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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.G.
For Meeting of:August 5, 2019
ITEM TITLE: Resolution approving an interlocal agreement with the U.S.
Department of the Army for a one-year license to use the Yakima
Training Center Military Reservation for training purposes
SUBMITTED BY: Matthew Murray, Chief of Police
Shawn Boyle, Captain
SUMMARY EXPLANATION:
This license allows the Yakima Police Department, specifically the SWAT Team to use facilities
that are within the Yakima Training Center, a detachment of Joint Base Lewis-McChord. The
permissions include the use of live firing ranges, other training ranges, the fitness center, and
billeting if necessary at no cost to the City. The license has been granted for one year from June
1 , 2019-May 31, 2020.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR '
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D resolution 7/25/2019 r Me o
D . . apt. of Army License( retract 7/25/2019 ( retract
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RESOLUTION NO. R-2019-
A RESOLUTION approving an interlocal agreement with the U.S. Department of the Army
for a one-year license to use the Yakima Training Center Military
Reservation for training purposes
WHEREAS, the City of Yakima Police Department ("YPD") has the responsibility of
protecting lives and property, and keeping the peace; and
WHEREAS, YPD maintains a Special Weapons and Tactics Team ("SWAT") to provide
emergency response in certain high-risk incidents such as terrorist acts, school shootings,
hostage negotiations and civil disturbances; and
WHEREAS, inter-agency cooperation and assistance are encouraged and permitted by
RCW 10.93, the Mutual Aid Peace Officers Powers Act, and RCW 39.34, Interlocal Cooperation
Act; and
WHEREAS, in Chapter 10.93 RCW, the 'Washington Mutual Aid Peace Officers Powers
Act," RCW 10.93.001(2) states that it "is the intent of the legislature that current artificial barriers
to mutual aid and cooperative enforcement of the laws among general authority local, state and
federal agencies be modified" pursuant to Chapter 10.93 RCW; and
WHEREAS, the Department of the Army has provided YPD a one-year non-exclusive
license to use certain facilities and land at the Yakima Training Center Military Reservation for
training purposes at no cost to the City of Yakima; and
WHEREAS, YPD wishes to take advantage of the training opportunities presented by the
use of the Yakima Training Center Military Reservation so that the YPD SWAT unit can best
maintain and train for full operational capability; and
WHEREAS, the City Council finds that it is in the City of Yakima's best interest to enter a
one-year license for YPD and YPD SWAT to use certain facilities and land at the Yakima Training
Center Military Reservation for training purposes; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interlocal Agreement entitled "Department of the Army License Yakima Training
Center Military Installation Yakima and Kittitas Counties, Washington" is approved, and the City
Manager is authorized and directed to sign the interlocal agreement.
ADOPTED BY THE CITY COUNCIL this 5'h day of August, 2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
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YTC 19-06
DEPARTMENT OF THE ARMY LICENSE
YAKIMA TRAINING CENTER MILITARY INSTALLATION
YAKIMA AND KITTITAS COUNTIES, WASHINGTON
THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, or duly
authorized representative under authority of the General Administrative Powers of
Secretary, hereby grants to YAKIMA POLICE DEPARTMENT - SWAT, hereinafter
referred to as the grantee, a non-exclusive license for billeting, dining facilities, training .„
areas, firing ranges, and Selah Airstrip for emergency vehicle operations training over,
across, in and upon lands at Yakima Training Center Military Reservation, Washington,
hereinafter referred to as the premises.
THIS LICENSE is granted subject to the following conditions.
I. TERM
This license is granted for a term of one year, beginning 1 JUNE 2019 and ending 31
MAY 2020, but revocable at will by the Secretary of the Army. It is authorized for no
more than seven (7) consecutive days and no more than 30 days for the term.
„
2 CONSIDERATION
a. The grantee shall pay in advance to the United States the amount of
Waived and NO / 100 DOLLARS ($0.00), (in full for the term hereof)
(payable ) to the order of the Finance and Accounting Officer,
District, and delivered to
b. All consideration and other payments due under the terms of this license must be
paid on or before the date they are due in order to avoid the mandatory sanctions
imposed by the Debt Collection Act of 1982, (31 U.S.C. Section 3717). This statute
requires the imposition of an interest charge for the late payment of debts owed to the
United States; an administrative charge to cover the costs of processing and handling
delinquent debts; and the assessment of an additional penalty charge on any portion of
a debt that is more than 90 days past due. The provisions of the statute will be
implemented as follows:
(1) The United States will impose an interest charge, the amount to be
determined by law or regulation, on late payment of debts. interest will accrue from (the
due date) (the later of the due date or the date notification of the amount due is mailed
to the grantee). An administrative charge to cover the cost of processing and handling
each payment will also be imposed.
(2) In addition to the charges set forth above, the United States will impose a
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penalty charge of six percent (6%) per annum on any payment or portion thereof, more
than ninety (90) days past due. The penalty shall accrue from the date of delinquency
and will continue to accrue until the debt is paid in full.
(3) All payments received will be applied first to any accumulated interest,
administrative and penalty charges and then to any unpaid rental or other payment
balance. Interest will not accrue on any administrative or late payment penalty charge.
3. NOTICES
AU notices and correspondence to be given pursuant to this license shall be
addressed, if to the grantee, to YAKIMA POLICE DEPARTMENT - SWAT, 200 3rd St.,
Yakima, WA 98901. POC, Sergeant Ira Cavin, Phone: 509-728-6895, Email:
ira.cavin@yakimawa.gov, and if to the United States, to Public Works, ATTN: IMLM-
PWM, Box 339500, MS 17, Joint Base Lewis-McChord, Washington 98433-9500; or
as may from time to time otherwise be directed by the parties. Notice shalt be deemed
to have been duly given if and when enclosed in a properly sealed envelope addressed
as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by
the United States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary",
"Installation Commander", or "said officer" shall include their duly authorized
representatives. Any reference to "grantee" shall include any duly authorized
representatives.
5. SUPERVISION BY THE INSTALLATION COMMANDER
The use and occupation of the premises shall be subject to the general supervision
and approval of the Installation Commander hereinafter referred to as said officer, and
to such rules and regulations as may be prescribed from time to time by said officer.
6. APPLICABLE LAWS AND REGULATIONS
The grantee shall comply with all applicable Federal, state, county and municipal
laws, ordinances and regulations wherein the premises are located.
7. CONDITIONAL USE BY GRANTEE
The exercise of the privileges herein granted shall be:
a. without cost or expense to the United States;
b. subject to the right of the United States to improve, use or maintain the premises.
C. subject to other outgrants of the United States on the premises.
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d. personal to the grantee, and this license, or any interest therein, may not be
transferred or assigned.
8. CONDITION OF PREMISES
The grantee acknowledges that it has inspected the premises, knows its condition,
and understands that the same is granted without any representations or warranties
whatsoever and without any obligation on the part of the United States.
9. COST OF UTILITIES
The grantee shall pay the cost, as determined by the officer having immediate
supervision over the premises, of producing and/or supplying any utilities and other
services furnished by the Government or through Government-owned facilities for the
use of the grantee, including the grantee's proportionate share of the cost of operation
and maintenance of the Government-owned facilities by which such utilities or services
are produced or supplied. The Government shall be under no obligation to furnish
utilities or services. Payment shall be made in the manner prescribed by the officer
having such jurisdiction.
10. PROTECTION OF PROPERTY
The grantee shall keep the premises in good order and in a clean, safe condition by
and at the expense of the grantee. The grantee shall be responsible for any damage
that may be caused to property of the United States by the activities of the grantee
under this license, and shall exercise due diligence in the protection of all property
located on the premises against fire or damage from any and all other causes. Any
property of the United States damaged or destroyed by the grantee incident to the
exercise of the privileges herein granted shall be promptly repaired or replaced by the
grantee to a condition satisfactory to said officer, or at the election of said officer,
reimbursement made therefore by the grantee in an amount necessary to restore or
replace the property to a condition satisfactory to said officer.
11. INDEMNITY
The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein.
granted, or for damages to the property of the grantee, or for damages to the property
or injuries to the person of the grantee's officers, agents, or employees or others who
may be on the premises at their invitation or the invitation of any one of them, and the
grantee shall hold the United States harmless from any and all such claims not including
damages due tothe fault or negligence of the United States or its contractors.
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12. RESTORATION
On or before the expiration of this license or its termination by the grantee, the
grantee shall vacate the premises, remove the property of the grantee, and restore the
premises to a condition satisfactory to said officer. If, however, this license is revoked,
the grantee shall vacate the premises, remove said property and restore the premises
to the aforesaid condition within such time as the Installation Commander may
designate. in either event, if the grantee shall fail or neglect to remove said property
and restore the premises, then, at the option of said officer, the property shall either
become the properly of the United States without compensation therefor, or said officer
may cause the property to be removed and no claim for damages against the United
States or its officers or agents shall be created by or made on account of such removal
and restoration work. The grantee shall also pay the United States on demand any sum
which may be expended by the United States after the expiration, revocation, or
termination of this license in restoring the premises.
13. NON-DISCRIMINATION
The grantee shall not discriminate against any person or persons or exclude them
from participation in the grantee's operations, programs or activities because of race,
color, religion, sex, age, handicap or national origin in the conduct of operations on the
premises. The grantee will comply with the Americans with Disabilities Act and
attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published
by the Architectural and Transportation Barriers Compliance Board.
14. TERMINATION
This license may be terminated by the grantee at any time by giving the Installation
Commander at least ten days' notice in writing provided that no refund by the United
States of any consideration previously paid shall be made and provided further, that in
the event that said notice is not given at least ten days prior to the rental due date, the
grantee shall be required to pay the consideration for the period shown in the Condition
on CONSIDERATION.
15. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this license shall
protect the premises against pollution of its air, ground and water. The grantee shall
comply with any laws, regulations, conditions, or instructions affecting the activity
hereby authorized if and when issued by the Environmental Protection Agency, or any
Federal, state, interstate or local governmental agency having jurisdiction to abate or
prevent pollution. The disposal of any toxic or hazardous materials within the premises
is specifically prohibited. Such regulations, conditions, or instructions in effect or
prescribed by said Environmental Protection Agency, or any Federal, state, interstate or
local governmental agency are hereby made a condition of this license. The grantee
shall not discharge waste or effluent from the premises in such a manner that the
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discharge will contaminate streams or other bodies of water or otherwise become a
public nuisance.
b. The grantee will use all reasonable means available to protect the environment
and natural resources, and where damage nonetheless occurs from the grantee's
activities, the grantee shall be liable to restore the damaged resources.
c. The grantee must obtain approval in writing from said officer before any
pesticides or herbicides are applied to the premises.
16. HISTORIC PRESERVATION
The grantee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archeological, architectural or other cultural artifacts, relics,
remains or objects of antiquity. In the event such items are discovered on the premises,
the grantee shall immediately notify said officer and protect the site and the material
from further disturbance until said officer gives clearance to proceed.
17. DISCLAIMER
This license is effective only insofar as the rights of the United States in the premises
are concerned; and the grantee shall obtain any permit or license which may be require
by Federal, state, or local statute in connection with the use of the premises. It is
understood that the granting of this license does not preclude the necessity of obtaining
a Department of the Army permit for activities which involve the discharge of dredge or
fill material or the placement of fixed structures in the waters of the United States,
pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899
(33 USC 403), and Section 404 of the Clean Waters Act(33 USC 1344).
18. SPECIAL CONDITIONS
a. Access to the Yakima Training Center Military Reservation will be coordinated
with Range Operations prior to all entries on to said military reservation lands.
b. A copy of this license and the approved land request from Range Operations will
be carried by the grantee while on Yakima Training Center Military Reservation.
c. The grantee shall comply with all land use requirements in place when in use.
di Use must be scheduled in advance with Range Operations.
e. All use of Yakima Training Center ranges, as well as all handling, movement and
storage of explosives and other hazardous materials on Yakima Training Center, is
subject to U.S. Army, Installation Management Command, and Yakima Training Center
regulations and range Standing Operating Procedures. Grantee shall conform to those
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or obtain approval from the Joint Base Commander for any issues or activities related to
range use that does not conform to these standards.
f. Grantee shall designate a grantee range Officer In Charge (01C) and Range
Safety Officer(RSO) to Range Control, and shall certify to Range Control those
designated personnel have completed National Rifle Association or equivalent training
ifor the weapons to be fired, and shall certify the designated RSO has completed
National Rifle Association or equivalent training as a Range Safety Officer.
g. Grantee shall designate a grantee range Officer In Charge (OIC) and Range
Safety Officer (RSO) to Range Control, when using Selah Airstrip and shall certify to
Range Control those designated personnel have completed Washington State Certified
Emergency Vehicle Operations Course (EVOC) training.
h. Grantee shall coordinate any desired media involvement while on Yakima
Training Center with the Joint Base Lewis-McChord Public Affairs Officer (PAO). No
media shall be permitted on the base without prior approval from the PAO.
i. Grantee agrees to inform all people entering onto Yakima Training Center land
under this agreement of the need for Unexploded Ordinance (UX0) awareness training
prior to entry onto the installation. Training is located at the following link:
htt Jewis-mcchordaarm .milisafet /Pages/All/UXO.aspx
THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as
amended.
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army, this 0 day of. MCkbe) 2019.
Mike K. arton
Real Property Officer
Joint Base Lewis-McChord
THIS LICENSE is also executed by the grantee this, day of 2019.
Signature
Typed or Printed Name and Title
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CITY OF YAKIMA
By
Cliff Moore, City Manager
Date:
ATTEST:
By
City Clerk
City Resolution No. R-2019-
City Contract No.