HomeMy WebLinkAboutNAVAL SURFACE WARFARE CTR. 1
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AGREEMENT WITH STA TEILOCAL LAW ENFORCEMENT AGENCIES FOR TEMPORARY ciY
USE OF DEPARTMENT OF THE NAVY EQUlPMENTIFAClLlTlES FOR LAW
ENFORCEMENT PURPOSES
(Rev 5, 12 May 99)
, ._","1I1CE NOT REQUIRED/WAIVEG
WORK MAY PROCEED
CLERK OF COUNCIL
8 -4 -90
DATE:
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AUTHORlTY: SECNA V INSTRUCTION 5820.7B
REINVENTION LAB W ^ IVER: "Cooperalion Wilb Law Enforcement Officiall"
NAME AND ADDRESS OF REOUESTlN.QQROANlZATlONIPOCffELEPHONE:
SPECIFIC EOUIPMENT AND OUANTITY REOUESTED. AND/OR FACILITY OR TRAINING TO BE UTILIZED:
PURPOSE:
To extend Crane Division, Naval Swface Warfare Center (NA VSURFWARCENDIV Crane) cooperation wilb civilian
law enforcement officials to lbe maximnm extent practicable, consistent widt the needs of national security and military
preparedness, lhe historic O"edition of limiting direct militBl)' involvement in civilian law enforcement activities, and the
requirements of applicable law.
TERMS AND CONDITIONS FOR USE OF EOUIPMENTIFACILITIES:
a. NA VSURFWARCENDIV Crane shall be paid the eslimated cost of use of the provided equipment, facilities or
training services prior to receipt of said equipmellt, racilities or services. The loan of any piece of equipment shall not exceed onc
(I) year.
b. NA VSURFW ARCENDIV Crane mllY, at its discretion. recall the loaned equipment or terminate use offacilities or
training services prior to completion, with or wiOlout prior notice to the statel10callaw enforcement agency when deemed necessary
for lbe performance of mission related operations, and the Government shall not become liable to lbe law enforcement ageney as a
result of or because of such changes or termin.tion.
c. The slatenocal law enforcement agency agrees, on behalf of itself and any successor in interest or assignees:
i) to hold harmless and indemnifY the Government against the following insofar a. they may result from
lbe performance and/or furnishing of equipment, facilities and/or training: claims (including
reasonable expen.. "flirlgallon orlell/emenl) by lbird persons (including employe.. ofllle
Purcllaser) for death. bodily injwy (including slelmess or disease) or loa. of, damage to, or loss orusc
of property;
ii) that the Oovernment will not be liable for any damage whether direct or consequential. All services
provided under Ibis agreement shall be provided wilbout any expressed or implied warranties, and
iii) the statelIocal law cnlbrcemenl agency is responsible for lost, stolen or willfully damaged equipment.
the value of which is determined by NA VSURFWARCENDr" Crane, and will reimburse
NA VSURFW ARCENDIV Crane for some; and
iv) that nothing in Otis agreement change any lcnn or condition of WIY existing contract the statel10cnllaw
enforcement agcncy may have wiUt thc Government.
d. NA VSURFW ARCENDIV Crane personnel made available for the operation of any loaned equipment shall not
become directly involved in Ute law enforcement activities, such 8S interdiction of vehicles. search and seizw-cs,
arrests, apprehension, stop and frisk, or .urveillance, or other activities proscribed by federal law and regulation, of
my statellocallaw enforcement ag....ncy.
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PROCEDURES FOR PROVISION OF EOUIPMENT FACILITIES AND/OR SERVICES:
a. Requests for equipment, facilities andlor training, either written, OIal, or bye-mail, may be addressed to Mr. Charles
S. Roberts (812-854-5847; email: Robert._ CS@erane.navy.mil)nrMr. James Rennell (812-854-5747; email:,
bellllettj@crane.navy.mil). Wrillen requests should be addressed as follows:
Conuuander
Code 805F, Bldg. 3291
NAVSURFWARCENDIV
300 Highway 361
Crane,lN 47522
TcI: 812-854-
b. Upon approval of the request for the loan of equipment, an auUlorized official of the low enforcemenlagency shall
execute a NA VSURFW ARCENDIV Crane Equipment Custody Document. The custodial document .hall include the
dole of receipt and expected return dole for the equipment, the nome of the official signing out and returning the
equipment, the office telephone numbe,' of the official, agreement number, equipment serial number, and amount of
funding received.
c. Paymcnt for the provision of equipment andlor services sholl be made by check to :
CommlUldcr
Code 805F, Bldg. 3291
NA VSURFW ARCENDIV
300 Highway 361
Crane, IN 47522
d. Equipment provided under this agreement may be repoiredlreplaced by NA VSURFW ARCENDIV Crane at its
discretion, inclusive of assessment of any costs, during the term of the agreement if failure of operation is caused by
oU,er than normal use. Requests for same may be made to Mr. Roberts or Mr. Bellllett. All written requests should
be addressed as follows:
Conunandcr
Code 805F, Bldg 3291, S, Roberts
NA VSURFW ARCENDI'I
300 HWY 361
Crane, IN 47522
In replacement scenarios, all transactions will be documented in the Equipment Custody 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 lee and is therefore not subject to additional costs. StateJ\ocallaw enforcement
agencies will no! receive consideration or extension for any period of time during the agreement that equipment
should fail or become inoperable.
e.
The receipt, transportation and retum of en equipment is the sole responsibility of the requesting statellocallaw
enforcement agency who shall designate in writing a representative authorized to receive, transport equipment to and
from NA VSURFW ARCENDlV Crane, and return same. Equipment to be repaired/replaced will be delivered by
..........ri~.NAVSURFWAA""''' ,,,"' ~
BY:
(Signalurc)
Commander
('UIIlt: nivi!lioll, Navlll Surfflf't: Wllrftlw (',mlrr
(SignatulC) ~~Ul... ....".~~
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CRANE nWlSION NA V...L SURFACE WARF~NTER
COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS AGREEMENT XXX
TO BE COMPLETEII Ill" TEC/IN/CALPOINTOFCONTACT:
I. Name and Address of OrganizationlPO Crrelephone:
2. Brief problem statement.. .
3. Specific equipment and quantity ref! .esled, and/or facility or training to be utilized:
4. Duration of Agreement (not to exceed one (I) yellr):
5. Funding to be transferred to NA VSURFW ARCENDIV Crane prior to receipt of said equipment,
use of facility and/or training:
6. Technical Point of Contact for Cooperation with Civilian Law Enforcement Officials Program:
Mr. Charles S. Roberts, Code 805F, Building 3291
6a. Tele: 854 5847
6b. FAX: 854 170]
6c. e-mail:
7a. Technical POC Signature:
7b. DATE:
8a. BranchlDepartment Head Signature:
8b. DATE:
.Use Additional Pages if Required
o
o This agreement meets all of the criteria set forth in SECNAV Instruction 5820.7B as modified by
waiver approved 05 April 1999. All terms and conditions in said agreement have been discussed
and agreed upon by all concerned parties.
o
o The agreement has been reviewed by all cognizant laboratory entities for desirability and
appropriateness and complies with promulgated policy, criteria and format.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
$maUt c/:P~
k CIA E. HEALY
CICrk of the COUllcil
AVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City, ttorney
t27~~::PPROVAL'
Plful M. Walters
Chief of Police