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02/02/2021 04D Mutual Aid Agreement with Yakima Training Center ti i..asxntntj kd d g$Ag x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.D. For Meeting of: February 2, 2021 ITEM TITLE: Resolution authorizing a Mutual Aid Agreement with the Yakima Training Center SUBMITTED BY: Matt Murray, Chief of Police Tory Adams, Lieutenant 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: NA STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type C esolution 1/11/2021 esolution reement 1/11/2 21 retract 2 RESOLUTION NO. R-2021- 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 2nd day of February, 2021. ATTEST: Patricia Byers, Mayor Sonya Claar-Tee, City Clerk 3 YTC 20-16 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, 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. 1. TERM This license is granted for a term of one year, beginning 1 SEPTEMBER 2020 and ending 31 AUGUST 2021, 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. 4 (2) In addition to the charges set forth above, the United States will impose a 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 All notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to YAKIMA POLICE DEPARTMENT, 200 3rd St., Yakima, WA 98901. POC, Lieutenant Tory Adams, Phone: 509-728-8297, Email: tory.adams@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 shall 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 to the 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 property 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. d. 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 5 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 (OIC) 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 for 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 (UXO) awareness training prior to entry onto the installation. Training is located at the following link: http://www.lewis-mcchord.army.mil/safety/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_day of 2020. Mike K. Barton Real Property Officer Joint Base Lewis-McChord THIS LICENSE is also executed by the grantee this_day of 2020. Signature Robert Harrison, Yakima City Manager 6