HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION (FBI) -2013AUG-72013
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RELEASE AND TERMS OF USE AGREEMENT BETWEEN FEDERAL BUREAU OF
INVESTIGATION AND CITY OF SANTA ANA RE USE OF THE FBI LIVE-FIRE
SHOOT HOUSE
This Release and Terms of Use is entered into by the Santa Ana Police Department and the
Federal Bureau of Investigation (FBI). The Santa Ana Police Department has requested the use
of the live-fire shoot house located at El Toro FBI Counter-Terrorism Training Center, 1
Magazine Road, Irvine, California, which is owned by the Federal Bureau of Investigation
(hereinafter "the Premises"), for purposes of conducting training for Santa Ana Police
Department personnel. The FBI agrees to allow the Santa Ana Police Department use of the
Premises for the sole purpose of conducting the training beginning July 24, 2013 and ending July
23, 2014. The Santa Ana Police Department acknowledges that the training is in no way
associated with the United States Government or the FBI, that all equipment and property used
during this training is the property of the Santa Ana Police Department, and that no FBI
personnel will participate in any manner in the training.
To the extent permissible by law, the Santa Ana Police Department agrees to release and
discharge the United States and the FBI, its personnel, agents, and employees, from any and all
claims, demands, damages, rights of action, or cause of action, present or future, whether the
same be known, anticipated, or unanticipated, resulting from or arising out of the Santa Ana
Police Department use of the Premises to conduct the training.
To the extent permitted by law, the Santa Ana Police Department further agrees to indemnify and
hold harmless the United States and FBI from any claim for personal injury or property damage
which may occur directly or indirectly as a result of the acts or omissions of its employees during
and in connection with the training at the Premises.
ATTEST:
MARIA HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: CJ\UM A-
Laura A. Rossini, Assistant City Attorney
FEDERAL BUREAU OF INVESTGATION
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CITY O? SANTA ANA
KEVIN O'ROURKE
Interim City Manager
RECOMMENDED FOR APPROVAL-
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CARLOS ROJAS, Acting Chief of Police
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1??MNITY AND HOLD HARMLESS AGREEMENT BETWEEN FEDERAL BUREAU
OF INVESTIGATION AND CITY OF SANTA ANA RE USE OF THE FBI SHOOTING
RANGE
Date of Agreement: July 24, 2013 to July 23, 2014
The City of Santa Ana, a charter city and municipal corporation, on behalf of the Santa Ana
Police Department and/or SWAT team participating in the use of the FBI Shoot Range (the
Facility) in the City of Irvine, agrees that it will indemnify and hold the Federal Bureau of
Investigation ("FBI") and the City of Irvine, and its officers and employees harmless against
liability for any and all claims for damage to property, or injury to, or death of persons arising
out of or resulting from the use of the Facility. The City of Santa Ana agrees that it will have two
FBI certified firearms instructors at the Facility while it is training at the Facility.
The City of Santa Ana agrees to and shall indemnify and hold harmless the FBI, its officers,
agents, employees, and representatives from any loss, liability, damage or cost they may incur
for personal injury, including death, and claims for property damage, which may arise from the
direct or indirect operations of the Facility in conducting training at said Facility, and from any
claim for personal injury, including death, and property damages which may arise as a result of
use of the Facility. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the conduct of said use of the Facility.
The City of Santa Ana further expressly agrees that the foregoing HOLD HARMLESS AND
INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law
of the State of California and that if any portion hereof is held invalid, it is agreed that the
balance shall, notwithstanding, continue in full legal force and effect.
The City of Santa Ana HAS READ AND VOLUNTARILY SIGNS THE HOLD HARMLESS
AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements,
or inducement apart from this written agreement have been Ja
ATTEST: CITY TA ANA
MARIA HUIZAR KEVIN O'ROURKE
Clerk of the Council Interim City Manager
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA R. CARVALHO
City Attorney
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Laura A. Rossini
Assistant City Attorney
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CARLOSROJAS
Acting Chief of Police