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02/19/2019 06N Mutual Aid Agreement with the Yakima Training Center to\'4\lyy tbxk ik 1 • 1-:41 P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.N. For Meeting of: February 19, 2019 ITEM TITLE: Resolution authorizing a Mutual Aid Agreement with the Yakima Training Center SUBMITTED BY: Gary Jones, Interim Chief of Police 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. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR ' SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type resolution 2/4/2019 E esolution D YT 4/ 019 ( retract 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing 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 19th day of February, 2019. ATTEST: Kathy Coffey, Mayor Sonya Claar-Tee, City Clerk 4 MUTUAL AID AGREEMENT Between JOINT BASE LEWIS-MCCHORD-YAKIMA TRAINING CENTER,WASHINGTON And CITY OF YAKIMA POLICE DEPARTMENT W12KAA-MAA-4522 THIS MUTUAL AID AGREEMENT (hereinafter"Agreement") is made and entered into by and between the Yakima Police Department (hereinafter"YPD") and JBLM-Yakima Training Center Post Commander(hereafter"JBLM-YTC"). 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 has authority to provide YPD with said services and enter into this Agreement pursuant to: 1. Army Regulation (AR) 190-12, Military Working Dogs, 11 March 2013. 2. AR 190-58, Designation and Protection of High Risk Personnel, 25 Feb 2018. 3. AR 700-131, Loan and Lease of Army Materiel, 23 August 2004. 4. Department of Defense(DoD) Instruction 3025.21, Defense Support of Civilian Law Enforcement Agencies, 27 February 2013. 5. DoD Manual 4160.21, Defense Material Disposition: Disposal Guidance and Procedures, 22 October 2015. 6. 10 U.S.0 Chapter 15§271-284, Military Support for Civilian Law Enforcement Agencies. 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: o SUBJECT: VV12KAA-MAA-4522 JBLM-YTC-DES & YPD for Mutual Aid 1. Services tobm Provided bv thmYPD Subject toYPD policies and procedures, the YPD agrees, ea follows to: � 1 (a) Respond upon request as the primary emergency response(underdirection of the JBLIVI- YTC or designee)to any incident, which exceeds the capability of the YTC Police Department, includinga J terrorist event. YPDwiU respond and assist. TheYPQ will, if necessary, utilize mutual aid agreements to � call other law enforcement personnel, including, but not limited to the YPD Emergency Response Team, | to contain the situation and will maintain this role until relieved by Federal Bureau of Investigation (FBI) tactical personnel, the JBLP@'YTCordesignee. These incidents include, but are not limited to, hostage J aituetinna, terrorist inoidenta, aircraft reca[tune, civil disturbances and other emergency situations that go � beyond the capabilities of the YTC Police Department. Upon entering YTC. the responding YPD officers will be under the direction of the Incident Commander(hereafter^|C^). The /C will normally be the senior first responder, but may otherwise, in agreement with YPD command elements, be designated or 8 transferred by the Installation Commander to another response command element. � ' (b) Assist in containing civil disturbances onor adjacent toYTC. |i (c) Ass'ist in containing and responding to accidents involving military vehicles and � equipment that occur within the City cfYakima by providing traffic control and possible road olooure(a) in � the affected area. l �(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 8 may enter into YPDjurisdiction. � ^ � 2. Services and Equipment Provided bv JBLM'YTC r | The following services and equipment will be provided to the YPO. : � 1. 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 mnd provision of liability release forms. 2. Loan or lease equipment to the YPD, if available, of protective nature, such as protective maeka, ha|meta, body armor, night vision and other equipment as authorized by DoD| 3025.21 d and AR700-131. in response to civil disturbances. � 4 3. Allow access onto YTC for YPD Officers on official business such aa training . : coordination and upon request, emergency response. '! ,3. P/opertv .. ]Unless otherwise specifically agreed by the parties in writing, eUproperty. permona| andreei , utilized by the parties hereto inthe execution of the Agreement shall remain the property of the party � initially owning it. 4. Term of Awmement The Agreement shall become effective upon the date of last signature hereto and remain in � full force and effect until October 2025, or 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. | ||� � 'i s 8UBJECT: VV12 JBLM-YTC-DE8 & YPD for Mutual Aid 5. Termination Parties may terminate this Agreement, with or without cause, by providing the other parties with thirty (30) days written notice oftermination. 6. Compliance with Law The JBUN-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 federa|, ababe, local or otherwise. ^ 7. No Third PmdwRiiqhts � ` 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. 8. Severmb1|hm � If any portion of this Agreement is changed per mutual agreement, or any portion is held inve|id, the remainder ofthis Agreement shall remain in full forma and effect. 9. Waiver ofBreach 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. Lenienoy, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Aoreement, or to exercise any right herein given in any one or more inotanceo, shall not be construed as e waiver of any such agreement, covenmnt, 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 eafollows: Yakima Police Department: Gary Jones, Interim Chief of Police 200 South Votreet Yakima, VVA88801 City ofYakima: Cliff Moore, City Manager City ofYakima 12@ North 2ndStneet Yakima, VVA98901'2813 JBLPN-Y7lC Post Commander: LTC Roger A. Gevr|uh . 97O Firing Center Road Yakima, VVA889O1 orto such addresses aathe 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. 1 11. |ntmqnmt|on ' ! 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 temna. 7 SUBJECT: W12KAA-MAA-4522 JBLM-YTC-DES &YPD for Mutual Aid 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 City auditor's office or alternatively, listed by subject on a public agency's web site or other electronically retrievable public source pursuant to RCW 39.34.040. 13. Approval and Signature Yakima Police Department Joint Base Garrison,JB Gary Jones, Interim Chief of Police Nicole M. Lucas, Colonel, LG U.S.Army, Commanding Date: Date: .2,6 7 ) 20/11 City of Yakima JBLM-YTC rison Comma Cliff Moore, City Manager Roge A. Gavriluk, Lieutenant Colonel, U.S.Army, Commanding Date: Date: (1) Attest: Sonya Claar Tee, City Clerk Date: City Contract No: Resolution No: 4