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099-22 - Department of the Navy - ContractDepartment of the Navy A Naval Surface Warfare Center, Crane Division Hwy 361, Bldg. 2044, Electro-Optic Technology Division CRANE300 Crane, Indiana 47522 Cooperation With Civilian Law Enforcement Officials Agreement Agreement entered into pursuant to SECNAV Instruction 5820.7C and NSWCCPANEINST 5700.1A DISTRIBUTION B. Distribution authorized to U.S. Government Agencies; Administrative Use; 25 Oct 16. Other request for this document shall be referred to NSWC Crane, 300 Highway 361, Code JXQS, Crane, IN 47522. 1 a. Federal/State/Local Law Enforcement Agency Name: 2. Agreement Number: N00164LE0328-22 PORT ORCHARD POLICE DEPARTMENT 3. Agreement Start/Renewal Date: SEPT 16, 2022 1 b. Agency Mailing Address: 546 BAY STREET PORT ORCHARD, 4. Agreement Termination Date: SEPT 16, 2023 5. Estimated Total Cost (See paragraph III Terms $300.00 State: WASHINGTON Zip Code: 98366 and Conditions below: 7. Statement of Supplies to be Furnished: Designation, Nomenclature, Stock Number Replacement Value & Serial Numbers Qty Unit Price Amount AN/PVS-7C, Night Vision Goggle, NSN: 5855-01-363-7491, Replacement Value $3,000 Each 1 $300.00 $300.00 Serial Numbers: 02059 $300.00 $0.00 Serial Numbers: $300.00 $0.00 Serial Numbers: $300.00 $0.00 Serial Numbers: $300.00 $0.00 Serial Numbers: Total $300.00 8.Points of Contact Federal/State/Local Law Enforcement Agency Official (Name): Government Law Enf Electro-Optics Loan Program Manager (Name): MAYOR ROB PUTAANSUU Scott Arthur Phone: (360) 876-1700 POC: MATT BROWN Phone: 812-854-6650 Fax: (360) 876-5546 Fax: 812-854-8559 Email: mbrown@cityofportorchard.us Email: scott.arthur@navy.mil Government Law Enf Electro-Optics Loan Program Assistant Government Law Enf Electro-Optics Loan Program Assistant (Name): (Name): Debbie Owens, CTR Phone: 812-854-4439 Phone: Fax: 812-854-8559 Fax: Email: debbie.owens.ctr@navy.mil Email: DOCLIM1CM1 RMSOOJ'I IMC Aug-' 2018 page 1 I. AUTHORITY AND PURPOSE This Agreement is entered into by and between PORT ORCHARD POLICE DEPARTMENT, hereinafter referred to as Federal/State/ Local law enforcement agency, and the Crane Division, Naval Surface Warfare Center, hereinafter referred to as NAVSURFWARCENDIV Crane. This Agreement is entered into pursuant to the authority of SECNAV Instruction 5820.7C, Subj: "Cooperation with Civilian Law Enforcement Officials" and NAVSURFWARCENDIV Crane Instruction 5700.1, Subj: "Law Enforcement Electro-Optics Loan Program". The purpose of this Agreement is to extend NAVSURFWARCENDIV Crane cooperation with civilian law enforcement officials to the maximum extent practicable, consistent with the needs of national security and military preparedness, the historic tradition of limiting direct military involvement in civilian law enforcement activities, and the requirements of applicable law. H. PERIOD OF PERFORMANCE The period of performance for this Agreement is 12 Months from the date of execution. III. ESTIMATED COST AND FUNDING A. With respect to State/Local law enforcement agencies, NAVSURFWARCENDIV Crane shall be paid the estimated cost of use of the provided equipment prior to receipt of said equipment. The loan of any piece of equipment shall not exceed one (1) year. B. The total estimated cost for loaning the equipment is: $300.00 C. Amounts actually charged the Federal/State/Local law enforcement agency shall be the direct and indirect costs reasonably and necessarily incurred in the performance of the work in accordance with Chapter 1 of Volume I IA of the DOD Financial Management Regulation, DOD 7000.14-R (DoD FMR) and any applicable local instruction. D. The Federal/State/Local law enforcement agency shall fund the Agreement prior to commencement of performance. If additional funding is required, NAVSURFWARCENDIV Crane will notify the Federal/State/Local law enforcement agency of the additional funding required. The Federal/State/Local law enforcement agency shall provide NAVSURFWARCENDIV Crane the additional funding upon receiving notification of the requirement for additional funding, or within such time as approved by NAVSURFWARCENDIV Crane. Failure of the Federal/State/Local law enforcement agency to provide funds, as required, will result in the discontinuance of performance. With respect to state and local agencies, upon conclusion of performance, NAVSURFWARCENDIV Crane will reconcile the State/ Local law enforcement agency's account to determine actual charges. The NAVSURFWARCENDIV Crane will refund any balance due on the Agreement to the State/Local law enforcement agency. With respect to federal agencies, NAVSURFWARCENDIV Crane will reconcile the obligation status of the Federal law enforcement agency's funds as required by the DoD FMR and, if necessary, deobligate unused funds as required by the Economy Act (31 U.S.C. § 1535) and the DoD FMR. Nothing in this Agreement shall give the Federal/State/Local law enforcement agency the right to audit the books of NAVSURFWARCENDIV Crane. D. [Federal agencies only] This Agreement does not document the obligation of funds between the Parties. Any obligation of funds will be accomplished using the appropriate funding document of the Federal law enforcement agency. The obligation of funds is subject to the availability of appropriated funds and shall be in accordance with the DoD FMR. IV. METHOD OF PAYMENT [State/Local agencies] Checks should be made payable to: "NAVSURFWARCENDIV Crane" and shall include Agreement number denoted in Block 2 of this agreement. [Federal agencies] Funds will be provided by Military Interdepartmental Purchase Request (MIPR) DD 448. The signed agreement and check, if applicable, shall be forwarded together in one envelope to: Commanding Officer Naval Surface Warfare Center 300 HWY 361 Electro-Optic Technology Division, Bldg. 2044, Attn: D. Owens Crane, IN 47522 Docunac[It KcvmonDatc: MIL2(.)18 page V. PROVISION OF EQUIPMENT A. NAVSURFWARCENDIV Crane Point of Contact under this agreement for equipment, either oral or by e-mail, shall be sent to: Mr. Scott D. Arthur 812-854-6650 scott.arthur@navy.mil Written requests should be addressed as follows: Commanding Officer Naval Surface Warfare Center 300 HWY 361 Electro-Optic Technology Division, Bldg. 2044, Attn: Scott Arthur Crane, IN 47522 B. Upon approval of the request for the loan of equipment, an authorized official of NAVSURFWARCENDIV Crane shall execute a DD Form 1348-1A Issue/Receipt Document. The custodial document shall include the date of receipt, the name of the official signing out and returning the equipment, the office telephone number of the official, Agreement number, and equipment serial numbers. C. Equipment provided under this agreement may be repaired/replaced by NAVSURFWARCENDIV Crane at its discretion, inclusive of assessment of any costs, during the term of the agreement if failure of operation is caused by other than normal use. Requests for same may be made to NAVSURFWARCENDIV Crane Point of Contact identified in paragraph A. above. D. In replacement scenarios, all transactions will be documented in the DD Form 1348-1A Issue/Receipt Document indicating a serial number for serial number exchange. Consideration for exchanges of equipment that fails to perform during normal use is included in the agreement fee and is therefore not subject to additional costs. State/Local law enforcement agencies will not receive consideration or extension for any period of time during the agreement that equipment should fail or become inoperable. With respect to Federal agencies, the period of this Agreement will not be extended for any such period of time. E. The receipt, transportation and return of all equipment is the sole responsibility of the requesting Federal/State/Local law enforcement agency who shall designate in writing a representative authorized to receive, transport equipment to and from NAVSURFWARCENDIV Crane, and return same. Equipment to be repaired/replaced will be delivered by said representative to NAVSURFWARCENDIV Crane. F. The Federal/Sate/Local law enforcement agency shall make all reasonable attempts to protect the equipment from becoming damaged, lost or stolen. Federal/Sate/Local law enforcement agencies renewing a prior active Agreement, verify by signing this Agreement that all prior equipment provided is still accounted for and in their possession. VI. RESOURCES PROVIDED BY GOVERNMENT The resources to be provided are identified in Block 7 of this agreement. NAVSURFWARCENDIV Crane personnel will not be made available for the operation of any loaned equipment and shall not become directly involved in the law enforcement activities, such as interdiction of vehicles, search and seizures, arrests, apprehension, stop and frisk, or surveillance, or other activities proscribed by federal law and regulation, of any state/local law enforcement agency. VII. CHANGES Any changes to this Agreement must be mutually agreed upon in writing by the parties. No oral statements of any person whatsoever shall in any manner modify or otherwise affect the terms of this Agreement. MAYOR ROB PUTAANSUU on behalf of Federal/State/ Local law enforcement agency and Mr. Roger A. Shaw, Crane Division, Naval Surface Warfare Center on behalf of NAVSURFWARCENDIV Crane are the only persons authorized to approve changes in any of the terns of this Agreement. Document Rcvision Dale Aug 20 N page 3 VIII. WARRANTIESANDEMNIFICATION/HOLD HARMLESS A. [State/local agencies only] The State/Local law enforcement agency agrees, to the extent permited under state laws of Washington, on behalf of itself and any successor in interest or assignees, to hold harmless and indemnify the Government against the following insofar as they may result from the performance and/or furnishing of equipment, facilities and/or training: claims (including reasonable expense of litigation or settlement) by third persons (including employees of the State/local law enforcement agency) for death, bodily injury (including sickness or disease) or loss of, damage to, or loss -of use of property; B. [State/local agencies only] NAVSURFWARCENDIV Crane will not be liable for any damages whether direct or consequential. All equipment provided under this agreement shall be provided without any expressed or implied warranties; C. The Federal/State/Local law enforcement agency is responsible for lost, stolen or damaged equipment, the replacement value of which is determined by NAVSURFWARCENDIV Crane, and will reimburse NAVSURFWARCENDIV Crane for same; D. [State/local agencies only] Nothing in this agreement changes any terms or conditions of any existing contract the State/Local law enforcement agency may have with NAVSURFWARCENDIV Crane. IX. CANCELLATION/SUSPENSION A. NAVSURFWARCENDIV Crane reserves the right to recall the loaned equipment, cancel or suspend all or part of its performance under this Agreement in the event that such performance is deemed to interfere, for any reason, with the performance of work/mission by NAVSURFWARCENDIV Crane. The right to cancel or suspend performance hereunder shall be in addition to the right reserved by NAVSURFWARCENDIV Crane to cancel or suspend performance under this Agreement for unusual and compelling circumstances when the national interest of the United States so requires or to protect public health or safety. B. Appreciating the consequences of such a decision, NAVSURFWARCENDIV Crane will attempt to mitigate any cancellation or suspension of this Agreement. However, NAVSURFWARCENDIV Crane cannot be held liable for any cost accruing to the State/Local law enforcement agency as a result of any cancellation or suspension. X. TERMINATION BY STATE/LOCAL LAW ENFORCEMENT AGENCY A. The Federal/State/Local law enforcement agency may terminate this Agreement upon 14 Business days written notice to NAVSURFWARCENDIV Crane. If the Federal/State/Local law enforcement agency elects to cancel this Agreement, the Federal/State/ Local law enforcement agency shall remain responsible for all costs incurred by the NAVSURFWARCENDIV Crane up to the date of receipt by NAVSURFWARCENDIV Crane of its termination notice and return of all equipment. B. [State/local agencies only] The rights and remedies of NAVSURFWARCENDIV Crane provided by this clause are in addition to any other rights and remedies provided by law or this Agreement. XI. DISPUTES Any dispute arising under the Agreement, which is not disposed of by agreement of the parties, shall be decided by NAVSURFWARCENDIV Crane Electro-Optics Technology Division Manager, who shall reduce the decision to writing and shall furnish a copy to the Federal/State/Local law enforcement agency. The decision shall be final unless, within 15 calendar days from the date of receipt of the decision, the Federal/State/Local law enforcement agency furnishes the NAVSURFWARCENDIV Crane Commanding Officer with a request for reconsideration. The reviewing official will review the record to determine whether the initial decision was reasonable. The Federal/State/Local law enforcement agency shall be afforded an opportunity to submit additional supporting documentation and rationale. The decision of the reviewing official shall be final. Document Re i>wn Darr ,lug; 20I n page 4 XI1. MISHAP INVESTIGATIONS In the event of any mishap resulting in the loss, damage or destruction to property and/or facilities used in the performance of this Agreement, the Federal/State/Local law enforcement agency agrees to provide technical support for any investigation to assess the cause. Both parties agree that the report will be held confidential to the degree allowed by applicable laws. XIII. GOVERNING LAW Irrespective of the place of performance or signing of this Agreement, this Agreement shall be governed by and interpreted only in accordance with Federal law and regulations. XIV. ORDER OF PRECEDENCE The rights and obligations of the parties to this Agreement shall be subject to and governed by these Agreement clauses and the other documents incorporated by reference. Any inconsistency in the Agreement shall be resolved by giving precedence in the following order: - Agreement provisions including clauses. - Other documents incorporated by reference. XV. SIGNATURES AND APPROVALS ACCEPTANCE OF AGREEMENT on behalf of Signature MAYOR ROB PUTAANSUI Type Name and Title SEAL - Date PORT ORCHARD POLICE DEPARTMENT Name of Law Enforcement Agency ACCEPTANCE OF AGREEMENT on behalf of NAVSURFWARCENDIV Crane � W M �_�V N Brandon Boeglin By direction NSWC Crane XVI. ENTIRE AGREEMENT Date This Agreement with all attachments constitutes the entire Agreement of the parties and no oral or other representations shall be binding.