HomeMy WebLinkAboutR-2019-016 Mutual Aid Agreement with the Yakima Training CenterRESOLUTION NO. R-2019-016
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:
Sonya Aar Tee, City Clerk
MUTUAL AID AGREEMENT
Between
JOINT BASE LEVV|S-K8CCHORD'YA0K8ATRAINING CENTER.VVAGH|NGTON
And
CITY OFYAN3K8j\POLICE DEPARTMENT
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 ^Jl3LN1-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
VVHEREAG, in exchange for said oomiueo. JBL[N'YTC is willing to provide the YPD with police
training support, joint training and use of certain equipment and facilities; and
VVHEREAO. YPD is willing to provide said services tnthe 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 RCVV 10.93.001(2)that it is the intent ofthe 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, RCVV 10.93.001(3) states that Chapter 1O.Q3RCVV"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 (\R)10O'12.Military Working Dogs, 11 N1aruh2O13.
2. AR 190'58. Designation and Protection of High Risk Pomonne|, 25 Feb2O18.
3. AR70U'131.Loan and Lease ofArmy Materiel, 23August 2OO4.
4. Department of Defense (DoD) Instruction 3025.21, Defense Support of Civilian Law
Enforcement Agencies, 27February 2O13.
5. DoOManual 41GO.21.Defense Material Disposition: Disposal Guidance and Procedures, 22
Dobobe,2O15.
b. 1OU.G.0Chapter 1G§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, THEREFDRE, in consideration of the mutual uovenanta, conditions and promises herein,
SUBJECT: VV12KAA-MAA-4522JBLK8-YT{-DE8@YPDfor Mutual Aid
1. Services toboProvided bvthe YPO
Subject to YPD policies and procedures, the YPD agrees, as follows to:
(a) Respond upon request oothe primary emergency response (under direction ofthe JBUN'
YTCordaeignee) to any incident, which exceeds the capability of the YTC Police Department, including a
terrorist event. YPDwiU respond and assist. ThaYPD will, if necessary, utilize mutual aid agreements to
call other law enforcement personnel, inn|uding, but not limited tothe YPO Emergency Response Team,
to contain the situation and will maintain this role until relieved by Federal Bureau of Investigation (FBI)
tactical personne|, theJBLK8'YTC or designee. These incidents inc|ude, but are not limited to: hostage
situations, terrorist incidents, aircraft recapture, civil disturbances and other emergency situations that go
beyond the capabilities ofthe YTCPolice Department. Upon entering YTC.the responding YPDofficers
will beunder the direction ofthe Incident Commander (hereafter ^|C^). The |Cwill normally bethe senior
first responder, but may otherwise, in agreement with YPID command elements, be designated or
transferred by the Installation Commander to another response command element.
(b) Assist incontaining civil disturbances onoradjacent toYTC.
(n) Assist in containing and responding to accidents involving military vehicles and
equipment that occur within the City ofYakima by providing traffic control and possible road c|nuuna(n) in
the affected area.
b0 Assist in containing and responding to incidents involving the escape of an armed, fleeing
fe|on(u)using appropriate measures.
(e) Assist inthe pursuit ofany fleeing criminals that may arrive onordepart from YTCwho
may enter into YPDjurisdiction. �
2. Services and Equipment provided bvJ8LK8'YTO
The following services and equipment will beprovided tothe YPO.
1. Provide the YPD training support when available in the form of classroom opace, ranges,
joint training opportunities and other facilities and available equipment with the proper coordination and
provision of liability release forms.
2. Loan orlease equipment hothe YPD.if available, ofoprotective nature, such oo
protective meoks, he|metn, body armor, night vision and other equipment aa authorized by OoD| 3025.21
and AR 700-131, in response to civil disturbances.
3. Allow access onto YTC for YPID Officers on official business such as training,
coordination and upon request, emergency response.
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 ofAqreement
The Agreement shall become effective upon the date cflast signature hereto and remain in
full force and effect until 1 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.
2
SUBJECT: VV12KAA-MAA-4522JBLK8'YTC-DEG&YPOfor Mutual Aid
5. Termination
Parties may terminate this Agreement, with or without cause, by providing the other parties
with thirty (3O)days written notice oftermination.
G. Compliance with Lew
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 |awo, rules and regulations adopted or
promulgated by any governmental agency or regulatory bndy, whether federal, state, |000| or otherwise.
7 NoThird Party Riqhts
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.
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
Awaiver by any party hereto ofabreach byanother party of any covenant orcondition 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 sentor hand
delivered to the parties to their addressed as follows:
Yakima Police Department:
City of Yakima:
JBLM-YTC Post Commander:
Gary Jones, Interim Chief ofPolice
20OSouth 3Id street
Yakima, VVAQ8SU1
Cliff Moore, City Manager
City ofYakima
12QNorth 2ndStreet
Yakima, WA 98901-2613
LTC Roger A. Gavh|uk
870Firing Center Road
Yakima, VVAS8QO1
orhusuch addresses aathe parties may hereafter designate inwriting. Ncdiceoond/ordemmndoohaUbe
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.
This Agreement sets forth all ofthe terms, conditions and agreements cfthe 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,
SUBJECT: VV12KAA-MAA-4522JBLM-YT[-[>E8&YPOfor 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.
A copy of this Agreement shall be filed with the Yakima City auditor's office or alternatively,
listed bysubject nnapublic agency's web site orother electronically retrievablepublic source pursuant hn
13. Approval and Siqnature
aryJom�a Interim Chief ofPolice
City of Yakima
Cliff Moore, Ciyy,' anago
_
/\~ VZ
Sonya C16
Date
City Contract No:
Resolution No:
,�/{Y�.��
*w// ~~�/
� n/Q ~°�/
�*'/ / //e
Joint BmmeGarhaon,JB
NicoleN1. Luoea, Conne|, LG
U.S. Army, Commanding
Date: � ���- ���
�*J �_-,y��
__ __.- .
JBILM-M-GAirrison Comm
Roge(-A.Gavr|uk.L:iCutanantColonel,
U.S. Army, Commanding
Jr
r
/
»
4
»
1
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:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHM ENTS:
Description Upload Date
resolution 2/4/2019
4/2019
0 YT
Type
esolution
contract