Loading...
HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION (FBI) 5 -201651 PD — A-2016 -030 t�v-t-F4A, 3-2-1a -4 tP �T MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE SANTA ANA POLICE DEPARTMENT I. PURPOSE: The purpose of this Memorandum of Agreement (MOA) between the Federal Bureau of Investigation (FBI) and the Santa Ana Police Department (SAPD), hereinafter referred to as the "parties ", is to define the scope of work and responsibilities of the parties concerning funding for the equipment costs associated with their participation in the FBI's Santa Ana Gang Task Force (SAGTF), an FBI Safe Streets Task Force. 2. BACKGROUND; Pursuant to a 2006 joint agreement between the FBI Los Angeles Field Office and the SAPD, the FBI provided the initial funding for the purchase of JSI wire room equipment for the SAPD, which has since been primarily utilized by the SAGTF. As per the 2006 agreement, the SAPD incurred and has paid the annual service and maintenance fee for this technology at an annual cost of $25,000.00 per year. In 2014, the manufacturer of the equipment, JSI, implemented a software upgrade, which also requires a corresponding hardware upgrade. As such, the wire room is currently in need of a hardware upgrade as well as the replacement of its current servers and computers. The JSI quoted cost for this upgrade is $135,710,00. This quote does not include the estimated $25,000.00 annual maintenance tee. The SAGTF sought competitive bids for this technology and prefers the new PEN -LINK system. The PEN -LINK system offers upgraded analytical capabilities, internet access, and two additional work stations for a total purchase cost of $150,000.00. This PEN -LINK quote does not include the estimated $25,000.00 annual maintenance fee. The SAGTF may be the only FBI Safe Streets Task Force uniquely housed at a municipal police agency with a stand -alone wire room. Much of the SAGTF's success can easily be attributed to this unique structure. Being housed at the SAPD grants SAGTF Agents and TFOs direct access to the SAPD's Gang Unit, Homicide Unit, street enforcement teams, as well as other law enforcement agencies in and around Orange County. This upgrade will undoubtedly continue to benefit this mutual and productive relationship. 'Fhe FBI's Criminal Investigative Division, Violent Crime and Gang Section, Safe Streets and Gang Unit, has secured $150,000.00 needed to purchase the PEN -LINK system during Fiscal Year 2016. The SAPD will be responsible for the continued annual service and maintenance fees pursuant to the 2006 agreement. 3. AUTHORITY: The FBI is entering into this MOA under the authority provided by 28 U.S.C. §§ 533, 530(C) and 28 C.F.R. § 0.85. 4. SCOPE: This MOA defines the terms and conditions for funding by the FBI of expenditures incurred by the SAPD in equipping the task force with wire room equipment and is agreed upon by the parties as follows: Contingent on the availability of funds through the FBI Los Angeles Field Office, Criminal Investigations Division, the FBI will provide funding to the SAPD for equipment for the SAGTF. The following are expenditures, submitted through invoices from the SAPD to the FBI for the equipment provided for use by the SAGTF: ITEM QUANTITY QUANTITY UNIT TOTAL REQUESTED APPROVED PRICE Equipment to be See Attached. purchased (detailed information required) Shipping Total $150,000.00 5. FUNDING: The FBI hereby agrees, assuming funds are made available, to reserve within its financial management system a sum of appropriated funds not to exceed $150,000.00. These reserved funds will be provided to the SAPD for the planning, development, and execution of the wire room equipment provided for use by the SAGTF. The SAPD shall retain ownership of the equipment and all subsequent support and repairs shall be borne by the SAPD and not by the FBI. The execution of a purchase and maintenance agreement is contingent upon the appropriation of funding by the City Council for this purpose. 6, LIABILITY: The parties agree that each party is responsible for the negligent and wrongful acts and omissions by its employees. In addition, the parties agree that should a claim arise under the terms and conditions of the Federal Tort Claims Act (FTCA), Title 28, United States Code, Sections 1346 and 2671 et seq., for the negligent and wrongful act and omission by either party's employee in the performance of assigned task force duties, the FBI shall be responsible for the investigation and disposition of said claim. Nothing herein should be construed as supplanting any applicable statute, rule or regulation. 7. POINTS OF CONTACT: The FBI and the SAPD will assign points of contact (POCs) for this agreement. The POCs will address and resolve all issues related to this agreement. The parties agree to coordinate liability issues, jurisdictional matters, and any other issues through their designated POC. 8. SETTLEMENT OF DISPUTES: Disagreements between the parties arising under or relating to this MOA will be resolved only by consultation between the parties and will not be referred to a local, state, or federal court. 9. AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION a. All activities of the parties under this MOA will be carried out in accordance with the terms and conditions of this MOA. b. Except as otherwise provided, this MOA may be amended by the mutual written consent of the parties' authorized representatives. 10. FORCE AND EFFECT This MOA, which consists of 10 Sections on 3 pages, will enter into effect upon signature of all parties and will remain in effect for the duration of the SAGTF. This MOA is the complete and exclusive statement of agreement between the parties with respect to the FBI's funding to the SAPD for the costs associated with the purchase of the above listed equipment to be utilized by the SAGTF. This MOA supersedes all written and oral proposals and other communications between the parties. All activities of the parties under this MOA will be carried out in accordance with the terms and conditions of this MOA. Nothing in this MOA is intended to create, nor does it create, an enforceable legal right or private right of action. The foregoing represents the understandings reached between the FBI and the SAPD upon the matters referred to herein. FOR THE FEDERAL BUREAU OF INVESTIGATION Signature U Sean Ragan Special Agent in Charge FBI Los Angeles Field Office S gnature ammi L. Chapman Financial Manager FBI Los Angeles Field Office FOR THE SANTA ANA POLICE DEPT. See Attached 15-1 � / f- ate Date Signature Date Carlos Rojas Chief of Police Santa Ana Police Department ATTEST: MA IA HUIZAR Clerk of the Council APPROVED AS TO FORtNI: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas` Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager