HomeMy WebLinkAboutR-2010-108 Mutual Aid Agreement with the Joint Base Lewis-McCord/Yakima Training Center Police DepartmentRESOLUTION NO. R-2010-108
A RESOLUTION authorizing the City Manager and Chief of Police to enter 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
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
/ ,
City Clerk
Micah Cawley, May
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
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.0 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
Subject to YPD policies and procedures, the YPD agrees, as follows to:
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(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
joint training opportunities and other facilities and available equipment with
provision of liability release forms.
(b) Loan or lease equipment to the YPD, if available, of a
protective masks, helmets, body armor, night vision and other equipment as
5525.5 and AR 700-131 in response to civil disturbances.
(c) Allow access onto the YTC for YPD Officers on official
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.
of classroom space, ranges,
the proper coordination and
protective nature, ,such as
authorized by DOD Directive
business such as training,
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.
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6. Compliance with Law
The JBLM-YTC and .the YPD agree to perform all services under andpursuant 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 conditioh 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.
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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
4LBy �s�� By/�
Sam Granato, Chief of Police Thomas H. Brittain, Colonel, U.S. Army
JBLM Commanding
Date:
/8-
a0/ v
CITY OF YAKIMA
By
R.A. Zais, Jr., ty Manager
Date: / O/ / /C.)
ATTEST:
By
Date:
' t0
JBLM-YTC GARRISON COMMANDER
By
Michael
U.S. Ar
Date:
101
tenant Colonel, U.S.
ing
-r'to
De•orah Kloster, City
City Contract No.: (:,24/62-
Resolution
:,2,/G2 -
Resolution No.: - %D,
4
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, that the JBLM Garrison
Commanding Officer has authorized him to execute this instrument on behalf of JBLM, the JBLM Yakima
Training Center and the JBLM Yakima Training Center Police Department, and he acknowledged it to be
a free and voluntary act of the Joint Base Garrison, for the uses and purposes mentioned in the
instrument.
DATED this 16)-(1/‘day of 54`0-(A'
NOTARY PUBLIC
4 STATE OF WASHINGTON ►
LINDA T. PITTNER
4 My Appointment Expires July 15, 2012 ►
2010.
Print Dame: 1.-/ndo. T pi tin -64
NOTARY PUBLIC in and for the State of
Washington, residing at wnL4---
My appointment expires:
5
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 9 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
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. \ 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: