079-21 - Department of the Navy - ContractDepartment of the Navy
Naval Surface Warfare Genter, Crane Division
300 Hwy 361, Bldg. 2044, Electro-Optic Technology Division
Crane, lndiana 47522
Cooperation With Civilian Law Enforcement Officials Agreement
Agreement entered into pursuant to SECNAV lnstruction 5820.7C and NSWCCRANEINST 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 351, Code JXQS, Crane, lN 47522.
1a. Federal/State/Local Law Enforcement Agency Name:
PORT ORCHARD POLICE DEPARTMENT
2. Agreement Number: N001641E0328-21
3. Agreement Start/Renewal Date: SEPT 16,2021
1b. Agency Mailing Address:
546 BAY STREET
PORT ORCHARD,4. Agreement Termination Date: SEPT 16,2022
State: WASHINGTON ZipCode:98366
5. Estimated Total Cost (See paragraph lllTerms
and Conditions below:$300.00
7. Statement of Supplies to be Furnished
AN/PVS-7C, Night Vision Goggle, NSN: 5855-01 -363-7491, Replacement Value $3,000 Each 1 $300.00 s300.00
Serial Numbers: 02059
$300.00 $0.00
Serial Numbers:
$300.00 $0.00
Serial Numbers:
$300.00 $0.00
Serial Numbers:
$300.00 $o.oo
Serial Numbers:
Total 5300.00
S.Points of Contact
Federal/State/Local Law Enforcement Agency Official (Name):
MAYOR ROB PUTAANSUU
Phone: 13601876-1700 POC:MATTBROWN
Fax: (360) 876-5s45
Email: mbrown@cityofportorchard.us
Government Law Enf Electro-Optics Loan Program Manager (Name):
Scott Arthur
Phone: 812-854-6650
Fax: 812-854-8559
Email: scott.arthur@navy.mil
Government Law Enf Electro-Optics Loan Program Assistant
(Name):
Debbie Owens, CTR
Phone: 812-854-4439
Fax: 812-854-8559
Email: debbie.owens.ctrqnavy.mil
Government Law Enf Electro-Optics Loan Program Assistant
(Name):
Phone:
Fax:
Email:
I)ocurreni l{evision t)atc: Atie 2() I ti page I
Contract No. 079-21
r. 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 refened to as
NAVSURFWARCENDIV Crane. This Agreement is entered into pursuant to the authority of SECNAV Instruction 5820.7C, Subj:
"Cooperation with Civilian Law Enforcernent Officials" and NAVSURFWARCENDIV Crane Instructiotr 5700.1, Subj: "Law
Enforcenent 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.
II. 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 ( I ) year.
B. The total estimated cost for loaning the equipment is:$300.00
C. Amounts actually charged the Federal/StatelLocal law enforcement agency shall be the direct and indirect costs reasonably and
necessarily incured in the perfonnance of the work in accordance with Chapter I of Volume I I A of the DOD Financial Managenlent
Regulation, DOD 7000.14-R (DoD FMR) and any applicable local instruction.
D. The Federal/State/Local law enforcement agency shall fund the Agreernent prior to commencement of performance. If additional
funding is required, NAVSURFWARCENDIV Crane will notifr the Federal/State/Local law enforcement agency of the additional
funding required. The Federal/StatelLocal 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 perfonnance. 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. [Federat agencies only] This Agreement does not docurnent 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 agreenrent. [Federal agencies] Funds will be provided by Military Interdepartmental Purchase Request
(MrPR) DD 448.
The signed agreement and check, ifapplicable, shall be forwarded together in one envelope to
Commanding Officer
Naval Surface Warfare Center
300 HwY 361
Electro-Optic Technology Division, 81dg. 2044,Attn: D. Owens
Crane, lN 47522
[)ocunrcnl Itevision I)atc: Aug 20 I 8 page 2
v. PROVTSTON OF EQUTPMENT
A. NAVSURFWARCENDIV Crane Point of Contact under this agreernent for equipment, either oral or by e-mail, shall be sent to
Mr. Scott D. Arthur
812-854-6650
scott.a rthur@navy.mil
Written requests should be addressed as follows:
Commanding Officer
Naval Surface Warfare Center
300 HwY 361
Electro-Optic Technology Division, B.ldg.2044, Attn: Scott Arthur
Crane, lN 47522
B. Upon approval of the request for the loan of equipment, an authorized official of NAVSURFWARCENDIV Crane shall execute a
DD Form 1348-lA 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 rnay 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 tirne 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 enforcernent 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, verif, by signing this
Agrgement 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 forthe operation of any loaned equipment and shall not become directly involved in the law enforcement activities, such as
interdiction ofvehicles, search and seizures, arr€sts, apprehension, stop and frisk, or surveillance, orother activities proscribed by
federal law and regulation, ofany state/local law enforcement agency.
VII. CHANGES
Any changes to this Agreement nlust be mutually agreed upon in writing by the parties. No oral statements of any person whatsoever
shall in any manner rnodi! or otherwise affect the terms of this Agreernent. 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 terms of this Agreement.
I)ocunrerrt Rcrision l)atc: Aug 2() l 8 page 3
VIII. WARRANTIES/INDEMNIFICATION/HOLDHARMLESS
A. [State/local agencies only] The State/Local law enforcement agency agrees, to the extent pennited under state laws of Washington,
on behalf of itself and any successor in interest or assignees, to hold harrnless and indemnifu the Govemment against the following
insofar as they may result from the performance and/or furnishing of equipment, facilities and/or training: claims (including reasonable
expense ofliligation or seltlement) by third persons (including employees ofthe State/local law enforcement agency) for death, bodily
injury Qncluding 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 equiprnent, cancel or suspend all or part of its perfomrance
under this Agreement in the event that such performance is deerned 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 ofany cancellation or suspension.
X. TERMINATION BY STATE/LOCAL LAW ENFORCEMENT AGENCY
A. The Federal/State/Local law enforcement agency may terminate this Agreement upon l4 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/StatelLocal law enforcement agency. The decision shall be final unless, within l5 calendar days from the
date of receipt of the decision, the Federal/State/Local law enforcement agency furnishes the NAVSUMWARCENDIV 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 subrnit additional
supporting documentation and rationale. The decision of the reviewing official shall be final.
I)octrnre nt Revision Datc: Atr;: 2() I tl page 4
XII. 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/I-ocal 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
Irespective 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 parlies 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 PORT ORCHARD POLICE DEPARTMENTll
BY
.'.o\s
oRPO
8-)a pDpl
Signature Date
MAYOR ROB PUTAANSUU
Type Name and Title
PORT ORCHARD POLICE DEPARTMENT
Name of Law Enforcement Agency
ACCEPTANCE OF AGREEMENT on behalf of NAVSURFWARCENDIV Crane
BY Tblzt
NOVA E CARDEN
By direction
NSWC Crane
Date
XVI. ENTIRE AGREEMENT
This Agreement with all attachments constitutes the entire Agreernent of the parties and no oral or other
representations shall be binding.
Docunrent l{evision I)atc: ALrg 20 I 8 page 5