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311819 5/30/2017
♦�u .4�gyF CITY OF CARMEL, INDIANA VENDOR: 00351567 NAVAL SURFACE WARFARE CENTER CHECK AMOUNT: $*****2,400.00' ONE CIVIC SQUARE CHECK NUMBER: 311819 ?Q CARMEL, INDIANA 46032 300 HWY 391 ELECTRO-OPTIC TECH DIV,BLDG 2044 CHECK DATE: 05/30/17 �rowEO' CRANE IN 47522 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPN00164LE02p�ION 1110 4353099 100402 2,400.00 0 n m w 2 < « S § 7 0 'M ƒ Eg O / ^ 7 q % r- ° o cr 0 2 9 C m \ § 0 # O 00 f o z $) < k k 0 O m \ 0 m $ \ CD I -n K > C) / > C � > o C m k \ \ \ § k � 0 co q m . $ # q 2 > 2 . ® © » � ® » / q .� 2 \ 7 > - O $ 0 0 CD z � o w � « ! a 9 — z > Er ( 0 g k Z ? § PL k $ � § m / 2 CD � 7 \ o 7 k E _ k/ CL CL® \ , E - CD - i ) E % \ Q � a a g 0: q 0 f g § CD CD E $ I FL k / 7 CL-4k 0 / = CD C N / \ J � 7 mo f J k CD / \ ) \ CD m K ; n » \ z \ 7 D / 2 / 2 2) \7 ] _ I 0 ca z \ J \ O g § ) ƒ C o } \ j � / 3 } § 7E -4 § E --i �al< T _0 } 0 > _$ § ( / { -n � §- E & a « : \ § / X U) C / ; M n 2 / / j E :3 :E r- O 3 $ z \ ] i / ƒ / § / G2 CD E $ } CD n d E 2 _CL CD M -n cn § CD X ] k 0 . \ / ( \CL _ > $ k » § CD Cl) . ƒ ) k � � k Department of the Navy Naval Surface Warfare Center, Crane Division caw«E 300 Hwy 361, Bldg. 2044, Electro-Optic Technology Division Crane, Indiana 47522 Cooperation With Civilian Law Enforcem Agreement entered entered into pursuant to SECNAV Instruction 58 700.1 1 a. Federal/State/Local Law Enforcement Agency Name: 2. Agreement CARMEL POLICE DEPARTMENT 3. Agreement. 1 b. Agency Mailing Address: 3 CIVIC SQUARE CARMEL, 4. Agreement 1 5. Estimated Total Cost(See paragraph III Terms $2,400.00 State: INDIANA Zip Code: 46032 and Conditions below: 7. Statement of Supplies/Services to be Furnished: Ift"*81 110112". AN/PVS-7A,Night Vision Goggle,NSN:5855-01-228-0939,Replacement Value$3,000 Each 3 $300.00 $900.00 Serial Numbers: 11894;30096;57283A AN/PVS-7B,Night Vision Goggle,NSN:5855-01-228-0937,Replacement Value$3,000 Each 1 $300.00 $300.00 Serial Numbers: 00865 AN/PVS-71),Night Vision Goggle,NSN:5855-01-422-5413,Replacement Value$3,000 Each 2 $300.00 $600.00 Serial Numbers: 43445;22026 AN/PVS-26,Clip-On Night Vision Weapon Sight,NSN:5855-01-538-8121,Repl Value:$4,000 Each 2 $300.00 $600.00 Serial Numbers: ANPVS26-00394;ANPVS26-02819 $300.00 $0.00 Serial Numbers: Total $2,400.00 8.13oints of Contact Federal/State/Local Law Enforcement Agency Official(Name): Government Law Enforcement Program Manager(Name): ASSISTANT CHIEF JIM BARLOW Roger Shaw Phone: (317)571-2559 Phone: 812-854-1653 Fax: (317)571-2512 Fax: 812-854-8559 Email: JBarlow@carmel.in.gov Email: roger.shaw@navy.mil Government Agreement Administrator(Name): Government Agreement Administrator(Name): Debbie Owens,CTR Phone: 812-854-4439 Phone: Fax: 812-854-8559 Fax: Email: debbie.owens.ctr@navy.mil Email: Document Revision Date: Aug 2016 page I I. AUTHORITY AND PURPOSE This Agreement is entered into by and between CARMEL 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. 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.NAVSURFWARCENDIV Crane shall be paid the estimated cost of use of the provided equipment,facilities or training services prior to receipt of said equipment,facilities or services. The loan of any piece of equipment shall not exceed one(1)year. B.The total estimated cost for accomplishing the work/loaning the equipment is: $2,400.00 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 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.Upon conclusion of performance,NAVSURFWARCENDIV Crane will reconcile the Federal/State/ Local law enforcement agency's account to determine actual charges.The NAVSURFWARCENDIV Crane will refund any balance due on the Agreement to the Federal/State/Local law enforcement agency.Nothing in this Agreement shall give the Federal/State/Local law enforcement agency the right to audit the books of NAVSURFWARCENDIV Crane. IV. METHOD OF PAYMENT Checks should be made payable to: "NAVSURFWARCENDIV Crane"and shall include Agreement number denoted in Block 2 of this agreement. The signed agreement and check(s)shall be forwarded together in one envelol2e to: Commanding Officer Naval Surface Warfare Center 300 HWY 361 Electro-Optic Technology Division,Bldg.2044,Attn: D.Owens Crane,IN 47522 Document Revision Date: Aug 2016 page 2 V. PROVISION OF EQUIPMENT,FACILITIES AND/OR SERVICES A.NAVSURFWARCENDIV Crane Point of Contact under this agreement for equipment,facilities and/or training,either oral or by e-mail shall be sent to: Mr.Roger A.Shaw 812-854-1653 roger.shaw@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: R.Shaw 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. 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. E.The receipt,transportation and return of all equipment is the sole responsibility of the requesting Federal/Sate/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.NAVSURFWARCENDIV Crane may at its sole discretion request payment for any equipment that is willfully damaged,lost or stolen at the associated replacement values shown in Block 7 of this Agreement. VI. RESOURCES PROVIDED BY GOVERNMENT The resources to be provided are identified in Block 7 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,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. ASSISTANT CHIEF JIM BARLOW 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. Document Revision Date:Aug 2016 page 3 VIII. WARRANTIESANDEMNIFICATION/HOLD HARMLESS A.The Federal/State/Local law enforcement agency agrees,to the extent permited under state laws of Indiana, 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.NAVSURFWARCENDIV Crane will not be liable for any damage whether direct or consequential. All services 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 willfully damaged equipment,the value of which is determined by NAVSURFWARCENDIV Crane,and will reimburse NAVSURFWARCENDIV Crane for same; D.Nothing in this agreement changes any terms or conditions of any existing contract the Federal/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 services.However,NAVSURFWARCENDIV Crane cannot be held liable for any cost accruing to the Federal/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.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 Revision Date: Aug 2016 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/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 CARMEL POLICE DEPARTMENT BY: Signatur Date ASSISTACHIEF JIM BARLOW Type Name and Title CARMEL POLICE DEPARTMENT Name of Law Enforcement Agency ACCEPTANCEOF REEMENT on behalf of NAVSURFWARCENDIV Crane BY: NOVA E CARDEN Date By direction NSWC Crane XVI. ENTIRE AGREEMENT This Agreement with all attachments constitutes the entire Agreement of the parties and no oral or other representations shall be binding. Document Revision Date: Aug 2016 page 5