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Indianapolis Division of FBI/Police/Memorandum of Understanding/Reimbursement of Expenses for Use of CPD Range MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE FBI INDIANAPOLIS DIVISION AND CARMEL POLICE DEPARTMENT (CPD) CONCERNING USE OF THE CPD RANGE AND stt REIMBURSEMENT OF EXPENSES ✓AO A. PURPOSE This Memorandum of Understanding (MOU)constitutes a professional service and/or shared-use agreement between the Federal Bureau of Investigation Indianapolis Division ("FBI") and the Carmel, Indiana Police Department ("CPD"), wherein the CPD will make available to the FBI its firearms range and accompanying training center ("Facility") for firearms and related law enforcement training as described below. As used in this MOU, the term "Parties"refers to both the FBI and CPD. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the Parties, their parent agencies, the United States of America, the State of Indiana, or the officers, employees, agents, or other associated personnel thereof. B. AUTHORITY TO ENTER INTO MOU The FBI has authority to enter into this MOU pursuant to 28 U.S.C. § 533,42 U.S.C. § 377I,and 28 C.F.R. § 0.85, as well as applicable United States Attorney General Guidelines. C. BACKGROUND INFORMATION CPD operates a law enforcement training facility,including a firearms range located at 9609 Hazel Dell Parkway,Carmel,Indiana. The FBI has operational responsibilities for maintaining firearms proficiency of its Special Agents and other personnel assigned to its Indianapolis field office. The FBI also tests and evaluates firearms and ammunition for research purposes and for acquisitions and use by its workforce. D. SCOPE Contingent on the availability of funds, the FBI will provide funding on a reimbursable basis for upgrades and enhancements to the Facility, which is owned and operated by CPD. Specifically, the FBI will reimburse CPD up to $52,000 toward necessary repairs, improvements, and/or modifications done to the Facility's berm to ensure that the Facility is in compliance with EPA regulations. All upgrades and enhancements to the Facility funded, in whole or in part, under this MOU, will belong to CPD. All expenditures or reimbursements by the FBI will be subject to its respective budgetary and fiscal processes and availability of funds pursuant to all regulations, laws, and policies applicable hereto. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. 1 E. SPECIFIC RESPONSIBILITIES CPD agrees to allow the FBI full use of the Facility located at 9609 Hazel Dell Parkway, Carmel, Indiana, to conduct regular and specialized firearms training, special weapons and tactics ("SWAT') training, and related demonstrations and events, together with necessary rights of ingress and egress to the Facility. CPD agrees to give the FBI use of the Facility for no less than 45 days per calendar year. CPD will be responsible for maintenance of the Facility,including any improvements and additions. As soon as practicable upon the execution of this MOU,and prior to January 1 of each successive year for which this MOU remains in force and effect, the Parties will schedule the FBI's usage of the Facility. Training days assigned to the FBI will be equally distributed throughout the calendar year of not less than two days per quarter of a calendar year,or eight days per calendar year. FBI's use of the Facility shall be approved in writing by the CPD's senior firearms instructor, with the FBI being given scheduling preference over all other outside agencies and CPD retaining first priority. The days and times assigned to the FBI at the Facility are for the FBI's use only. CPD will have unlimited access to the Facility at any time. Requests by the FBI for scheduling and scheduling changes will be made to an appropriate official designated by the CPD for consideration consistent with the terms of this MOU. The FBI will use reasonable care in its use of the Facility and shall be responsible to the CPD for conducting all activities in a safe and prudent manner so as not to endanger others while using the Facility. The FBI shall return the Facility to the CPD after each use in the same condition as before its use, except for reasonable wear and tear. If it cannot do so, the FBI agrees to notify the CPD immediately and assume financial responsibility to the CPD for any necessary repairs. The CPD has no obligation to staff the Facility during FBI use. The FBI will provide all ammunition for its employees, agents, or invited guests while using the Facility. No FBI firearms or ammunition will be stored at the Facility when the FBI is not present without the permission of the appropriate CPD Point of Contact. The FBI acknowledges that its employees, agents or invited guests are responsible for becoming familiar with, and abiding by, the rules and regulations regarding their conduct on, and use of, the facility. CPD 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 9601 et seq.) and other contaminants on or from the premises,unless such releases are solely from the activities of the FBI. CPD 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 from the activities of the FBI. 2 F. ,EFFECT OF THIS MOU Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable 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. This MOU does not constitute an agreement for any party to assume or waive any liability or claim under any applicable law. Nothing in this MOU is intended to conflict with current law, regulations or directives of the FBI or the CPD. If a term of this MOU is inconsistent with any such authority, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. 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). This agreement is not intended to be enforceable in any court or administrative forum. The parties will seek to resolve any disputes regarding this MOU by mutual consultation. Nothing herein should be construed as supplanting any applicable statute, rule,policy,or regulation. C. SUPERVISION/ACKNOWLEDGEMENT OF RISK All persons being trained by the FBI, or at the Facility at the request or invitation of the FBI, will be at all times under direct supervision of authorized FBI instructors. The FBI, as an agency of the United States Government, is self-insured and claims for personal injury or property damage against the FBI may be submitted,pursuant to the terms and conditions of the Federal Tort Claims Act (28 U.S.C. § 1346(b), 2671-2680), for alleged negligent or wrongful acts of FBI employees acting in the scope of their employment during the use of the Facility. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any,arising from the conduct of personnel involved in FBI training at the Facility. The CPD shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint,discovery request,or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel involved in FBI training at the facility. The CPD acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee involved in FBI training remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer involved in FBI training at the Facility, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 3 Liability for any conduct by personnel involved in FBI training at the Facility undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. H. EFFECTIVE DATE,ADMINISTRATION AND TERMINATION This MOU shall be effective when executed by all of the parties and will continue in effect until terminated or for a period of fifteen (15) years. This MOU will be reviewed every three (3) years may be modified at any time by written consent of all parties. This MOU shall replace and supersede any previous MOUs,agreements,or memorandums of agreement(MOAs)between the FBI and CPD concerning use of the Facility. This MOU may be terminated, with respect to any party, at any time upon written notice of withdrawal to all other parties. Any party desiring to withdraw from this MOU will endeavor to provide such written notification to all parties at least thirty(30)days prior to withdrawal. It may be extended by mutual written consent of the parties' authorized representatives. I. FORCE MAJEURE Neither the FBI nor CPD shall be deemed in default of the terms herein if one or both of the Parties is prevented from performing any of the obligations by reasons of acts of God, acts of the public enemy,acts of the government, sabotage, or any other circumstances for which one or both of the Parties are not responsible or circumstances outside of one or both of the Parties' control. J. FUNDING This MOU is not an obligation of funds, commitment of funds,or a basis for the transfer of funds. Any obligation of funds, commitment of funds,or basis for the transfer of funds must be agreed to in writing by the Parties, and all obligations of expenditures and expenditures by the Parties will be subject to the Parties' respective budgetary and fiscal processes, as well as the availability of funds. The Parties acknowledge that there is no promise or guarantee that funds will be available in future years. K. ENTIRE AGREEMENT The Parties agree that this MOU constitutes the entire agreement between the Parties. 4 SIGNATURE PAGE FEDERAL BUREAU OF INVESTIGATION .0-%; /44 // Icy Bra ey rant Mendenhall Date Special Agent in Charge FBI Indianapolis Division FBI Contracting Official Date CARMEL POLICE DEPARTMENT Contracting Official Date City of Carmel 5 Approved and Adopted this day of / V01/ , 20/ 9. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: ames Brainard, Presiding fficer Date: C � /� )717 -* ;e '. 4A4 Mary Burke, Me er l 1 Date: `` Lori S. Wats , e ber Date: t\ h1 1 ATTEST: Christine uley, Clerk-Tr surer 4/7Date: