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HomeMy WebLinkAbout09/21/2010 09 Mutual Aid Agreement with the Joint Base Lewis-McCord/Yakima Training Center Police Department • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 9r q For Meeting of September 21, 2010 ITEM TITLE Consideration of a Resolution Authorizing the City Manager and Chief of Police to Enter Into a Mutual Aid Agreement with the Yakima Training Center Police Department SUBMITTED BY Chief Sam Granato, Police Department CONTACT PERSON/TELEPHONE Captain Jeff Schneider (509) 575 -6151 SUMMARY EXPLANATION Joint Base Lewis- McCord/Yakima Training Center Police Department and the Yakima Police Department wish to enter into a law enforcement mutual aid agreement. This agreement with the Yakima Training Center Police Department is for cooperative law 0 enforcement assistance to the Yakima Training Center in the event of a law enforcement incident that is beyond the capabilities of the Yakima Training Center Police Department to handle In return the Yakima Training Center will provide training facilities and the loan or lease of equipment as appropriate Staff is requesting the City Council direct the City Manager and Chief of Police to execute this agreement with Joint Base Lewis McCord/Yakima Training Center Police Department. Resolution X Ordinance Other (Specify) Mutual Aid Agreement Contract X Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. \� v City Manager STAFF RECOMMENDATION Staff recommends the Council adopt the attached Resolution directing the City Manager and Chief of Police to enter into a Mutual Aid Agreement with Joint Base Lewis McCord/Yakima Training Center Police Department. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION: • RESOLUTION NO R -2010- • A RESOLUTION authorizing the City Manager and Chief of Police to enter g y g into a mutual aid agreement with the Yakima Training Center Police Department WHEREAS, Joint Base Lewis McCord (JBLM)- Yakima Training Center (YTC) desires the YPD to provide emergency response team services and assistance with civil disturbances on or adjacent to the Yakima Training Center, Washington, and WHEREAS, in exchange for said services, JBLM -YTC is willing to provide the YPD with police training support, joint training and use of certain equipment and facilities, and WHEREAS, YPD is willing to provide said services to the JBLM -YTC in exchange for said police training support, joint training and use of certain equipment and facilities, and WHEREAS, Chapter 10 93 RCW, the "Washington Mutual Aid Peace Officers Powers Act ", the Washington State legislature stated in RCW 10 93 001(2) that it is the intent of the legislature "that current artificial barriers to mutual aid and cooperative enforcements of the laws among general authority local, state and federal agencies be modified" pursuant to Chapter 10 93 RCW, and WHEREAS, RCW 10 93 001(3) states that Chapter 10 93 RCW "shall be liberally construed to effectuate the intent of the legislature to modify current restrictions upon the 40 limited territorial and enforcement authority of general authority peace officers and to effectuate mutual aid among agencies ", and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Yakima Training Center Police Department, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager and Chief of Police are hereby authorized and directed to execute the attached and incorporated "Mutual Aid Agreement" with Joint Base Lewis McCord/Yakima Training Center Police Department for the purpose of cooperative law enforcement mutual aid ADOPTED BY THE CITY COUNCIL this 21st day of September, 2010 ATTEST Micah Cawley, Mayor City Clerk III 411/ MUTUAL AID AGREEMENT Between JOINT BASE LEWIS - MCCHORD - YAKIMA TRAINING CENTER, WASHINGTON And CITY OF YAKIMA POLICE DEPARTMENT THIS MUTUAL AID AGREEMENT (hereinafter "Agreement ") is made and entered into by and between the City of Yakima Police Department (hereinafter "YPD ") and JBLM- Yakima Training Center Post Commander (hereafter "JBLM -YTC Post Commander ") WHEREAS, JBLM -YTC desires the YPD to provide emergency response team services and assistance with civil disturbances on or adjacent to the Yakima Training Center, Washington, and WHEREAS, in exchange for said services, JBLM -YTC is willing to provide the YPD with police training support, joint training and use of certain equipment and facilities, and WHEREAS, YPD is willing to provide said services to the JBLM -YTC in exchange for said police training support, joint training and use of certain equipment and facilities; and WHEREAS, Chapter 10 93 RCW, the "Washington Mutual Aid Peace Officers Powers Act ", the Washington State legislature stated in RCW 10 93 001(2) that it is the intent of the legislature "that 0 current artificial barriers to mutual aid and cooperative enforcements of the laws among general authority local, state and federal agencies be modified" pursuant to Chapter 10 93 RCW; and WHEREAS, RCW 10 93 001(3) states that Chapter 10 93 RCW "shall be liberally construed to effectuate the intent of the legislature to modify current restrictions upon the limited territorial and enforcement authority of general authority peace officers and to effectuate mutual aid among agencies ", and WHEREAS, JBLM -YTC represents that it has authority to provide YPD with said services and enter into this Agreement pursuant to 1 DOD Directive 5525 5, Cooperation with Civilian Law Enforcement Officials, 2. AR 190 -58, Personal Security; 3 AR 190 -12, Military Working Dogs, 4 AR 700 -131, Loan and Lease of Army Materials 5 DOD Manual 4160.21 M, Defense Reutilization and Marketing Manual 6 10 U S C Chapter 18 § 371 -378, Military Cooperation with Civilian Law Enforcement Officials, and, 7 18 U S C Section 1385, Use of Army and Air Force as Posse Comitatus, NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein, City of Yakima Police Department and JBLM -YTC mutually agree as follows 1 Services to be provided by the YPD 411 Subject to YPD policies and procedures, the YPD agrees, as follows to 1 (a) Respond upon request as the primary emergency response (under direction of the JBLM- YTC or designee) to any incident, which exceeds the capability of the YTC Police Department, including a terrorist event. YPD will respond and assist if it has personnel available at the time of the incident to do so The YPD will if necessary utilize mutual aid agreements to call other law enforcement personnel, including, but not limited to the Yakima Police Department's (YPD) Emergency Response Team, to contain the situation and will maintain this role until relieved by Federal Bureau of Investigation (FBI) tactical personnel, the JBLM -YTC or designee These incidents include, but are not limited to Hostage situations, terrorist incidents, aircraft recapture, civil disturbances and other emergency situations that go beyond the capabilities of the YTC Police Department. Upon entering YTC, the YPD will be under the direction of the Incident Commander (hereafter "IC ") The IC will normally be the senior first responder, but may otherwise, in agreement with YPD command elements, be designated or transferred by the Installation Commander to another response command element. (b) Assist in containing civil disturbances on or adjacent to the YTC (c) Assist in containing and responding to accidents involving military vehicles and equipment that occur within the City of Yakima by providing traffic control and possible road closure(s) in the affected area. (d) Assist in containing and responding to incidents involving the escape of an armed, fleeing felon(s) using appropriate measures. (e) Assist in the pursuit of any fleeing criminals that may arrive on or depart from YTC who may enter into YPD jurisdiction. 2. Services and Equipment provided by JBLM -YTC The following services and equipment will be provided to the YPD (a) Provide the YPD training support when available in the form of classroom space, ranges, joint training opportunities and other facilities and available equipment with the proper coordination and provision of liability release forms (b) Loan or lease equipment to the YPD, if available, of a protective nature, such as protective masks, helmets, body armor, night vision and other equipment as authorized by DOD Directive 5525 5 and AR 700 -131, in response to civil disturbances (c) Allow access onto the YTC for YPD Officers on official business such as training, coordination and upon request, emergency response 3. Property Unless otherwise specifically agreed by the parties in writing, all property, personal and real, utilized by the parties hereto in the execution of the Agreement shall remain the property of the party initially owning it. 4. Term of Agreement The Agreement shall become effective upon the date of last signature hereto and remain in full force and effect until cancelled by mutual agreement of the parties hereto or be written notice by one party to the other party, giving thirty (30) days notice of said cancellation pursuant to Section 5 below of this Agreement. 5. Termination Parties may terminate this Agreement, with or without cause, by providing the other parties with thirty (30) days written notice of termination 2 6 Compliance with Law The JBLM -YTC and the YPD agree to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise 7 No Third Party Rights This Agreement is solely for the benefit of the parties hereto, and creates no rights and /or benefits of any kind or type to any third parties. No person or entity other than the parties to this Agreement may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of the JBLM -YTC and the YPD 8. Severability If any portion of this Agreement is changed per mutual agreement, or any portion is held invalid, the remainder of this Agreement shall remain in full force and effect. 9 Waiver of Breach A waiver by any party hereto of a breach by another party of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver of any such agreement, covenant, condition or right. • 10 Notices Unless otherwise stated herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addressed as follows. Yakima Police Department: Sam Granato, Chief of Police City of Yakima Police Department 200 South 3rd Street Yakima, WA 98901 -2830 City of Yakima. Dick Zais, City Manager City of Yakima 129 North 2nd Street Yakima, WA.98901 -2613 JBLM -YTC Post Commander LTC Michael Daniels Yakima Training Center 970 Firing Center Road Yakima, WA 98901 JBLM -YTC DES Mr James Reddick Yakima Training Center 970 Firing Center Road Yakima, WA 98901 or to such addresses as the parties may hereafter designate in writing Notices and /or demands shall be sent by registered or certified mail, postage prepaid or hand delivered Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above S 3 11 Integration This Agreement sets forth all of the terms, conditions and agreements of the parties relative to the subject matter hereof and supersedes any and all former agreement(s) which are hereby declared terminated and of no further force and effect upon execution and delivery hereof There are no terms, conditions or agreements with respect thereto, except as herein provided and no amendment or modification of the Agreement shall be effective unless reduced to writing and executed by the parties 12. Filing A copy of this Agreement shall be filed with the Yakima County Auditor's office pursuant to RCW 39 34 040 CITY OF YAKIMA POLICE DEPARTMENT JOINT BASE GARRISON, JBLM By By Sam Granato, Chief of Police Thomas H Brittain, Colonel, U S Army JBLM Commanding Date Date CITY OF YAKIMA JBLM -YTC GARRISON COMMANDER By By R.A. Zais, Jr , City Manager Michael J Daniels, Lieutenant Colonel, U S U S Army, Commanding Date Date ATTEST By Deborah Kloster, City Clerk City Contract No Resolution No • 4 STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) I hereby certify that I know or have satisfactory evidence that U S Army Colonel Thomas H Brittain is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument, acknowledged that he is the Commanding Officer JBLM and is authorized to execute this instrument on behalf of JBLM and the JBLM- Yakima Training Center, and he acknowledged it to be a free and voluntary act of the Joint Base Garrison, JBLM for the uses and purposes mentioned in the instrument. DATED this day of , 2010 Print Name NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires. STATE OF WASHINGTON ) ss COUNTY OF YAKIMA ) I hereby certify that I know or have satisfactory evidence that U S Army Lieutenant Colonel Michael J Daniels is the person who appeared before me, and said person acknowledged that he signed this instrument and on oath stated that he was authorized to execute the instrument, acknowledged that he is the Commanding Officer for the JBLM Yakima Training Center, the JBLM Garrison Commanding Officer has authorized him to execute this instrument on behalf of JBLM and JBLM Yakima Training Center, and he acknowledge it to be a free and voluntary act of the Joint Base Garrison, for the uses and purposes mentioned in the instrument. DATED this day of , 2010 Print Name NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires. 5