066-23 - Crane Division, Naval Surface Warfare - ContractMEMORANDUM OF AGREEMENT
BETWEEN
THE GOVERNMENT (NAVSURFWARCENDIV CRANE) AND THE AGENCY;
Port Orchard Police Department
FOR THE ELECTRO-OPTIC LOAN PROGRAM
This is a memorandum of agreement (MOA) between The Government (Crane Division, Naval Surface
Warfare Center (NAVSURFWARCENDIV)) and the Agency,
Port Orchard Police Department
When referred to collectively, The Government and the Agency are referred to as the "Parties."
1.0 BACKGROUND
The Law Enforcement Electro-Optics Loan Program was formalized at NAVSURFWARCENDIV Crane in
August of 1999 in accordance with SECNAVINST 5820.7C. The goal of the program is to optimize
taxpayer's money by extending the useful life of military electro-optics equipment and provide law
enforcement officials with a significant crime fighting capability they otherwise may not be able to afford.
2.0 AUTHORITIES
This Agreement is entered into pursuant to the authority of DoDI 4000.19, of 16 December 2020 and
SECNAVINST 5820.7C.
3.0 PURPOSE AND SCOPE
The purpose of this Agreement is to extend NAVSURFWARCENDIV Crane cooperation with civilian law
enforcement officials to the maximum extent practicable, consistent with the policy and procedures set forth
in DODI 4000.19.
4.0 RESPONSIBILITIES OF THE PARTIES
4.1 The Government will -
4.1.1 Upon approval of the request for the loan of equipment, an authorized official of
NAVSURFWARCENDIV Crane shall execute a DO Form 1348-IA 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.
4.1.2 Repair or replace equipment provided under this agreement 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 6.1.1.1.
4.1.3 In replacement scenarios, all transactions will be documented in the DO 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. Federal/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.
4.1.4 The resources to be provided are identified in Block 6 of this agreement.
NAVSURFWARCENDIV Crane personnel made available for the operation of any loaned
equipment shall not become directly involved in the law enforcement activities such as
interdiction of vehicles, search and seizures, arrests, apprehension, stop and frisk, surveillance,
or other activities proscribed by federal law and regulation, of any state/local law enforcement
agency.
4.2 The Agency will -
4.2.1 The receipt, transportation and return of all equipment is the sole responsibility of the
requesting State/Local law enforcement agency who shall designate in writing a representative
authorized to ship and receive equipment to and from NAVSURF WARCENDiV Crane.
4.2.2 State/Local law enforcement agency shall make all reasonable attempts to protect the
equipment from becoming damaged, lost, or stolen. Federal/State/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.
4.3. Both Parties will -
4.3.1 Ensure Points of Contact in 6.1 are updated as required by administrative changes:
5.0 PERSONNEL
There are no anticipated personnel responsibilities identified in this MOA
6.0 GENERAL PROVISIONS
6.1 POINTS OF CONTACT (POCs). The following POCs will be used by the Parties to communicate
matters concerning this MOA. Each Party may change its POC upon reasonable notice to the other
Party.
6.1.1 For the Government -
6.1.1.1 NAVSURFWARCENDIV Crane Point of Contact under this agreement for equipment,
facilities, and/or training, either oral or by email shall be sent to:
Mr. Scott D. Arthur
812-854-6650
scott.d.arthur2.civ@us.navy.mil
6.1.1.2 Position, office identification, phone number and email of alternate POO
Mr. Bret R. Mehringer
812-854-3596
bret.r.mebringer.civ@us.navy.mil
6.1.2 For the Agency -
6.1.2.1 Position, office identification, phone number and email of primary POO
Name: Port Orchard Police Department
Phone Number: (360) 876-1700
Email Address:
Fax Number: (360) 876-5546
6.2 CORRESPONDENCE. All correspondence to be sent and notices to be given pursuant to this
MOA will be addressed, if to the Government, to:
Commanding Officer
Naval Surface Warfare Center
300 HW Y 361
Electro-Optic Technology Division, Bldg. 20449 Attn: S. Arthur
Crane, IN 47522
and, if to the Agency, to (insert mailing address):
546 Bay Street
Port Orchard,
Washington 98366
or as may from time to time otherwise be directed by the Parties.
6.3 REVIEW OF AGREEMENT. This MOA will be reviewed on or around the anniversary of its
effective date annually for updates to equipment loaned and financial requirements.
6.4 MODIFICATION OF AGREEMENT. This MOA may only be modified by the written agreement
of the Parties, duly signed by their authorized representatives.
6.5 DISPUTES. Any disputes relating to this MOA will, subject to any applicable law, Executive
Order, or DoD issuance, be resolved by consultation between the Parties.
6.6 TERMINATION OF AGREEMENT, This MOA may be terminated by either Party by giving at
least 10 days' written notice to the other Party. The MOA may also be terminated at any time upon
the mutual written consent of the Parties.
6.7 TRANSFERABILITY. This MOA is not transferable except with the written consent of the
Parties.
6.8 ENTIRE AGREEMENT. It is expressly understood and agreed that this MOA embodies the entire
agreement between the Parties regarding the MCA's subject matter, thereby merging and
superseding all prior agreements and representations by the Parties with respect to such subject
matter.
6.9 EFFECTIVE DATE. This MOA takes effect beginning on the day after the last Party signs.
6.10 EXPIRATION DATE. This MOA expires on SEP 16, 2024
6.11 CANCELLATION OR MODIFICATION OF PREVIOUS AGREEMENT. This MOA modifies
or cancels and supersedes the previously signed agreement between the same Parties.
6.12 NO THIRD PARTY BENEFICIARIES. Nothing in this MOA, express or implied, is intended to
give to, or will be construed to confer upon, any person or entity not a party any remedy or claim
under or by reason of this MOA and this MOA will be for the sole and exclusive benefit of the
Parties.
6.13 SEVERABILITY. If any term, provision, or condition of this MOA is held to be invalid, void, or
unenforceable by a governmental authority and such holding is not or cannot be appealed further,
then such invalid, void, or unenforceable term, provision, or condition shall be deemed severed
from this MOA and all remaining terms, provisions, and conditions of this MOA shall continue in
full force and effect. The Parties shall endeavor in good faith to replace such invalid, void, or
unenforceable term, provision, or condition with valid and enforceable terms, provisions, or
conditions which achieve the purpose intended by the Parties to the greatest extent permitted by
law.
6.14 OTHER FEDERAL AGENCIES. This MOA does not bind any federal agency, other than the
Parties, nor waive required compliance with any law or regulation.
7.0 FINANCIAL DETAILS
7.1 AVAILABILITY OF FUNDS. This MOA does not document the obligation of funds between the
Parties. The obligation of funds by the Parties, resulting from this MOA, is subject to the
availability of funds pursuant to the DoD Financial Management Regulation. No provision in this
MOA will be interpreted to require obligation or payment of funds in violation of the Anti -
Deficiency Act, Section 1341 of Tide 31, United States Code.
7.2. BILLING. The Agency will provide the Government with payment via Automated Cleaning
House (ACH) or Wire Transfer with the acceptance of this MOA in accordance with the
procedures of the Government.
7.3. PAYMENT OF BILLS. The Agency's paying office will forward payments, along with a copy of
the signed MOA, to The Government within 30 calendar days. Bills rendered will not be subject
to audit in advance of payment.
Notification of payment MUST be sent to mailbox--cran_wire_tmnsfers@navy.mil and
julie.a.shaff.civ@us.navy.mil.
For ACH
Bank Name:
Credit Gateway
Address:
60 Livingston Avenue
St. Paul, MN 55107
RTN/ABA:
A/C:
For Wire Transfer:
Bank Name:
U.S. Treasury
Address:
1500 Pennsylvania Avenue NW
Washington, DC 20220
Country:
USA
RTN/ABA:
ffi�
Account Name: DFAS-Cleveland
Account Number: —
7.4. FINANCIAL SPECIFICS. See Attachment A for all other details and information on the
reimbursable support identified in this MOA.
7.5. ECONOMY ACT DETERMINATION. If the MOA is being entered into in accordance with
Section 1535 of Title 31, United States Code (the Economy Act), both Parties agree that the
requirements listed in Paragraph (a) of the Economy Act have been met.
8.0 LIST OF ATTACHMENTS: Attachment A.
AGREED: [Approval authority signatures will never be alone on a blank page]
Port Orchard Police Department
ACCEPTANCE OF AGREEMENT on behalf of by
signature ` Date
Mayor Rob Putaansuu
Port Orchard Police Department
Name of Law Enforcement Agency
ACCEPTANCE OF AGREEMENT on behalf of NAVSURFWARCENDIV Crane by.
X /3
BRANDON BOEGLIN Date
By direction
NSWC Crane
ATTACHMENT A
Department of the Navy
Naval Surface Warfare Center, Crane Division
300 Hwy 361, Bldg. 2044, Elecaro-Optic Technology Division
elula Crane, Indiana 47522
Cooperation With Civilian law Enforcement Officials Agreement
Agreement entered into pursuant to SECNAV Instruction 5820.7C and NS WCCRANEINST 5700.1
In. Federal/State/Local Law Enforcement Agency Name:
Port Orchard Police Department
lb. Agency Mailing Address:
546 Bay Street
Port Orchard,
State: Washington Zip.Code: 98366
6. Statement of Supplies/Services to be Furnished:
2 Agreement Number: N00164LE0328-23
3. Agreement Start/Renewal Date: SEP 16, 2023
4. Agreement Termination Date: SEP 16, 2024
5. Estimated Total Cost (See paragraph III
Terms and Conditions below): $ 300.00
Designation,Nomenclature, Stock Number Replacement Value, B Sedd Nunbers
ay
Unit Price
Amount
AN/PVS-7C, Night Vision Goggle, NSN: 5855-01-363-7491; Repl Value $3,000 e
1
$300.00
$ 300.00
Serial Numbers:
02059
Select an Item
Serial Numbers:
Select an Item
$300.00
$ 0.00
$300.00
$ 0.00
Serial Numbers:
Select an Item
$300.00
$ 0.00
Serial Numbers:
Select an Item
$300.00
$ 0.00
Serial Numbers:
Select an Item
$300.00
$ 0.00
Serial Numbers:
Select an Item
$300.00
$ 0.00
Serial Numbers:
Total $ 300.00
7. Points of Contact
Primary Federal/State/Local Law Enforcement
Agency Official (Name):
Financial/Admin Federal/State/Lmal Law Enforcement
Agency POC (Name):
Mayor Rob Pummustru
Matt Brown
Phone: (360)876-1700
Phone: (360)876-1700
Fax: (360)876-5546
Fax: (360)976-5546
Email:
Email: mbrown@cityofportorchard.us
Government Law Enforcement Program Manager
Name:
Government Agreement Administrator (Name):
Scott Arthur
Debbie Owens, CTR
Phone: 812-854-6650
Phone: 812-854-4439
Fax: 912-854-8559
Fax: 812-854-8559
Email: scott.d.arthur2.civ@us.navy.mil
Email: electro_optic_loan@us.navy.mil
Government Agreement Administrator (Name):
Government Agreement Administrator (Name):
Nancy Sherfick
Mary -Ann Miller
Phone: 812-854-2624
Phone: 812-854-5140
Fag: 812-8548559
Fax: 812-854-8559
Email: electro_optic_loan@us.navy.mil
Email: elechn_optic_loan@us.navy.mil