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09/.26/02 -13:44 FAX 812 854 3665 CODE 805 ?? ?'1 • r? 2002/005 <br />AGREEMENT VYITH STATE/L4CAL LAW ENFORCEMENT AGENCIES FO] : TEMI'dRARY <br />USE OF DEFARTMENT 4F THE NAVY EQUIPMENTIFACILITIES k't ?R LAW <br />ENFORCEMENT PURP'QSES <br />(Rev 5, 12 May 99) <br />AUTHORITY: SECNAV INSTRUCTION 5 920.7B <br />REINVENTION LAB V?AIVER: "Coaperation VJith Law Enforcement OfFicials" <br />NAME AN'D ADDRESS OF REQUESTIlNG ORGANIZATION/POCITELEPHONE: <br />NORTH OLMSTED POLICE DEPARTMENT <br />27243 LORAIN ROAD <br />NORTH dLMSTED, OH 44070 <br />POC: LARRY CLUTE PHONE: 440-777-3535 <br />SPECIFIC EOUIPIvIE1VT AND OUANTITY REOCIESTED ANL?/OR FACILITY OR TR.AINING TO ' E UTILIZED: <br />(2) EA. AN/PV5-5 <br />PURPOSE: <br />To extend Crane Division, Navat Surface Warfare Center (NAVSITRFWAkCENDIV Crane) co peration with civilian <br />law enforcement officials to the maximum extent practicable, consistent Nvith the neads of national securil , and military <br />preparedness, the iustoric tradition of limiting direct military involvement in civilian law enfarcement act rities, and the <br />requu•ements of applicable law. <br />TERMS AND CONDI'fIONS FOR USE OF EOUII'MENT/FACILITIES: <br />a. NAVSURFWARCENDIV Cratie shaIl be paid the estimated cast of use af the provided equr ment, facilities or <br />trau7ing services prior to receipt af said equipment, facilities ar services. The Loan of any piece of equiF nent shaIl not exceed <br />one (1) year. <br />b. NAVSURFWA.RCENDN Crane may, at its discretion, recall the loaued equipmerit or termil ate use of facilities ar <br />trainin; services prior to completion, with or vsnthout prior notice ta the state/local law enforcement agen y when deemed <br />necessary for the parfarmance of mission related operatians, and the Government shalt i1ot become Iiable :o the Iaw <br />enforcement abency as a result of or because of such changes or ternauiation. <br />c, The state/local 3aw enforcement agency agrees, on behal#' of itself and any successor in intere t or assigaees: <br />i) to hold harmless and indemnify the Government against the following insofar s they may result <br />fc•om the perfarmance andlor furnisb.ing of equipmai2t, faciIities and/or trainin; ; clavns (including <br />t•easonable experrse of litigation or seitlement) by third persans (irrcluding.em iloyees of the <br />P:rrchaser) £or death, bodily injury (including sickness or disease) or loss ot .amaoe to, ar loss of <br />use af property; <br />ii} that the Govetnment will not be Iiable for any damabe whether direct ar conse juential. All se3vices <br />provided under this agreement shall be provided without any expressed or unj (ied warranties, and <br />iii) the state/local law enforcement agency is responsible for lost, stolen or willfu: y damaged <br />equipment, the va}ue of which is detennined by NAVSURFWARCENDIV Ci me, and will <br />xeimburse NAVSURFWARCENDIV Crane for same; and <br />iv} that nothing in tlvs agreemeut change any teriu or condition of any existing cc itract the state/local <br />law enforcement agency may have with the Government. <br />d. NAVSURFD?ARCENDN Crane persannel made avaiJable for the operaiion of any loaned -,quipment shall not <br />beoame directly involved in the law enfarceznent activiries, such as interdiction of vehicles search and seizures, <br />arrests, apprehension, stop and frisk, or svrveillance, or other activities proscribed by feder 1 Iaw and regulation, <br />of any statellocal Iaw enforcement agency.