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11/19/2019 06J Mutual Aid Agreement Between Department of the Army and Yakima Fire Department a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.J. For Meeting of: November 19, 2019 ITEM TITLE: Resolution authorizing a Mutual Aid Agreement between the Department of the Army and the Yakima Fire Department SUBMITTED BY: Aaron Markham, Fire Chief SUMMARY EXPLANATION: Joint Base Lewis-McChord and the City have negotiated a Mutual Aid Agreement for Emergency Aid Response pursuant to the authority granted each agency as provided in Chapter 39.34 RCW in order to jointly and cooperatively provide such area-wide emergency response services. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D esolution 11/0/2019 r Me o D retract 11/5/2019 r Me o 2 RESOLUTION NO. R-2019- RESOLUTION authorizing a Mutual Aid Agreement between the Department of the Army and the City of Yakima. WHEREAS, the City of Yakima (Yakima Fire Department) and Joint Base Lewis- McChord (Yakima Training Center) each independently operate organized and staffed fire departments trained and equipped to provide fire and medical emergency responses in their respective jurisdictions; and WHEREAS, Joint Base Lewis-McChord and the City have negotiated a Mutual Aid Agreement for Emergency Aid Response pursuant to the authority granted each agency as provided in Chapter 39.34 RCW in order to jointly and cooperatively provide such area-wide emergency response services; and WHEREAS, the parties hereto desire to enter into the negotiated Mutual Aid Agreement, attached hereto and incorporated herein by this reference wherein, under certain circumstances, a fire agency will respond to an emergency incident within the corporate limits of the other fire agency; and WHEREAS, the City Council finds and determines that approval of the Mutual Aid Agreement for Emergency Aid Response attached hereto is in the best interests of the residents of the City of Yakima, and that such approval will promote the general health, safety and welfare of the City; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized and directed to sign the Mutual Aid Agreement entitled "Department of the Army Mutual Aid Agreement (MAA) City of Yakima Fire Department (YFD) IM-W12KAA-19427", attached hereto and incorporated herein by this reference, . ADOPTED BY THE CITY COUNCIL this 19'h day of November, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee 3 DEPARTMENT OF THE ARMY MUTUAL AID AGREEMENT (MAA) CITY OF YAKIMA FIRE DEPARTMENT (YFD) IM-W12KAA-19427 This agreement, entered into this_day of , 2019, between the Secretary of the Army, acting according to the authority of section 1856a, title 42, United States Code, and the City of Yakima, Washington, a Washington municipal corporation, is to secure for each the benefits of mutual aid for fire prevention, the protection of life and property from fire, firefighting, and other emergency services, to include basic medical support; basic and advanced life support; hazardous material containment and confinement; and special rescue events involving vehicular and water mishaps, and trench, building, and confined space extractions. It is agreed that: a. On request to a representative of Joint Base Lewis-McChord - Yakima Training Center— Fire and Emergency Services (hereafter"JBLM YTC FES") by a representative of the Yakima Fire Department (hereafter"YFD"), firefighting equipment and personnel of JBLM YTC FES will be dispatched, when available, to any point within the area for which the YFD normally provides fire protection as designated by the YFD representative. b. On request to a representative of the YFD by a representative of the JBLM YTC FES, firefighting equipment and personnel of the YFD will be dispatched, when available, to any point within the area for which JBLM YTC FES normally provides fire protection as designated by the JBLM YTC FES representative. c. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance should immediately inform the requesting department if, for any reason, assistance cannot be rendered. d. Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: (1) Any request for aid under this agreement will specify the location and type of emergency to which the equipment and personnel are to be dispatched; however, the amount and type of equipment and number of personnel to be furnished will be determined by a representative of the responding organization. (2) The responding organization will report to the officer in charge of the requesting organization at the location to which the equipment is dispatched, and will be subject to the orders of the official. (3) A responding organization will be released by the requesting organization when the services of the responding organization are no longer required, or when the responding organization is needed within the area for which it normally provides fire protection. (4) If a crash of aircraft owned or operated by the United States or military aircraft of any foreign nation occurs within the area for which the YFD normally provides fire protection, the 4 SUBJECT: W12KAA-19427 JBLM YTC FES & YFD for Mutual Aid Chief of JBLM YTC FES or his or her representative may assume full command on arrival at the scene of the crash. e. Each party hereby waives all claims against every other party for compensation for any loss, damage, injury or death occurring as a consequence of the performance of this agreement, except those claims authorized under 15 U.S.C. 2210. Direct all questions concerning claims to the Installation Agreements Manager, 2008C N. 3' Street, Mail Stop 122, JBLM, WA 98433- 9500. f. The chief fire officers and personnel of both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours consistent with local security requirements and, as feasible, to jointly conduct prefire planning inspections, drills, and training. (1) Whenever either party hosts fire protection training for its own personnel (host department) it may, to the maximum extent practicable and subject to its sole discretion, offer the training to personnel of the other party (guest department). Training will be provided on a space available basis only. (2) To the extent allowable by law and regulation, the host department will not charge the guest department for any training provided pursuant to this MAA. If training costs cannot be covered by the host department, services may be provided subject to existing or agreed upon reimbursement policies and guidance. (3) The guest department or its personnel will be responsible for the payment of any and all logistical costs necessary to attend training provided by the host department, including, but not limited to, lodging, meals, and travel expenses. (4) This MAA is entered into voluntarily by the parties with no obligation on the part of any party to either provide training or to participate in any offered training. (5) The guest department is responsible for ensuring that its personnel observe all rules, regulations, and guidelines for training provided by the host department. Neither party shall hold the other party liable or at fault for damage or injury incurred during joint training activities. g. The parties' Fire Chiefs or designated technical officials shall meet and draft detailed plans and procedures of operation as deemed necessary to effectively and efficiently implement this agreement. Such plans and procedures of operations shall become effective upon ratification by the signatory parties. h. Nothing in this MAA shall obligate either party to expend funds or otherwise obligate either party for the future payment of money in excess of appropriations authorized by law and administratively allocated for the activities associated with this MAA. All equipment used by JBLM YTC FES in carrying out this agreement will be owned by JBLM YTC FES; all equipment used by the YFD in carrying out this agreement will be owned by the YFD; all personnel acting for YFD under this agreement will be an employee or volunteer member of YFD; and all personnel acting for JBLM YTC FES under this agreement will be an assigned personnel of JBLM YTC FES. i. Point of Contact (POC): The following POC will be used by the parties to communicate in the implementation of this MAA. Each party may change its POC upon reasonable notice to the 2 5 SUBJECT: W12KAA-19427 JBLM YTC FES & YFD for Mutual Aid other party and the installation support agreement manager. Notices and demands to modifying this agreement shall be in writing and sent or hand delivered to the parties at their addresses listed below. YTC FES YFD Kevin M. Sullivan, Fire Chief Patrick Reid , Fire DeputyChief 970 Firing Center Rd 401 North Front St Yakima, WA 98901-9347 Yakima, WA 98901 (509) 577-3002 (509) 575-6060 kevin.m.sullivan34.civAmail.mil pat.reid@vakimawa.gov j. Compliance with Law: The JBLM-YTC and the YFD agree to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules and regulations. k. 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. I. 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. m. This agreement shall become effective upon the date of the last signature and shall remain in full force and effect 1) for a period not to exceed five (5) years, or 2) until cancelled by mutual agreement of the parties, or 3) upon the provision of at least sixty (60) days advance written notice from the party desiring to terminate this agreement to the otherparty. In accordance with AR 420-90, Section 2-4(c), this agreement will be reviewed and updated every other year unless terminated prior to said review by one or both parties. Following the five (5) year term, the agreement will automatically terminate. Upon termination a new agreement may be negotiated if the parties choose to do so. For the City of Yakima For the Secretary of the Army Alex Meyerhoff Skye D. Duncan City Manager Colonel, US Army Commanding Date: Date: Attest: Sonya Clear Tee, City Clerk Date: City Contract No: Resolution No: 3