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Home My WebLink AboutRES 06-283 RESOLUTION NO. 06-283 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve and execute a Memorandum of Understanding(MOU)between the Federal Bureau of Investigations(FBI) and the Police Department relating to use of the firearms training facility and funding to repairdamage sustained during Hurricane Rita. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. "'Xia w ��►UMp `�1 M'V� - Mayor Guy N. Goodson - U uee '� ,, MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE BEAUMONT POLICE DEPARTMENT FOR ACCESS AND USE OF THE BEAUMONT POLICE DEPARTMENT RANGE GENERAL PROVISIONS 1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) between the Federal Bureau of Investigation (FBI) and the Beaumont Police Department (BPD), hereinafter referred to as the "parties", is to define the scope of work and responsibilities of the parties concerning the use of the BPD Range located at 4900 Lafin Road, Beaumont, TX 77705, (Premises). It sets forth the agreed upon procedures for management, accountability, direction, reporting, and execution of this MOU. 2. BACKGROUND: The FBI Houston Division, Beaumont Resident Agency(BMRA), has requested permission to use the Premises, which is owned/operated by the BPD to conduct firearms training for its Agents, employees and/or appointees. The FBI will provide Sixty-four thousand five hundred dollars ($64,500.00) for range repairs sustained by Hurricane Rita in 2005 at the BPD Range located at 4900 Lafin Road. The terms and conditions for the expenditure of the afore mentioned funds and for use of the Premises by the FBI are set forth below. 3. AUTHORITY: The FBI is entering into this MOU under the authority provided by 28 U.S.C. 533 and 28 C.F.R. 0.85. 4. SCOPE: This MOU defines the terms and conditions for use of the Premises as agreed upon by the parties as follows: Contingent on the availability of funds through the Defensive Systems Unit(DSU) Quantico, Virginia, the FBI will provide a single funding for range repairs at the Premises fnr riamaaP cnctninPd by T-NnrricanP Rita in ?005 EXHIBIT "A" Contingent on the availability of funds through the DSU, the FBI will provide additional funding as needed for improvements to the Premises. Range construction involving FBI provided funding must receive the concurrence and approval of the Special Agent in Charge (SAC) and the Principal Firearms Instructor (PFI) in the Houston Division. The FBI agrees to provide ammunition for its employees while using the facility and that no firearms or ammunition shall be stored at the facility without the permission of the appropriate BPD official. The FBI acknowledges that its employees shall familiarize themselves with and shall abide by the rules and regulations of the use of the facility. The parties agree that the facility will be for law enforcement training purposes only and will not be open to the general public. The parties recognize, however, that such training may include training sponsored by law enforcement for the general public, as approved by the Chief of Police. The BPD will permit the FBI use of the facility, without charge, on an as needed basis, subject to the BPD having priority use. However, in view of the BPD having priority use, the FBI will be guaranteed a minimum of Ten (10) days per year. The FBI agrees to contact the BPD in advance of their intended usage for scheduling purposes. 5. FUNDING: The FBI hereby agrees to spend a sum of money not to exceed $64,500.00 for range construction as consideration for and in lieu of the FBI paying to the BPD a user fee on those days and dates that the FBI will conduct firearms training at the Premises. The BPD agrees to pay for those utilities that may be situated upon the Premises at the time that the Premises is used pursuant to this MOU, which are reasonably consumed by the FBI during the FBI's use of the Premises. 6. LIABILITY: The parties agree that each party is responsible for the negligent and wrongful acts and omissions by its employees. In addition, the parties agree that should a claim arise under the terms and conditions of the Federal Tort Claims Act(FTCA), Title 28, United States Code, Sections 1346 and 2671 et seq., for the negligent and wrongful act and omission by either parties employee in the performance of assigned duties, the FBI shall be responsible for the investigation and disposition of said claim. The BPD agrees to notify the FBI of any administrative claim arising out of an activity conducted pursuant to this MOU. Nothing in this paragraph prevents any party from conducting an independent administrative review of the incident giving rise to the claim; however, final disposition of the claim will be handled as provided herein. Both parties agree to cooperate fully with one another in the event of an official investigation arising from alleged negligence or misconduct arising from acts related to the use of the range. BPD invectivations will he uoverned by rnrrent RPT) noliry The FRI aureeq. at all times to renair or replace any damage to any real or personal property of the BPD occurring while the Premises is under the control and use of the FBI. The BPD shall not be responsible for any loss of any property or equipment, for any reason or under any circumstances, belonging to the FBI. Nothing herein should be construed as supplanting any applicable statute, rule, or regulation. 7. POINTS OF CONTACT: The FBI and the BPD will assign points of contact (POCs) for this agreement. The POCs will address and resolve all issues related to this agreement. The parties agree to coordinate safety issues,jurisdictional matters, and other issues through their designated POC. 8. SETTLEMENT OF DISPUTES a. Disagreements between the parties arising under or relating to this MOU will be resolved only by consultation between the parties and will not be referred to a local, state, or federal court. b. Issues or problems arising under the MOU that cannot be resolved by POCs may be raised by any party, through appropriate channels, to the FBI 's Field Range Development Program Manager, Mr. Michael E. Thompson at (703) 632-1777, for resolution. 9. GRANT OF LICENSE: The BPD hereby grants to the FBI permission to occupy and use, subject to all the terms and conditions stated or referenced herein, the Premises, including available parking areas. During the performance of this agreement, the FBI agrees to abide by any and all administrative, operational, and safety rules and regulations established by the BPD at all times during the use of the Premises by the FBI. Any breach of any rule or regulation established by the BPD shall result in an immediate termination of use of the Premises and this agreement. 10. AMENDMENT,TERMINATION, ENTRY INTO FORCE,AND DURATION a. All activities of the parties under this MOU will be carried out in accordance with the terms and conditions of this MOU. b. Except as otherwise provided, this MOU may be amended by the mutual written consent of the parties authorized representatives. c. This MOU may be terminated at any time upon the mutual written consent of the parties. In the event the parties consent to terminate this MOU, the parties will consult prior to the date of termination to ensure termination on the most economical and equitable terms. d. Any party may terminate this MOU upon 30 days written notification to the other nartie.s. Riinh notine will he the whiect of immediate con-mItatinn by the narties to deride, upon the appropriate course of action. In the event of such termination, the following rules apply: (1) The terminating party will continue participation, financial or otherwise, up to the effective date of termination. (2) All information and rights therein received under the provisions of this MOU prior to the termination will be retained by the parties, subject to the provisions of this MOU. 11. FORCE AND EFFECT This MOU, which consists of 11 Sections, will enter into effect upon signature of all parties and will remain in effect for thirty(30) years. It may be extended by mutual written consent of the parties' authorized representatives. This MOU is the complete and exclusive statement of agreement between the parties with respect to use of the BPD Range located at 4900 Lafin Road. This MOU supercedes all written and oral proposals and other communications between the parties. All activities of the parties under this MOU will be carried out in accordance with the terms and conditions of this MOU. Nothing in this MOU is intended to create, nor does it create, an enforceable legal right or private right of action. The foregoing represents the understandings reached between the FBI and BPD upon the matters referred to herein. FOR THE FEDERAL BUREAU OF INVESTIGATION Signature Date Special Agent in Charge Houston Division Signature Date Marciann Grzadzinski Supervisory Special Agent Finance Division FOR THE CTTV OF HFATTMONT/RFATTMONT POLICE DEPARTMENT Signature Date Frank C. Coffin Jr., Chief of Police Beaumont Police Department Signature Date Kyle Hayes, City Manager City of Beaumont