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HomeMy WebLinkAboutU.S. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES1„21Ji2 ":C= NOf REQUIRED N-2006-006 WORK MAY PROCEED CLERK OF COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA DATE: I -/f --o6 AND THE UNITED STATES BUREAU OF 0, 19 ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES FOR USE OF THE SANTA ANA POLICE DEPARTMENT FORENSIC LAB AND EQUIPMENT This Agreement is made and entered into on the r l 9'd oy c by and between the, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (hereinafter referred to as ATF) and the City of Santa Ana, a Municipal Corporation and Charter City, (hereinafter referred to as "Santa Ana"). RECITALS I . Santa Ana has constructed and operates a forensic lab located on its property at 60 Civic Center Drive, Santa Ana California, (hereinafter referred to as "the Facility"); and 2. Santa Ana has employees responsible for management and operation of the Facility; and 3. Santa Ana has promulgated certain rules and regulations (See EXHIBIT "A"), concerning safety, hours of operation and use of the Facility; and 4. The ATF desires to enter into an Agreement with Santa Ana permitting the ATF to use the Facility, in particular the water -shooting tank, to perform ballistic testing. COVENANTS NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. This Agreement shall commence on the date first entered above and terminate on December 31, 2006. This Agreement may be extended for two additional twelve- month periods upon a writing signed by the Chief of Police and the City Attorney, for Santa Ana, and by the Special Agent in Charge, for ATF. 2. Santa Ana agrees to allow those officers, employees and agents of ATF who are authorized by ATF to use the Facility as specified in this Agreement. 3. ATF agrees to provide Santa Ana with a list of all ATF officers, employees, and agents authorized to use the Facility. Only those persons specified on the authorization list may use the Facility. Additions to or deletions from the authorization list shall be provided to Santa Ana on a monthly basis. ATF shall take all reasonable measures to assure that only those persons specified on the authorization list shall be permitted to use the Facility. The authorization list is for informational purposes only and Santa Ana shall have no obligation to screen or to otherwise evaluate the qualifications, other than for safety, of those persons authorized to use the Facility. All screening procedures to qualify those who use the Facility shall be the sole responsibility of ATF. ATF further agrees to provide Santa Ana with immediate notification of an employee's removal from the authorization list. 4. All officers, employees and agents of ATF who use the Facility, shall strictly comply with the rules and regulations attached hereto as Exhibit "A" (including any amendments to Exhibit "A"), and any other order or directive of Santa Ana. Santa Ana shall supply ATF with a copy of all rules, regulations and amendments which are not included in Exhibit A. 5. Santa Ana may close the Facility at any time for any purpose. Santa Ana may exclude any person from using the Facility for violating any rules and regulations relating to safety. Santa Ana reserves the exclusive right to determine the Facility's hours of operation. ATF may, upon prior approval of Santa Ana, use the Facility outside the hours of operation providing there is no conflict with other agency use of the Facility. 6. All requests for use of the Facility shall be made at least 24 hours in advance of 2 7 91 9 requested date. Santa Ana will use best efforts to accommodate ATF request as scheduling permits. ATF agrees and represents that all of its officers, employees, agents, or other personnel that may utilize the Facility will do so only within the course and scope of their duties as an employee, officer, or agent of ATF and they are in no way employees of Santa Ana. ATF is responsible for the conduct of its employees and ATF employees will abide by all rules and regulations for the use of the Facility. Any claims involving personal injury or property damage that result from acts committed by ATF employees in the course of using the Facility may be brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq. In the event personal injury or property damage occurs due to an ATF employee's negligent or wrongful use of the Facility, ATF will take all appropriate steps to encourage the damaged party to file a claim under the FTCA so that any compensation due can be paid by the United States Government. Either party may terminate this Agreement at anytime, without cause upon 30 days prior written notice. Any notice, demand or other communication pursuant to this Agreement shall be in writing and shall be deemed properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile in the manner provided in this Section, to the following persons: To Santa Ana: Chief Paul M. Walters 60 Civic Center Plaza Santa Ana, CA 92702 Fax (714) 245-8007 To Bureau of Alcohol, Tobacco, Firearms and Explosives, Attn: Jim Black 888 South Figueroa Street, Suite 1170 Los Angeles, CA 90017 Fax (213) 534-5055 If sent by mail, any notice shall be effective three (3) days after it has been 3 deposited in the United States mail with postage prepaid. If sent by telefacsimile, notice shall be effective twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. The persons executing this Agreement on behalf of ATF and Santa Ana warrant that (i) they are duty authorized to execute and deliver this Agreement, (ii) formally bound to the provisions of this Agreement, and (iii) the entering into this Agreement does not violate any provisions of any other agreement to which the party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement by their authorized representatives. DATED: _ /0-04. CITY OF S TA ANA 71; -mss APPROVED Q%%AS//TO FORM: ,f-6( l.lJlll.{/VLC 4-- Paula J. Coleman Assistant City Attorney M 'O, EXHIBIT "A" Facility Agreement for ACT 1. REGULATIONS FOR USE OF THE SANTA ANA POLICE DEPARTMENT FACILITY FOR BALLISTIC TESTING BY ATF PERSONNEL. a. All ATF personnel shall sign -in prior to using the facility. b. All ATF personnel are restricted to the area in and around the facility. Facility hours will be by mutual consent and arranged at least 24 hours prior to use (exceptions can be made by Santa Ana Police Department I.D. Lab). d. Parking is limited and ATF personnel must park off the facility. e. All ATF personnel who are not in uniform shall wear a visible police badge or I.D. card at all times while in the Police Facility. Excluding those being tested/studied, weapons of any type and/or ammunition shall not be allowed in the Facility. RESPONSIBILITIES ATF employees shall abide by the following: All employees shall demonstrate a proactive safety attitude and exhibit a professional demeanor at all times while in the Facility. 2. Any intentional violation of safety guidelines, gross displays of improper procedures or lack of sound judgment, which in the Lead Forensic Specialist's opinion places others at risk of injury, shall result in the immediate removal of the individual(s) from the Facility. ATF agrees to be responsible for the actions of its employees while they are using the Facility.