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AGREEMENT WITH STATE/LOCAL LAW ENFORCEMENT AGENCIES FOR TEMPORARY <br />USE OF DEPARTMENT OF THE NAVY EQUIPMENT/FACILITIES FOR LAW <br />ENFORCEMENT PURPOSES <br />(Rev 5, 12 May 99) <br />AUTHORITY: SECNAV INSTRUCTION 5820.713 <br />REINVENTION LAB WANER: "Cooperation With Law Enforcement Officials" <br />NAME AND ADDRESS OF REQUESTING ORGANIZATION/POC/TELEPHONE: <br />NORTH OLMSTEAD POLICE DEPARTMENT <br />27243 LORAIN ROAD <br />NORTH OLMSTEAD, OH 44070 <br />POC: SGT. LARRY CLUTE PH: 440-777-3535 <br />SPECIFIC EOUIPMENT AND OUANTITY REOUESTED AND/OR FACILTTY OR TRAINING TO BE UTII,,IZED: <br />(2) EA. AN/PVS-5 <br />PURPOSE: <br />To extend Crane Division, Naval Surface Warfare Center (NAVSURFWARCENDIV Crane) cooperation with civilian <br />law enforcement officials to the maximum extent practicable, consistent with the needs of national security and military <br />preparedness, the historic tradition of limiting direct military involvement in civilian law enforcement activities, and the <br />requirements of applicable law. <br />TERMS AND CONDTTIONS FOR USE OF EOUIPMENT/FACILITIES: <br />a. NAVSURFWARCENDIV Crane shall be paid the estimated cost of use of the provided equipment, facilities or <br />training services prior to receipt of said equipment, facilities or services. The loan of any piece of equipment shall not exceed one <br />(1) year. <br />b. NAVSURFWARCENDIV Crane may, at its discretion, recall the loaned equipment or terminate use of facilities or <br />training services prior to completion, with or without prior notice to the state/local law enforcement agency when deemed necessary <br />for the performance of mission related operations, and the Government shall not become liable to the law enforcement agency as a <br />result of or because of such changes or termination. <br />c. The state/local law enforcement agency agrees, on behalf of itself and any successor in interest or assignees: <br />i) to hold harmless and indemnify the Government against the following insofar as they may result from <br />the performance and/or furnishing of equ.ipment, facilities and/or training: claims (inclaiding <br />reasonable expense of litigation or settlement) by third persons (including emplayees of the <br />Purchaser) for death, bodily injury (including sickness or disease) or loss of, damage to, or loss of use <br />of property; <br />ii) that the Government will not be liable for any damage whether direct or consequential. All services <br />provided under this agreement shall be provided without any expressed or implied warranties, and <br />iii) the state/local law enforcement agency is responsible for lost, stolen or willfully damaged equipment, <br />the value of which is deternuned by NAVSURFWARCENDIV Crane, and will reimburse <br />NAVSURFWARCENDN Crane for same; and <br />iv) that nothing in this agreement change any term or condition of any existing contract the state/local law <br />enforcement agency may have with the Government. <br />d. NAVSURFWARCENDIV Crane personnel made available for the operation of any loaned equipment shall not <br />become directly involved in the law enforcement activities, such as interdiction of vehicles, search and seizures, <br />arrests, apprehension, stop and frisk, or surveillance, or other activities proscribed by federal law and regulation, of <br />any state/local law enforcement agency.