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HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION (FBI) 4 -2015' JAN 2 2 2015 SA \0 'D 11 Taylor Get I (1)00y ci%w Plawo neturr, an odginal executed agreement to our office (Ufrl 1). All:lllyjlol0 1111111 kyj K61=111 0 1 NO Z63 Between the FEDERAL BUREAU OF INVESTIGATION and the Santa Ana Police Department For Use of the JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY I. PARTIES A. This Use Agreement is entered into by and between the Federal Bureau of Investigation (FBI) and the Santa Ana Police Department. It. 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 USSS to enter into this agreement can be found at 18 U.S.C. § 3056 and 18 U.S.C. § 3052. 11L PURPOSE A. The purpose of this Memorandum of Understanding (MOU) is to define the terms of use by the Santa Ana Police Department of the Jerry Crowe Regional Tactical Training Facility (JCRTTF) in Orange County, California. The Santa Ana Police Department has requested use of the JCRTTF to conduct training for its personnel. The FBI operates the JCRTTF and agrees to allow the Santa Ana Police Deparment 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 Santa Ana Police Department to use the JCRTTF on an "as available basis" as determined solely by the FBI. C. The Santa Ana Police Department will ensure that its employees while using the JCRTTF are both legally and medically qualified according to Santa Ana Police Department standards to perform firearms training. D. The Santa Ana Police Department 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 Santa Ana Police Department shall abide by all FBI range safety protocols. The FBI retains to right to immediately stop any Santa Ana Police Department training at the JCRTTF that the FBI determines to be unsafe or hazardous to the environment. F. The Santa Ana Police Department shall keep a record of all ammunition, including type and quantity, discharged at the facility. The Santa Ana Police Department shall provide a copy of this record to the FBI at the conclusion of each training day. G. The Santa Ana Police Department agrees to be responsible for any damage to JCRTTF facilities caused by any act or omission on the part of Santa Ana Police Department employees. V. LIABILITY A. The Santa Ana Police Department acknowledges that financial and civil liability, if any, for the acts and omissions of its employees remains vested with Santa Ana Police Department. B. To the extent permissible by law, the Santa Ana Police Department 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 Santa Ana Police Department's use of the JCRTTF to conduct its training. D. 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 A. The term of the MOU shall be an indefinite period. 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. VII. AMENDMENTS 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 Santa Ana Police Department. VIII. EFFECTIVE DATE A. This MOU shall be effective on the date of the last signature. IX. POINTS OF CONTACT A. Special Agent Thomas Brown Federal Bureau of Investigation One Magazine Road, Irvine, California 92618 (714) 720-1864 Thomas. Brown@ ic.fbi.gov Chief Carlos Rojas Santa Ana Police Department 60 Civic Center Plaza, Santa Ana, California 92702 crojas@santa-ana.org SIGNATORIES: ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONJAR. CARVALHO City Attorney Laura A. Rossini, Senior Assistant City Attorney Date: Eric S. Birnbaum Special Agent in Charge Los Angeles Division Federal Bureau of Investigation CITY OF SANTAANA �_ DAVID CAVAZOS City Manager RECOMMENDED FORAP ROVAL: CARLOSROJAS Chief of Police