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Home My WebLink AboutFEDERAL BUREAU OF INVESTIGATION (FBI) (5)INSURANCE NOT REQUIRED WORK MAY PROCEED C4TY CLERK DATE: MAY 14 2024 Return FULLY EXECUTED Copy to City Clerk, M-30 N-202Q-159 MEMORANDUM OF UNDERSTANDING Between the OCeFEDERAL BUREAU OF INVESTIGATION and the CITY OF SANTA ANA Vk�� (. U-11CVd r E-11 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. li. AUTHORITIES A. Authority for the FBI to enter into this agreement can be found at 28 U.S.C. § 533; 38 U.S.C. § 10211; 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 SAPID 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 to 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 SAPID 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. 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 FICA, 28 U.S.C. § 1346(b), and §§ 2671- 2680. VI. DURATION 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. Vil. 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 SAPD. Vill. EFFECTIVE DATE A. This MOU shall be effective on the date of the last signature. IX. POINTS OF CONTACT A. Special Agent Gabriel Marriott Federal Bureau of Investigation One Magazine Road, Irvine, California 92618 Cell: (310) 496-9921 gmmarriott@fbi.gov B. Sergeant Matthew Clear Santa Ana Police Department 60 Civic Center Plaza, Santa Ana, California 92701 Phone: (714) 245-8700 [Signatures on following page] N-2024-159 TN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NIFER HALL Ci APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAMARA BOGOSIAN Senior Assistant City Attorney FEDERAL BUREAU OF INVESTIGATION Joshua J. Murphy Special Agent in Charge I Los Angeles Field Office Federal Bureau of Investigation CITY OF SANTAANA ALVARO NUNEZ Acting City Manager RECOMMENDED FOR APPROVAL: , ROBERT RODRIGLIE Acting Chief of Police