Attachment_J-14_Vehicle_Use_Agreement.docx

VEHICLE USE AGREEMENT – NON-FBI PERSONNEL

FBI Office/Program: __________________________________

Vehicle Operator Name: __________________________________

The FBI agrees to provide an owned or leased vehicle to the above-named operator for use in connection with assignment to the FBI program identified above. The operator and his/her company understand and agree to the following conditions related to vehicle use:

1. Use of the vehicle is a privilege carrying certain responsibilities as derived from the lease contract, law, regulation, or FBI policy. Failure to comply with the responsibilities and conditions outlined in this Agreement may cause the FBI to terminate the Agreement and prohibit further vehicle use.

1. The following restrictions govern appropriate use of the vehicle:

1. The operator shall use the vehicle only for official purposes related to performance of duties assigned under the program. The operator shall not use the vehicle for personal use or any other use not directly related to activities authorized within the mission of the program. Notwithstanding, at the discretion of the FBI program supervisor, or other appropriate FBI official, where necessary to support the program mission or otherwise determined appropriate and advantageous to the FBI, the operator may be authorized to use the vehicle for travel between home and place of work.

1. The operator is authorized to use the vehicle only during the operator’s assignment to the program. Upon cessation of the operator's assignment, the operator shall return the vehicle immediately to the FBI. The operator agrees to return said vehicle to the FBI in the same condition as received, except for normal wear and tear. The operator and/or company could be held accountable for damage.

1. The operator shall not operate the vehicle if the operator fails to possess a valid driver’s license. The operator shall exercise reasonable care in using the vehicle and shall not use the vehicle for any illegal activities, including operation while under the influence of drugs or alcohol.

1. The following responsibilities are imposed through implementation of the lease contract, and the operator and/or company shall comply as stated:

2. If instructed to pick up or turn in a vehicle, the operator shall conduct an inspection of the vehicle at the time and place of pick-up or turn-in.

2. The operator and his/her company shall ensure that no law enforcement or other equipment is installed in the vehicles in a manner that requires drilling or otherwise alters or damages the vehicle. The company shall be responsible for any damage it may cause if it installs equipment.

1. The operator and his/her company shall be responsible for any and all parking tickets and traffic citations. The operator shall report tickets and citations as soon as possible to the FBI program supervisor. The operator/company shall resolve all outstanding fines promptly and may be denied a subsequent or replacement vehicle until fines are resolved.

1. The operator shall immediately notify the FBI Legal Unit AND the FBI program supervisor of ANY accident involving the vehicle. The operator shall follow procedures for handling accidents, as outlined in the FBI’s Manual of Administrative and Operating Procedures.

1. The operator and his/her company recognize liability considerations related to use of the vehicle. Specifically, the following are noted:

5. Under the Federal Employees Liability Reform and Tort Compensation Act of 1998 (commonly known as the Westfall Act), 28 U.S.C. §2679(b)(1), the Attorney General or his/her designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment." 28 U.S.C §2679(d)(3). Legal representation by the United States is determined by the Department of Justice on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal or State law enforcement officer or contract employee.

5. Liability for any negligent or willful acts of the operator undertaken outside the terms of this Agreement will be the sole responsibility of the operator.

This Agreement shall remain in effect until the earliest occurrence of the following: conclusion of the operator’s contract with the FBI program identified above or the termination by written notice of one party to the other of this agreement concerning the use of an FBI owned or leased vehicle.

By signatures below, the parties agree to the terms and conditions of this Agreement.

CONTRACTOR COMPANY