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IV. RESPONSIBILITIES <br />A. The FBI has the exclusive responsibility of managing and administrating the use of <br />the JCRTTF, <br />B. Through this agreement, the FBI permits the SAPD to use the JCRTTF on an "as <br />available basis" as determined solely by the FBI. <br />C. The SAPID will ensure that its employees while using the JCRTTF are both legally <br />and medically qualified according to SAPD standards to perform firearms training. <br />D. The SAPD shall ensure that an agency qualified firearms instructor (and/or range <br />master) is present on the firearms range at all times during firearms use. No <br />training shall commence until authorized by the on -site FBI firearms instructor. <br />E. The SAPD shall abide by all FBI range safety protocols. The FBI retains to right to <br />immediately stop any SAPD training at the JCRTTF that the FBI determines to be <br />unsafe or hazardous to the environment. <br />The SAPD shall keep a record of all ammunition, including type and quantity, <br />discharged at the facility. The SAPD shall provide a copy of this record to the FBI <br />at the conclusion of each training day. <br />G. The SAPID agrees to be responsible for any damage to JCRTTF facilities caused by <br />any act or omission on the part of SAPD employees. <br />V. LIABILITY <br />A. The SAPD acknowledges that financial and civil liability, if any, for the acts and <br />omissions of its employees remains vested with SAPD. <br />To the extent permissible by law, the SAPD agrees to release and discharge the FBI, <br />its personnel, agents, and employees, from any and all claims, demands, damages, <br />rights of action, or causes of action, present or future, whether the same be <br />known, anticipated or unanticipated, resulting from or arising out of the SAPD's <br />use of the JCRTTF to conduct its training. <br />C. Congress has provided that the exclusive remedy for the negligent or wrongful act <br />or omission of an employee of the U.S. Government, acting within the scope of his <br />or her employment, shall be an action against the United States under the FICA, <br />28 U.S.C. § 1346(b), and §§ 2671- 2680. <br />