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HomeMy WebLinkAbout08/05/2019 06G Interlocal Agreement with U.S. Department of the Army for 1-year License to Use Yakima Training Center to\'4\lyy tbxk ik 1 PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. 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 2 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 3 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 4 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. 2 5 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. 3 6 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 4 7 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 8 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 6 9 CITY OF YAKIMA By Cliff Moore, City Manager Date: ATTEST: By City Clerk City Resolution No. R-2019- City Contract No.