HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION (FBI) (4)_ Return ORIGINAL
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M-30 N-2021-142
;�a MEMORANDUM OF UNDERSTANDING
Between the
FEDERAL BUREAU OF INVESTIGATION and the CITY OF SANTA AN,
on behalf of the Santa Ana Police Department
For Use of the
JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY
PARTIES
A. This Use Agreement is entered into by and between the Federal Bureau of
Investigation (FBI) and the City of Santa Ana ("City") on behalf of the Santa Ana
Police Department.
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 City to enter
into this agreement can be found pursuant to Section 421 of its City Charter.
III. PURPOSE
A. The purpose of this Memorandum of Understanding (MOU) is to define the
terms of use by the Santa Ana Police Department ("SAPD") of the Jerry Crowe
Regional Tactical Training Facility (JCRTTF) in Orange County, California. The
SAPD has requested use of the JCRTTF to conduct training for its personnel. The
FBI operates the JCRTTF and agrees to allow the SAPD to use the JCRTTF for
training purposes on a cost free basis.
B. 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, 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 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
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 administrating the use
of the JCRTTF.
B. Through this agreement, the FBI permits the SAPD to use the JCRTTF on an "as
available basis" as determined solely by the FBI.
C. The SAPD will ensure that its employees while using the JCRTTF are both legally
and medically qualified according to SAPD standards to perform firearms
training.
D. The SAPD 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 SAPD shall abide by all FBI range safety protocols. The FBI retains the right
to immediately stop any SAPD training at the JCRTTF that the FBI determines to
be unsafe or hazardous to the environment.
The SAPD shall keep a record of all ammunition, including type and quantity,
discharged at the facility. The SAPD shall provide a copy of this record to the FBI
at the conclusion of each training day.
G. The SAPD agrees to be responsible for any damage to JCRTTF facilities caused by
any act or omission on the part of SAPD employees.
V. LIABILITY
A. The SAPD acknowledges that financial and civil liability, if any, for the acts and
omissions of its employees remains vested with SAPD.
B. To the extent permissible by law, the SAPD agrees to release and discharge the
FBI, its personnel, agents, and employees, from any and all claims, demands,
damages, rights of action, or causes of action, present or future, whether the
same be known, anticipated or unanticipated, resulting from or arising out of the
SAPD'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
VII.
A. The term of the MOU shall be for 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.
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
SAPD.
VIII. EFFECTIVE DATE
A. This MOU shall be effective on the date of the last signature.
IX. POINTS OF CONTACT
A. Special Agent Candace Corte
Federal Bureau of Investigation
One Magazine Road, Irvine, California 92618
Cell: (714) 673-2666
cecorte@fbi.eov
B. Sergeant Garry Couso
Santa Ana Police Department
60 Civic Center Plaza, Santa Ana, California 92701
Phone: (714) 245-8050
N-2021-142
SIGNATORIES:
Date:
KRISTINE RIDGE
City Manager
Date:
Alexander R. Arroyo
Acting Special Agent in Charge
Los Angeles Field Office
Federal Bureau of Investigation
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By
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TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
D ALENTIN
Chief of Police