HomeMy WebLinkAboutR-2019-108 Mutual Aid Agreement Between Department of the Army and Yakima Fire DepartmentRESOLUTION NO. R-2019-108
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 19th day of November, 2019
ATTEST
(e6yeA
Sonya Claarytee, City Clerk
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
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
D esolution 11//2019
11/5/2019
D ntract
Type
ergo
ergo
DEPARTMENT OF THE ARMY
MUTUAL AID AGREEMENT (MAA)
CITY OF YAKIMA FIRE DEPARTMENT (YFD)
I M-W 12KAA-19427
This agreement, entered into this b44' day of T .r oca r y , 2020, 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.
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SUBJECT W12KAA-19427 JBLM YTC FES & YFD for Mutual Aid
(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 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 Toss, damage, injury or death occurring as a consequence of the performance of
this agreement, except those claims authorized under 15 U.S.0 2210. Direct all
questions concerning claims to the Installation Agreements Manager, 2008C N 3rd
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.
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SUBJECT W12KAA-19427 JBLM YTC FES & YFD for Mutual Aid
(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 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.F.ES
YFIJ : -
Kevin M. Sullivan, Fire Chief
970 Firing Center Rd
Yakima, WA 98901-9347
(509) 577-3002
kevin.m.sullivan34.civ(a mail.mil
Aaron Markham, Fire Chief
401 North Front St
Yakima, WA 98901
(509) 575-6060
aaron.markhamtc'�i yakimawa.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.
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SUBJECT* W12KAA-19427 JBLM YTC FES & YFD for Mutual Aid
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 other party. In accordance with AR 420-1, paragraph 25-9, e(2), 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
Date*
Attest:
CM
Sonya-Claar_Tee., City Clerk
Date \ 2-4—(
City Contract No ‘2.0o -17S
Resolution No R --r;2oFf-/OF3
4
For the Secretary of the Army
Skye D. Duncan
Colonel, US Army
Commanding
Date
(, TAtf2