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HomeMy WebLinkAboutFederal Bureau of Investigation - 2018-04-25 MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE HUNTINGTON BEACH POLICE DEPARTMENT FOR USE OF THE JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY I. PARTIES A. This Use Agreement is entered into by and between the Federal Bureau of Investigation (FBI) and the Huntington Beach Police Department (HBPD). II. AUTHORITIES A. Authority for the FBI to enter into this agreement can be found at 28 U.S.C. § 533; 42 U.S.C. §3771; and 28 C.F.R. §0.85. The authority for the Huntington Beach Police Department to enter into this agreement can be found in the Huntington Beach Charter Section 613. III. PURPOSE A. The purpose of the Memorandum of Understanding (MOU) is to define the terms of use by the HBPD of the Jerry Crowe Regional Tactical Train Facility (JCRTTF) in Orange County, California. The HBPD ha's requq'�Iedo use of the JCRTTF to conduct training for its personnel. The 131�116' tes the JCRTTF and agrees to allow the HBPD to use the JCRTI tr in purposes on a cost free basis. "a`�=- -- -; F73 rn B. This MOU is not intended, and should not be construed, to create aq� right or benefit, substantive or procedural, enforceable at law or othMvise by any third party against the parties, their parent agencies, the United States, or the officers, employees, agents or other associated personnel thereof. C. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each 1 18-6336/175368/DKO party will be subject to its budgetary processes and tv the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. IV. RESPONSIBILITIES A. The FBI has the exclusive responsibility of managing and administering the use of the JCRTTF. B. Through this agreement, the FBI permits the HBPD to use the JCRTTF on an "as available basis" as determined solely by the FBI. C. The HBPD will ensure that its employees while using the JCRTTF are both legally and medically qualified according to HBPD/POST standards to perform firearms training. D. The HBPD shall ensure that an agency qualified firearms instructor (and/or range master) is present on the firearms range at all times during firearms use. No training shall commence until authorized by the on-site FBI firearms instructor. E. The HBPD shall abide by all FBI range safety protocols. The FBI retains the right to immediately stop any HBPD training at the JCRTTF that the FBI determines to be unsafe or hazardous to the environment. F. The HBPD shall keep a record of all ammunition, including type and quantity, discharged at the facility. The HBPD shall provide a copy of this record to the FBI at the conclusion of each training day. G. The HBPD agrees to be responsible for any damage to JCRTTF facilities caused by any act or omission on the part of HBPD employees. V. LIABILITY A. The HBPD acknowledges that financial and civil liability, if any, for the acts and omissions of its employees remains vested with HBPD. B. To the extent permissible by law, the HBPD agrees to release and discharge the FBI, its personnel, agents, and employees, from any and all 2 18-6336/175368/DKO t'lFn rl'ie'.�da B;«,de s,:. •r _ ., . . .._ .., �d�,,.�ages, rights of action; or causes of actin^; pres�ntt= -�_-• ,-�=-�---_ or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the HBPD's use of the JCRTTF to conduct its training. C. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the FTCA, 28 U.S.C. §1346(b), and §§2671-2680. VI. DURATION A. The term of the MOU shall be three years. The MOU may be terminated at will by any party, provided written notice is provided to the other parties of not less than thirty (30) days. VII. AMENDMENTS A. This agreement may be amended only by mutual written consent of the parties. The modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of the FBI and the HBPD. VIII. EFFECTIVE DATE A. The MOU shall be effective on the date of the last signature. IX. POINTS OF CONTACT A. Special Agent Mike Comella Federal Bureau of Investigation One Magazine Road, Irvine, California 92618 Cell: (949) 795-9405 mcomella(a-fbi.goov B. Lieutenant Bo Svendsbo Huntington Beach Police Department 2000 Main Street, Huntington Beach, California 92648 Cell: (714) 609-3452 gsvendsbo(a)-hbpd org 3 18-6336/175368/DKO C Sergeant Greg Dav s Huntington Beach Police Department 2000 Main Street, Huntington Beach, California 92648 Cell: (714) 916-7542 gdavisCdhbpd.org SIGNATORIES: Date: (Agency Head) Date: Matthew S. Moon Special Agent in Charge Los Angeles Field Office Federal Bureau of Investigation Receive and File '7.QTGailtl.i,R-cu City Cle c ;� 4