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HomeMy WebLinkAboutRES 18-189RESOLUTION NO. 18-189 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) relating to the access and use of the Beaumont Police Department Firearms Training Facility. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2018. i - M or Becky Ames - MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE BEAUMONT POLICE DEPARTMENT CONCERNING THE ACCESS AND USE OF THE BEAUMONT POLICE DEPARTMENT FIREARMS TRANINING FACILITY I. P OSS I a. The purpose of this Memorandum of Understanding (MOM between the Federal Bureau of Investigation (FBI) and the Beaumont Police Department (BPD), hereinafter referred to as the "Parties,": i=ts (1) define the scope and responsibilities of the Parties concerning thqltse.:of the BPD Firearms Range (hereinafter `facility"), located at 4p0 LRgad, Beaumont, TX 77705; and ,. (2) allow the Parties to conduct regular Qpeaia:lized firearms training, special weapons and tactics (hereinafter training',.' -pig related demonstrations and events. - :•''•.'y' ..thee; •` b. This MOU is not intended, ani fiWd not be construed, to create any right or benefit, substantive or procedural;`orceable �#_ law or ot�ie�e among or against any of the patties, their pai�rit.,afiaxes, the Unified 'Ites, or the offteers, employees, ag ri#s, or other AM)b1ated personnel therein£ 2. PARTS .,':;.:::, '•'.:"=;> a. This MemgrWn of Undjtanding?.IQJ) is ere -ed into by the Federal Buren bf �` Department (BPD) u : Ii3W ghtion (FBI):ar}d th '? .,;aum Polxde De ar (hereiraf or, "the<Yaes„) ` Liston Division, FBI, is responsible for , and has designated the Administrative this purpose. G;Y The Chid.Af Polio ?.�-PD, is responsible for administering this agreement for the 'r BPD Fire �a *4— ang', ... , as the BPD's paint of contact. -,;.- 3. AU3M ii-aks The FBI enters into tfii.. T .---a— der the authority provided by 28 U,S.C. 530C. 4. BACKGROUND 1NFQRMATTOIV BPD owns and operates a law enforcement training facility, including a firearms range at 4900 Lafin Road, Beaumont, TX 77705. The FBI has operational responsibilities for maintaining firearms proficiency of its Special Agents and other personnel assigned to its Houston, TX field office and assigned to FBI facilities on Beaumont Resident Agency. The FBI also tests and evaluates firearms and ammunition for research purposes and for acquisitions and use by its workforce. EXHIBIT "A” t S. SCOPE This MOU defines the terms and conditions for the provision of Rmding, upgrades, and enhancements to the Facility contemplated by the Parties as follows: a. The BPD will permit the FBI use of the facility, without charge, on an as needed basis, subject to BPD having priority use. However, in view of the BPD having priority use, the FBI will be guaranteed a minimum often (10) days per year. The FBI agrees to contact the BPD in advance of their intended usage for scheduling purposes. b, Contingent on the availability of funds through.,.FMSD, the FBI will provide funding as needed for repairs and improveme:t,:�©'the Facility. G. Facility construction involving the FJ3I V44—Jimding must receive the concurrence and approval of the SAGS erfie Ml}. if 1p_ the Houston Division. d. All upgrades and enhancements t�A V— acility funcl� ,� vsrhole or in pari under this MOU, will belong to t. 6. SPECIFIC R gPON TUXLIT%FS a. The FBI acknowledges:.its employees--;`a-gents, or invited guest are m responsible for becouig _rfax.with, and=ding by, the rules and regulations regarding their conduct oiX;'and us6'.bl, :the facility– b. The FBI.Vide all ag tion 3.zfizaxp16e_; agents, or invited guests While-Wig9,the I ac .Iity. No firo ``aims oz�i our nition will be stored at the E;...:;. 4 ;,.. � Facility? .hen the 1.,is not presentwithout the permission of the appropriate BPD Po 3zi , Conte. C. j es agree: tfi `-66e tbi ky wM:1 p for law enforcement training purposes `tiril +Mill not l .,open to tT iv ,.4 il� ublic. The parties recognize, however, that sncl- i- %ria ;iunclude tidi�dg sponsored by law enforcement for the general pubfii �r4. d."� e BPD will l f the 6lB use of the facility, without charge, on an as needed = t'.r L bas, subject to B?_, having priority use. The FBI shall have access to the FaciTilj_ , or a miri?t um of ten (10) work days per year. However, the good faith failure li; „either PFty to meet the minimum day requirement shall not be deemed a def-ault'oji by either Party. The parties shall meet on a scheduled basis to be deterni%od, but: not less than quarterly, and agree on a tentative schedule. for FBI usage. Training days assigned to the FBI•willbe equally distributed throughout the year to prevent long periods of unavailability of the Facility during periods of high demand. FBI use of the facility shall be approved in writing by the appropriate scheduling point of contact, with FBI being given scheduling preference over all other law enforcement agencies, Facility use and range days assigned to the FBI are for the FBI's own use exclusively. BPD range personnel will have unlimited access to the Facility at any time, provided that such access does not unduly interfere with the FBI's training efforts during its scheduled use. Requests by the FBI for scheduling changes will be made to the 2 7. designated scheduling POC for consideration with the use provisions of this MOU. e. BPD shall be responsible for all releases of hazardous. substances (as defined by the Comprehensive Environmental Response Compensation and Liability Act, Title 41, U.S.C. Section 9641 et seq.) and other contaminants on or from the premises, unless such releases are solely from the activities of the FBI. BPD shall take all reasonable measures to avoid such releases, and as operator of the premises, shall indemnify and hold harmless the FBI for any liability related to compliance with environmental requirements described herein, unless failure to comply with such requirements arises solely frcAe activities of the FBI. rr e, electrics water, and f. BPD agrees to provide and pay for those tilit� �( g., electricity, , sewer) that may be reasonably consug the FBI's use of the Facility during the term of this agreegntPD a to be responsible for all operations and maintenance costs4. 1- Facility. � ds provided under this agreement will be used excius>sO;'�r the purposes Be in this agreement and will not be used to support operations or admin`{n unrelated to this agreement, g.The FBI will exerciser. ;sonable due ca}a,hts'use of the Facili fiai�d shall be responsible to BPD f` yf_ Ming all actites in a safe and prudent manner so as not to endanger oth line, PD prop; .,The FBI shall return the g ��.. Facilityto the same cord io as �p� eats use, Q-'ft t for reasonable' wear and War. If thannot retue Faci1% ch cb$ion due to acts of �.0 PON negli '.o i,q by FB` 1o,'e ae - guests, it agrees to imm .611 notify t dppropr`i point b intact and will negotiate an appro%af ons�ncludin cial responsibility,for needed repairs as p � J N. g �,� `jointly det � ed��l�� �;��arties urt�r the terms of this agreement for the ` nti o� 't�'rRI - .� no tE ement or obligation to staff the Facility W"S" dunndule ` use. ''r''� a. �VIOU is ntyu obligation or commitment of funds, nor a basis for trains' r. of fun i4it rather is -a basic statement of the understanding between the p 'soft atters described herein. Expenditures by each party Will be subject( f. 'a"je'tary processes and to the availability of funds and resources piksuazit to, licable laws, regulations, and policies. The parties expressly acknowledge that the language in this MOU in no way implies that funds will be made available for such expenditures. b. This MOU does not constitute an agreement for any party to assume or waive any liability or claim under any applicable law. C. Nothing in this MOU is intended to conflict with current law, regulations or directives of the FBI or BPD. If a term of this MOU is inconsistent with any such authority, then that term shall be invalid, but the remaining terms and 3 8. I conditions of this Agreement shall remain in full force and effect. d. The FBI, as an agency of the United States Government, is self-insured. United States Government liability for claims for personal or property damage, including death, caused by the negligent or wrongful acts or omissions of FBI employees acting within the scope of their employment is determined under the terms and conditions of the Federal Tort Claims Act (28 U.S.C., Sections 1346(b) and 2671, et seq.). Appropriate claims and judgments against the United States, to include claims made under the Federal Tort Claims Act, are paid out of the Judgment Fund (31 U.S.C., Section 1304), e. This agreement is not intended to be enforcany court or administrative �. . forum. The parties will seek to res glveButes regarding this agreement by mutual consultation. FECTUT' DAYE APARMS 11'. a. This agreement shall be effeeMbom the date of sign in� j3PD and FBI organizations and shall remain e,.(*,g for xkf jod of twee 0) years. It will be renewed automaUE&Uy at expirattti oria : Mod of three ye mess Twelve if• months termination $s provided 1�er party. This agreement maybe tin modified at any timel",, FIG. consent off.pparties. This agreement is a replacement of the priof gree b. This MQU* y be termiri d, wit}i 0 Q to an at any time upon wring ke=q .thdrawa°o-all�o�orp'` An party desiring to withdraw ��• a: s frori ' MOU '� -Tndeavo-MR ' ' o'vide suc ' tten notification to all parties at leas; days -0{, r to withc a�?val, Beaumont, Date Perrye K. Turner `'Y`itx_ �fisi,.n> �_ ;, Date Special Agent in Charge'; NT Houston Division Federal Bureau of Investigation 4