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HOMELAND SECURITY REGION 3
INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into by and between counties, cities and tribes
located within Grays Harbor, Lewis, Mason, Pacific and Thurston counties which are signatories
hereto, hereinafter referred to as "member agencies".
WITNESSETH:
WHEREAS, to encourage intergovernmental cooperation and coordination in homeland
security planning, Washington State has divided the state into nine regions, designating the
areas of Grays Harbor, Lewis, Mason, Pacific and Thurston counties as Homeland Security
Region 3, hereinafter referred to as the "Region;" and
WHEREAS, the counties, cities and tribes within the Region intend to establish an
organizational structure for developing a sustainable, regional approach to homeland security
planning, addressing common problems and issues, and establishing mechanisms for mutual
aid and sharing of resources both within the homeland security region and with other agencies;
and
WHEREAS, all activities performed by the Region are to focus on expanding regional
cooperation and maximizing the member agencies' collective ability to safeguard and protect
their citizens from all hazards;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the undersigned parties hereto agree and have established Homeland Security Region 3
as follows:
SECTION I: NAME
Pursuant to the Revised Code of Washington, Chapter 39.34 - Interlocal Cooperation
Act, a regional council for homeland security planning and programs for counties, cities and
tribes located within Grays Harbor, Lewis, Mason, Pacific and Thurston counties, to be known
as the Homeland Security Region 3 Council, hereinafter referred to as the "Council," is hereby
created.
SECTION II: PURPOSE
The responsibilities and powers of the Council shall extend to the following functions:
A. The Council shall be a forum for cooperation and policy making on homeland
security-related issues among the member agencies.
B. The Council shall address problems and issues which by their nature require
coordinated planning, research, information sharing, implementation and administration.
C. The Council shall undertake planning, exercise and training activities which
the membership agrees should be done collectively or are required by state or federal law.
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D. The Council shall establish an annual budget for the expenditures of
Homeland Security Region 3.
E. The Council shall seek federal, state and other funding opportunities that
result in solutions to current and future hazards, risks and problems faced by the Region and its
member agencies.
F. The Council shall, within budget limitations, assign its resources to provide
technical planning assistance to member agencies.
G. The Council shall, within budget limitations, engage personnel as necessary
to carry out its work plan.
SECTION III: MEMBERS
The Council will be comprised of representatives from counties, cities with emergency
management programs (as defined in the Revised Code of Washington 38.52 - Emergency
Management), and federally recognized tribal nations located within Grays Harbor, Lewis,
Mason, Pacific and Thurston counties.
Five counties, five cities and six tribes are eligible for charter membership in the Council,
including:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Grays Harbor County
Lewis County
Mason County
Pacific County
Thurston County
City of Lacey
City of Olympia
City of Shelton
City of Tumwater
City of Yelm
Confederated Tribes of the Chehalis
Nisqually Tribe
Quinault Nation
Shoalwater Bay Tribe
Skokomish Tribe
Squaxin Island Tribe
The agencies listed above may obtain the rights and responsibilities of a “member
agency” by executing and signing a copy of the Interlocal Agreement for Homeland Security
Region 3 and providing a duplicate original to the Homeland Security Regional Coordinating
Office. All agencies listed above shall be contacted and given an opportunity to sign the
Interlocal Agreement.
Additional cities and towns within Grays Harbor, Lewis, Mason, Pacific and Thurston
counties may become eligible to join the Agreement with full membership rights and
responsibilities upon obtaining state recognition of their emergency management program as
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defined in the Revised Code of Washington 38.52. Additional tribal nations within the area of
the five counties may become eligible to join the Agreement with full membership rights and
responsibilities upon obtaining federal recognition of the tribe. Non-member agencies shall be
represented by the county representative for their location.
Each member agency's emergency management director (or equivalent position) or
his/her designee shall be the voting member for the agency as prescribed in the “Bylaws and
Operating Procedures” of the Council.
SECTION IV: MEETINGS
The Council shall hold at least four regular meetings each year and such special
meetings as the Council may determine. All regular meetings shall be held at a time and place
designated by the Council at their first meeting of each calendar year. The setting of special
meetings and changes of time and location of regular meetings are addressed in the “Bylaws
and Operating Procedures.”
SECTION V: WORK PROGRAM AND BUDGET
The process and schedule for adoption of the annual work program and budget shall be
specified in the “Bylaws and Operating Procedures” adopted pursuant to this Agreement. The
Council has authority to accept such lawful grants of money, gifts, services and use of property
as may be appropriate to the furtherance of the Council's purpose and functions.
SECTION VI: AUTHORIZATION OF PAYMENTS
All funds received by the Region shall be maintained and administered as “Homeland
Security Region 3 funds” in the office of the County Treasurer of the Homeland Security
Regional Coordinating Office, as prescribed in the “Bylaws and Operating Procedures” of the
Council. All expenses and lawful claims against Homeland Security Region 3 shall be
disbursed by the County Treasurer upon warrants drawn by the County Auditor upon vouchers
approved by the Coordinating Office. The Coordinating Office shall prepare semi-annual and
annual reports and present them at a regular meeting.
SECTION VII: PROPERTY AND EQUIPMENT
The Council must determine upon purchase of property and equipment to either:
A.
Maintain custody and control of the property or equipment as a joint
regional asset of Homeland Security Region 3, or
B.
Develop a distribution agreement to transfer custody and responsibility of
such property and equipment to an agency within the region as appropriate.
The ownership of all property, equipment and monies owned by member agencies prior
to and subsequent to the execution of this Agreement shall remain the property of said parties
notwithstanding its use by the Council subsequent to the execution of the Agreement. The
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ownership of property or equipment loaned or contributed to the Council by any member agency
shall remain the property of the loaning or contributing party.
In the event that any member agency withdraws from this Agreement prior to its
termination as provided herein, any property or equipment loaned or contributed by such party
shall be returned to such party within 30 days following the date of the party's withdrawal.
Joint regional assets shall be located at the Coordinating Office unless otherwise
assigned to a specific location. Upon termination of this Agreement, the Council shall determine
whether to offer joint regional assets to the Coordinating Office, or dispose of the property with
the proceeds to be shared by the member agencies.
SECTION VIII: DURATION OF AGREEMENT
The term of this Agreement shall be until December 31, 2006 unless renewed or
extended by Council action. If renewed, the Agreement shall be renewed no later than 30 days
prior to the termination date.
SECTION IX: WITHDRAWAL FROM MEMBERSHIP
Any party to this Agreement may withdraw from the Agreement, provided such notice to
withdraw is submitted in writing to the Coordinating Office 90 days prior to the date of
withdrawal. The withdrawal of any party shall not require dissolution of the Agreement.
Compensation owed to any withdrawing party shall be limited to reimbursement for work
accomplished pursuant to a current agreement with the Council.
Member agencies reserve the right to choose not to participate in specific projects in the
Council's work program. Declining to participate in specific projects does not constitute
withdrawal from this Agreement.
SECTION X: SURVIVORSHIP
The withdrawal or removal of any party to the Agreement shall not dissolve the
Agreement unless mutually agreed by all remaining parties, except as provided in Section XI.
SECTION XI: TERMINATION
This Agreement shall terminate effective December 31 of any year during the term of the
Agreement in the event fewer than five member agencies remain party to the Agreement.
SECTION XII: AMENDMENTS
This Agreement may be amended upon the unanimous agreement of all member
agencies hereto. Amendments shall be in writing and signed by all member agencies.
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SECTION XIII: INDEMNIFICATION
Each party to the Agreement shall be responsible for its own wrongful and negligent acts
or omissions, or those of its officers, agents, or employees to the fullest extent required by law,
and shall indemnify, defend, and hold the other parties to the Agreement harmless from any
such liability. In the case of negligence of more than one party, any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party and each party
shall have the right to seek contribution from each of the other parties in proportion to the
percentage of negligence attributable to each of the other parties.
SECTION XIV: SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term or provision of this
Agreement is held by the courts to be illegal, the validity of the remaining provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
If it should appear that any provision hereof is in conflict with any statute of the State of
Washington, said provision which may conflict therewith shall be deemed modified to conform to
such statutory provision.
SECTION XV: BYLAWS AND OPERATING PROCEDURES
The Council shall operate in accordance with the “Bylaws and Operating Procedures” of
Homeland Security Region 3; such bylaws and procedures shall be reviewed at least every
three years.
IN WITNESS WHEREOF, the parties through their duly authorized representatives, have
executed this Agreement effective the _____ day of ____________, 2003.
Add signatures, titles, agencies, dates signed
K:\Homeland Security\HSR3\Agreement Drafts\Interlocal Agreement Current Draft030703.doc
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