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3. AUTHORITY: The FBI is entering into this MOA under the authority provided by 28 <br />U.S.C. §§ 533, 530(C) and 28 C.F.R. § 0.85. <br />4. SCOPE: This MOA defines the terms and conditions for funding by the FBI of expenditures <br />incurred by the SAPD in equipping the task force with wire room equipment and is agreed upon by <br />the parties as follows: <br />Contingent on the availability of funds through the FBI Los Angeles Field Office, <br />Criminal Investigations Division, the FBI will provide funding to the SAPD for equipment <br />for the SAGTF. <br />The following are expenditures, submitted through invoices from the SAPD to the FBI for <br />the equipment provided for use by the SAGTF: <br />ITEM <br />QUANTITY <br />QUANTITY <br />UNIT <br />TOTAL <br />REQUESTED <br />APPROVED <br />PRICE <br />Equipment to be <br />See Attached. <br />purchased (detailed <br />information required) <br />Shipping <br />Total <br />$150,000.00 <br />5. FUNDING: The FBI hereby agrees, assuming funds are made available, to reserve within its <br />financial management system a sum of appropriated funds not to exceed $150,000.00. These <br />reserved funds will be provided to the SAPD for the planning, development, and execution of the <br />wire room equipment provided for use by the SAGTF. The SAPD shall retain ownership of the <br />equipment and all subsequent support and repairs shall be borne by the SAPD and not by the FBI. <br />The execution of a purchase and maintenance agreement is contingent upon the appropriation of <br />funding by the City Council for this purpose. <br />6, LIABILITY: The parties agree that each party is responsible for the negligent and wrongful <br />acts and omissions by its employees. In addition, the parties agree that should a claim arise under <br />the terms and conditions of the Federal Tort Claims Act (FTCA), Title 28, United States Code, <br />Sections 1346 and 2671 et seq., for the negligent and wrongful act and omission by either party's <br />employee in the performance of assigned task force duties, the FBI shall be responsible for the <br />investigation and disposition of said claim. Nothing herein should be construed as supplanting any <br />applicable statute, rule or regulation. <br />7. POINTS OF CONTACT: The FBI and the SAPD will assign points of contact (POCs) for <br />this agreement. The POCs will address and resolve all issues related to this agreement. The parties <br />agree to coordinate liability issues, jurisdictional matters, and any other issues through their <br />designated POC. <br />