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e .' �� UNITED STATES MARINE CORPS
`� U.S. MARINE CORPS FORCES
IIII SPECIAL OPERATIONS COMMAND
PSC BOX 20116
stinsa CAMP LEJEUNE, NORTH CAROLINA 28542-0116
IN REPLY REFER TO
3307
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
U. S . MARINE CORPS FORCES, SPECIAL OPERATIONS COMMAND (MARSOC)
AND
[THE CITY (or COUNTY) OF and THE CITY POLICE DEPARTMENT
(or COUNTY SHERIFF' S DEPARTMENT) ]
1 . Purpose . The purpose of this memorandum is to memorialize
the approval by the municipal leadership of the [City or County
Name and Law Enforcement Agency Name] for MARSOC to conduct
training in [city / county name] . MARSOC requests that the
[city / county name] grant MARSOC the authority to periodically
conduct required training within the city/county. All such
training will be coordinated under the guidelines set forth in
this agreement . All personnel involved in these exercises will
be consenting military personnel, government civilian workers,
or contractors; no private citizens will be part of or involved
in the training exercises in any manner.
2 . Approval . The [City or County Name and Law Enforcement
Agency Name] hereby agrees to permit members of MARSOC (to
include all military, civilian and contractor support personnel)
to conduct military training, to include [surveillance, advanced
communications, raid, reconnaissance, Convoy, Foot Movement of
troops and Equipment, Drop Zone, Landing or Pick up Zone, other
helicopter operations, and other required training necessary to
develop special operations skills, within the boundaries of
[city / county] City, State . Training and informal meetings will
be restricted specifically to commercial/restaurant and public
gathering areas of the above stated city and will not involve
direct contact with the local populace . Any training to be
conducted on private property in the above mentioned city will
be coordinated with and approved by the property owners
involved. This approval is subject to the following:
a. This MOU becomes effective upon execution by the [City
or County Name and Law Enforcement Agency Name] and MARSOC and
will run for three (3) years from the date of execution of the
Page 1 of 5
MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND [THE CITY (or COUNTY) OF
and THE CITY POLICE DEPARTMENT (or COUNTY SHERIFF'S DEPARTMENT) ]
last signing party unless sooner terminated under the provisions
of paragraph 7 (b) . This MOU recognizes that MARSOC intends to
conduct training in the [city / county name] on multiple
occasions over that time period. Prior to conducting any
training, MARSOC will provide advance written notice to civilian
leadership and law enforcement officials . The notice will
include current contact information, training personnel points
of contact, type of training to be conducted, areas to be
utilized during training and dates of intended usage (see
enclosures (1) and (2) ) . The information will be provided in
order to give the [city / county name] the maximum possible
visibility over training and to provide notice to law
enforcement activities of our presence in the area. Every
effort will be made by MARSOC to provide written notice at least
thirty (30) days in advance of any training in order to allow
sufficient time for both parties to mutually resolve any
outstanding issues and address any concerns . During the conduct
of any training, MARSOC will conduct daily liaison with the
designated law enforcement personnel .
b. MARSOC shall not knowingly use any commercial/public
gathering areas in any unlawful way.
c. 31 U. S .C. Sect. 1341, "The Anti-Deficiency Act",
prohibits open-ended indemnification and "hold harmless
agreements" by the U. S . Government . However, sovereign immunity
is waived if any damages do occur, in order to hold the federal
government liable . The U. S . Government is responsible, under
the terms of the Federal Tort Claims Act (FTCA) , 28 U. S .C.
1346 (b) , 2671-2680, or the Military Claims Act (MCA) 10 U. S .C.
2733, as applicable, for any injury to persons or damage to
property proximately caused by acts or omissions of Government
employees acting within the scope of their employment . The
FTCA, and supporting case law, provides several means of
recovery for negligent acts of Government personnel . The
injured party may submit a claim directly against the U. S .
Government; a defendant may implead the U. S . Government as a
third-party tortfeasor; or a defendant may later pursue the U. S .
Government in a separate indemnity action or claim submission,
for any amounts paid to the injured party due to negligence of
the U. S . Government . A perfected claim requires a completed U. S .
Government Standard Form 95 and proof substantiating the claimed
amount . Other documentation may be required on a case by case
basis . Claims packages may be submitted to the below offices by
email, fax, or standard mail . For required documents, see
http: //www. jag. navy.mil/organization/code 15 packets forms .htm.
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MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND [THE CITY (or COUNTY) OF
and THE CITY POLICE DEPARTMENT (or COUNTY SHERIFF'S DEPARTMENT) ]
Claims packages may be submitted to the Camp Lejeune/Camp
Pendleton [location is dependent on whether the city/county is
on the east coast or west coast, not location of the Unit
training] Office by standard mail .
Commanding General
LSSS-E (Claims)
PSC Box 20005
MCIEAST-MCB
Camp Lejeune, NC 28542-0005
[or]
AC/S, STAFF JUDGE ADVOCATE
ATTN: CLAIMS AND INVESTIGATIONS
Box 555023
Camp Pendleton, CA 92055-5023
3 . For all training exercises, MARSOC, via the officer in
charge (OIC) of the exercise, will ensure that local law
enforcement is informed of all areas, times and dates that will
be utilized for training. All activities conducted at these
venues will be appropriate for the intended training objective .
Additionally, MARSOC staff will embed a liaison element within
the [LEA name] that will notify the requisite elements of the
[LEA name] of any activity within each district . MARSOC
instructors will either be on site or in the vicinity of
training in order to critique training as well as function as an
on-site liaison to ensure training is conducted in accordance
with this agreement . In the event a situation presents itself
involving local law enforcement, an Exercise Participant Card
will be provided that includes contact information of the MARSOC
leadership responsible for the training and the MARSOC Public
Affairs Office . The [LEA name] will intervene and act as they
deem necessary to handle and resolve any situation.
4 . Unless otherwise agreed upon in writing, MARSOC training
activities in the [city / county] will be low-impact and low-
visibility. MARSOC activities are not likely to attract undue
attention nor should the conduct of activities alert any
civilians/members of the establishment who are in the immediate
area. In the event that a civilian/non-law enforcement official
or uniformed member of local law enforcement approach and begin
to question any personnel conducting training about their
activities, the personnel conducting training will provide an
Exercise Participant Card and Military Identification Card. The
personnel conducting training will contact their OIC in any
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MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND [THE CITY (or COUNTY) OF
and THE CITY POLICE DEPARTMENT (or COUNTY SHERIFF'S DEPARTMENT) ]
situation where civilians or law enforcement personnel intervene
in the training. In this instance, all personnel conducting
training will comply with instructions from local law
enforcement officials and will immediately inform their OIC.
5 . Prior to the start of the exercise, MARSOC members will
receive classes and be thoroughly briefed on the safety plan and
rules of training. No personal vehicles are authorized for use
by the Marines conducting this training. Tactical vehicles,
Rental and/or government plated vehicles consisting of sedans,
mini-vans, and sport utility vehicles will be utilized during
this training.
6 . MARSOC personnel conducting training will not conduct
concealed carry of firearms at any time during training. MARSOC
personnel will not conduct open carry of firearms, simulated
firearms, or pyrotechnic devices during the course of active
training in [city / county] without advance notice to [city /
county] .
a. "Active training" does not include transportation of
weapons between training locations .
b. MARSOC may be permitted to carry firearms, simulated
firearms, or pyrotechnic devices on a case-by-case basis . In
such instances, MARSOC will provide a description of the desired
activity to the [city / county] in the required notification
letter at least four weeks prior to commencement of the
exercise . MARSOC will coordinate with City/County Law
Enforcement detailing the starting and ending point of each
movement, time of movement, activities to be exercise,
make/model/license plate of vehicles, and number of personnel
executing activity. The [city / county] maintains the right to
refuse to permit the desired activity. Any refusal will be
provided by [city / county] in writing in response to the
notification within two weeks following receipt of the
notification for the exercise .
7 . All MARSOC personnel will be in civilian attire or military
uniforms; however, they will be able to produce an Exercise
Participant Card and a government identification card at all
times . All MARSOC personnel conducting training and exercise
staff will obey all traffic laws and posted speed limits . At no
time will MARSOC personnel engage in any activity that will put
themselves or others in danger, and they will obey all orders
from civilian law enforcement agencies . The training exercise
will culminate when all exercise participants have departed the
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MEMORANDUM OF UNDERSTANDING BETWEEN MARSOC AND [THE CITY (or COUNTY) OF
and THE CITY POLICE DEPARTMENT (or COUNTY SHERIFF'S DEPARTMENT) ]
[city / county] area. The MARSOC OIC will notify the [LEA name]
upon completion of the exercise . The MARSOC OIC will provide
the [city mayor/ county] Office a signed copy of this document
and a copy of the notification for each training event for the
record.
8 . Modification or Termination
a. Modifications to this MOU must be in writing and signed
by authorized representatives of the [city / county name] and
MARSOC. The representative for MARSOC can be contacted at
MARSOC ATTN: Office of the Staff Judge Advocate, PSC Box 20116
Camp Lejeune, NC 28542-0116; or via phone at 910-440-0928 .
The representative for the office of the [city mayor/ county]
can be contacted at [city / county POC Info] or via phone at
[city / county POC phone] , and via email at [city / county POC
e-mail] .
b. This MOU shall remain in effect for three (3) years from
the date of execution of the last signing party. Both the [city
/ county name] and MARSOC retain the right to terminate this MOU
at any time, with ninety (90) days written notice to the other
party, for any reason.
JOHN J. FITZGERALD [City/County Official' s Name]
Deputy Chief of Staff, MARSOC [Signatory' s Official Title]
[City or County Name]
Date : Date :
[LEA Official' s Name]
[Signatory' s Official Title]
[LEA Name]
Date :
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