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Home My WebLink AboutR-2003-134 I Corps & Fort Lewis Mutual Aid AgreementRESOLUTION NO. R-2003-134 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Mutual Aid Agreement with I Corps and Fort Lewis for the purpose of providing Emergency Response Team and other assistance in exchange for I Corps services and equipment. WHEREAS, I Corps and Fort Lewis ("I Corps") desires the Yakima Police Department ("YPD") provide primary Emergency Response Team and other assistance when such services are beyond the capabilities of the Yakima County Sheriff's Office; and WHEREAS, in exchange for said services, I Corps is willing to provide YPD with explosive detection services, police training support, and use of certain equipment; and WHEREAS, the City Council of the City of Yakima holds that interagency cooperation is critical to the development and maintenance of safe communities, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Mutual Aid Agreement Between I Corps and Fort Lewis, Fort Lewis, Washington and Yakima Police Department" for the purpose of providing mutual aid and assistance. ADOPTED BY THE CITY COUNCIL this 2ist day of October ATTEST: MPlace, Mayor City Clerk , 2003. MUTUAL AID AGREEMENT Between I CORPS AND FORT LEWIS, FORT LEWIS, WASHINGTON And YAKIMA POLICE DEPARTMENT THIS MUTUAL AID AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a municipal corporation (hereinafter "City"), and the Commander, I Corps and Fort Lewis, Fort Lewis, Washington (hereinafter "I Corps") WHEREAS, I Corps desires the Yakima Police Department ("YPD") to provide primary Emergency Response Team ("ERT") services and assistance with civil disturbances on the Yakima Training Center when such service and assistance is beyond the capability of the Yakima County Sheriff. WHEREAS, in exchange for said services, I Corps is wilting to provide YPD with explosive detection services, police training support, and use of certain equipment. WHEREAS, I Corps 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 Secunty; 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, the City and I Corps mutually agree as follows: 1 1. Services to be provided by YPD. Subject to YPD policies and procedures, YPD agrees, as follows to: (a) Respond as the primary Emergency Response Team to resolve (under the direction of the Provost Marshal) any incident, which exceeds the capability of the installation military police patrols, mcludmg a terronst event. YPD ERT will maintain this role until relieved by FBI tactical personnel or released by the Provost Marshal. These incidents include, but are not limited to: hostage situations, armed barricaded suspects, downed officer/citizen rescue, terrorist incidents, aircraft recapture, civil disturbances, and other emergency situations that go beyond the capabilities of the military police patrols. Upon entering Yakima Training Center and execution of this mutual agreement, YPD ERT will be under the command and control of the incident commander. The incident commander will normally be the senior first responder or military policeman from the installation, but may otherwise, in agreement with YPD ERT command, be designated or transferred by the installation commander to another response command element. (b) Assist in containing civil disturbances on the Yakima Training Center. (c) Assist in contammg and responding to military equipment accidents that occur within the city limits of Yakima by providing traffic control and possible road closure(s) in the affected area. (d) Assist in containing and responding to accidents that involve the escape of an armed, fleeing felon(s) through traffic control and other appropriate measures. (e) Assist in the pursuit of fleeing criminals on the Yakima Training Center. 2. Services and Equipment to be provided by I Corps. I Corps shall provide the following services and equipment to YPD: (a) Enter into an Explosive Ordinance Disposal Civil Support Release and Reimbursement Agreement, IAW AR 190-12, to provide YPD with explosive detector dog (EDD) support, when possible. YPD shall provide as much advance notice and coordination as possible. (b) Provide YPD trammg support in the foiiu of classroom space, ranges, and other facilities, with proper coordination and provision of release of liability forms. (c) Loan or lease equipment to YPD, if available, of a protective nature, such as masks, helmets, vests, body armor, night vision, and other equipment as authorized by DOD Directive 5525.5 and AR 700-131, in response to civil disturbance. (d) Allow access to Yakima Training Center for YPD officers on official business such as training, coordination, and emergency response. 2 3. Term of Agreement. The term of this Agreement shall commence upon full execution by the parties hereto and shall terminate two years from the date of execution, unless extended by the mutual agreement of both parties in writing or sooner terminated by either party in accordance with Section 9 of this Agreement. 4. Annual Review. This Agreement shall require annual review. 5. Compliance with Law. I Corps and 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. 6. No Third -Person Benefits. This Agreement is solely for the benefit of the parties hereto, and creates no rights and/or benefits of any type in any third parties. 7. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 8. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the nght 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 perfoiniance 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 or rehnquishment of any such agreement, covenant, condition or nght. 9. Termination. Either party may terminate this Agreement, with or without cause, by providing the other party with thirty (30) days written notice of termination. 10. Notices. Unless stated otherwise herein, all notices and demands shall be in wntmg and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Police Chief 200 South Third Street Yakima, WA 98901 3 TO I Corps: or to such other 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. 11. Integration and Supersession. 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 such former agreements 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 R.A. Zais, Jr., City Manger Date: C(—`(`a3 ATTEST: f*A1-Le_vt— City Clerk Contract No. Resolution No. /4 P?ODR 'S/ 4 I Corps and Fort Lewis // 040 / EDW • in SORIANO Lieutenant General, U.S. Army Commanding Officer Date: 1 }" [`° BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT * Item No. For Meeting of /o/c2 i/a3 ITEM TITLE: Consideration of a Resolution authorizing execution of an Agreement with I Corps and Fort Lewis for the purpose of providing Emergency Response Team and other Assistance in exchange for I Corps services and equipment. SUBMITTED BY: Chief Sam Granato, Police Department CONTACT PERSON/TELEPHONE: Lt. Mike Merryman - 575-6218 SUMMARY EXPLANATION: I Corps and Fort Lewis desire the Yakima Police Department to provide primary Emergency Response Team services and assistance with civil disturbances on the Yakima Training Center when such service and assistance is beyond the capability of the Yakima County Sheriff. In exchange for said services, I Corps is willing to provide the Yakima Police Department with explosive detection services, police training support, and use of certain equipment. It is in the interest of the Yakima Police Department to enter into an agreement with I Corps and Fort Lewis as it serves to enhance the safety of City residents. The City Manager will enter into an agreement with I Corps and Fort Lewis for the purpose enhancing the safety of persons at the Yakima Training Center and the citizens of Yakima. Staff is requesting the City Council to direct the City Manager enter into this agreement with I Corps and Fort Lewis. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends the Council adopt the attached Resolution directing the City Manager to enter into a Mutual Aid Agreement with I Corps and Fort Lewis. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-134