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HomeMy WebLinkAboutFlorida 1033 Program with DoDMEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA BUREAU OF FEDERAL PROPERTY ASSISTANCE AND THE County Sheriff's Office Police Department (LAW ENFORCEMENT AGENCY) PURPOSE: This Memorandum of Agreement (MOA) is entered into between the Florida Department of Management Services, Bureau of Federal Property Assistance (hereinafter the "State") and the County Sheriff's Office Police Department (hereinafter the "LEA") to set forth the terms and conditions which will be binding with respect to excess Department of Defense (DoD) personal property transferred pursuant to 10 U.S.C. 2576(a) and to promote the efficient and expeditious transfer of property. AUTHORITY: The Department of Management Services, Bureau of Federal Property Assistance and the Governor appointed State Coordinator is authorized by Chapter 217 F.S. to transfer to state and local law enforcement agencies personal property that is excess to the needs of the DoD. The DoD is authorized to select property suitable to be used for law enforcement activities by 10 USC 2576a. Such property must be that which is suitable for use by the LEA for law enforcement activities, with emphasis on counter-drug and counter-terrorism activities under such terms prescribed by the Defense Logistics Agency as delegated by the Secretary, U.S. Department of Defense. The LEA, for the purpose of this agreement, is defined as a government agency whose primary function is the enforcement of applicable Federal, State or local laws and whose compensated law enforcement officers have powers of arrest and apprehension. TERMS AND CONDITIONS: The DoD, through DLA, has final authority to determine the type, quantity, and location of excess personal property suitable for use in law enforcement activities, if any, that will be transferred to the State. The State will promulgate policy and procedure that will be consistent with Federal policy and procedure to transfer property to the LEA. Property available under this agreement is for use by the LEA, not for personal use or gain. Property shall not be obtained for the purpose of sale, lease, rent, exchange, barter, secure a loan, or to otherwise supplement normal LEA budgets. All requests for property must be based on bona fide law enforcement requirements. The requisitioning of property for the purpose of cannibalization is not authorized. Any repair, maintenance, insurance, or other expenses associated with these items is the sole responsibility of the LEA. Property available under this agreement must be placed in use within a year of receipt and utilized for a minimum of one year, unless otherwise approved by the State, Aircraft, Flight Safety Critical Aircraft Parts (FSCAP), and Munitions List Items (MLI) requiring demilitarization may be transferred to the LEA for law enforcement activities. Such items must be reported to the State, returned to and received by DLA at the closest approved Defense Reutilization and Marketing Office (DRMO) when no longer needed for law enforcement activities. In cooperation with the State, the LEA is permitted to exchange aircraft and FSCAP with other authorized LEAs. Aircraft, weapons, armored personnel carriers, and any other item identified by DLA as a "major item" will be transferred under terms and conditions set forth in the State's "Conditional Transfer Document". Property available under this agreement is not to be stockpiled for possible future use. However, the LEA is permitted to retain reasonable quantities of aircraft components for future use, as determined by the State and/or the Defense Logistics Agency. Except where otherwise provided in this MOA, the LEA may dispose of property in accordance with state or local property disposal laws when it is determined by the LEA and approved by the State and LESO that the property is no longer needed for law enforcement use. The executive head 'of the LEA as identified below represents that he/she is authorized to enter into this agreement on behalf of the LEA. The Lea agrees to pay administrative fees associated with the acquisition of available property as assessed by the State. If the LEA materially fails to comply with any term of this agreement, whether stated in a Federal statue or regulation, or the Memorandum of Agreement, the state may withhold approval for property requests pending correction of the deficiency by the LEA or suspend the MOA. To the extent permitted by state law, the LEA shall indemnify and hold the State of Florida harmless from any and all suits, actions, demands, or claims of any nature arising out of the use of property. The State assumes no liability for damages or injuries to any person or property from the use of the property. THE LEA SHALL: • Assure that it will comply with applicable provisions of the following Federal polices prohibiting discrimination: • On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DoD regulations at 32 CFR part 195. • On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq.) as implemented by the Department of Health and Human Services Regulation at 45 CFR part 90. • On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as implemented by the Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56. • Obtain audits, as necessary due to the receipt of Federal financial assistance from property transferred to it, in accordance with the Single Audit Act of 1984, as amended (31 USC 7501-7). • Submit a "Law Enforcement Data Sheet," provided by the State, for participation in this program. The Data Sheet will be updated annually or as often as changes occur in the LEA that affect the accuracy of the form. • Forward requests for property that is necessary to meet the requirements for LEA law enforcement efforts. • Agree to provide training, consistent wit LEA policies and procedures, in the use of specialized equipment. • Agree to maintain insurance, in an amount consistent with LEA policy and procedures, to cover damages or injuries to persons or property relating to the use of the property. • Control and maintain accurate records of all property obtained under this MOA. These records should identify the location of the property and, where appropriate, the person to which the property is assigned, including property that is transferred to another LEA. These records must be available for review by the State or DLA upon request. • Assure that all environmentally regulated property is disposed of in accordance with applicable Federal, State and local laws and regulations. • Assure that all weapons obtained through this program are registered with the US Treasury Department's Bureau of Alcohol, Tobacco, and Firearms. • Submit "major" item and weapons requests in the format required by the State. Once executed by both parties below, this agreement renders null and void any previous agreements. Any property previously acquired in this Program is henceforth considered to be under the provisions of this Agreement. TERMINATION: This MOA may be terminated by either party, provided the other party receives thirty (30) days notice, or as otherwise stipulated by public law. Such termination does not nullify the property use restrictions in place on property previously obtained in the program. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. Rita Acevedo Program Manager Surplus Property Supervisor DATE NATURE EXECUT VE HEAD OF LEA ~ ~ NAME TYPED/PRINTED -- 2 -- ~°I DATE Rev. 02/2007 -- *DO YOU KNOW*--- FEDERAL PROPERTY RECEIVED VIA THE FEDERAL PROPERTY ASSISTANCE PROGRAM IS CONSIDERED FEDERAL MONETARY ASSISTANCE AND MUST BE REPORTED UNDER THE SINGLE AUDIT ACT. WHAT YOU AGREED TO WHEN YOU SIGNED YOUR DISTRIBUTION DOCUMENT? YOU AGREED TO USE THE SURPLUS PROPERTY ONLY IN THE OFFICLAL PROGRAM WHICH YOU REPRESENT AND YOU AGREED TO PUT THE SURPLUS PROPERTY INTO USE WITHIN ONE YEAR AND TO USE IT FOR THE PERIOD OF RESTRICTION AND YOU AGREED THAT YOU WOULD NOT SELL THE PROPERTY, LOAN IT, TRADE IT, OR TEAR IT DOWN FOR PARTS UNLESS YOU RECEIVE WRITTEN PERMISSION BEFORE THE PROCESS STARTS AND YOU AGREED TO PAY THE U. S. GOVERNMENT IF YOU DID NOT USE THE PROPERTY ACCORDING TO YOUR AGREEMENT. SU1I~IMARY SURPLUS PROPERTY MUST BE USED IN AN AUTHORIZED PROGRAM. PERSONAL USE OR NON-USE OF SURPLUS PROPERTY IS NOT ALLOWED. PERMISSION MUST BE OBTAINED BEFORE SELLING, TRADING, OR CANNIBALIZING SURPLUS PROPERTY. READ THE INVOICE AGREEMENT AND UNDERSTAND YOUR OBLIGATIONS. KEEP PAPERWORK CURRENT Please assure your paperwork is kept up to date and current. The Memorandum of Agreement has to be updated when a new Sheriff, Chief, Director, etc. is appointed to office. The Screeners Data Sheet and Do You Know has to be updated every two years or as the Sheriff, Chief, Director, etc. assigns new positions and needs an update. Each agency is responsible to insure that all personnel involved with the 1033 Program are fully aware of the procedures for property accountability. ORGANIZATION. 1 ~ ,COUNTY:-' ~ n ~ ~ ~ ~ ~ ~ PRINT NAME: S. ~: n _ ~ ~, ~ ~~E~ r' ~- - ~ DATE: ~ -- `~ - ~ q SIGNATURE: LORIDA DEPARTMENT OF MANAGEMENT SERVICES ~ a ,~~, , ~'~ BUREAU OF FEDERAL PROPERTY ASSISTANCE 14281 US HIGHWAY 301South ,1~~Lj1t,.~sa •, STARKE, FL 32091 •~+•>> PHONE: (904) 964-5601 FAX: (904) 964-4815 LAW ENFORCEMENT AGENCY (LEA) SCREENERS DATA SHEET This form must be completed annually or as changes occur in the LEA and submitted to the State Coordinator CHARLIE CHRIST, GOVERNOR LINDA H. SOUTH, SECRETARY DATE: g _3 - flq LEA: ~~+~ ~ ~ ~, INTERNET: t. ~'~l~'l .S~~.ti~ ;~~. PHYSICAL ADDRESS (P.O. Boz not allowed): ~ 1 Cx_~ SAC CITY: ~q4,~'~c•~ ZIP: ~~~~j$ E-MAIL•~ ~ ~y:~•D~ PHONE: ~~ ~`b$- ~~• 1 S FAX: ~~. ~~$ ~ - ~ g 1' a ~' NUMBER OF SWORN FULL TIME OFFICERS: ~$ • NUMBER OF SWORN PART TIME OFFICERS: 1 NUMBER OF SWORN RESERVE OFFICERS: 5CREENERS/WEAPONS POC MUST BE AUTHORIZED BY THE GOVERNOR APPOINTED STATE COORDINATOR (MAIN CONTACT PERSON) SCREENER #1: ~ ~ ~ ~ ~ _ q fl~ TITLE/NA ~ O E AIL ADDRE S SCREENER #2: ~ h. ~F 3 ~.~~,., t1~ ~ M~C'~~. °.~~`la~ ~~5~-~ 1~lSC~ Mcc~p r c-; Sao [~s` ~~ S~ . TITLE/NAME PH E E-MAIL ADDRESS q,n • ary SCREENER #3: -~ ~ DF TITLE/NAME PH NE E-MAIL ADDRESS ~. pig SCREENER #4: WEAPONS POC• TITLE/NAME PHONE ~ E-MAIL ADDRESS - ~ ~ (MAIN WEAPON CONTACT) TITLE E PHONE E-MAIL ADD S • O J RELEASE OF ALL CLAIMS: I the undersigned, having the express or implied authority of the above named law enforcement agency, do hereby agree and covenant to release the Florida Department of Management Services and the Defense Logistics Agency from any claims for liability, and to hold harmless and indemnify both organizations for any such claims arising out of the receipt of such items, objects, property and/or equipment obtained under this program, to the extent allowed by Florida law. THE UNDERSIGNED FURTHER ACKNOWLEDGES that the Florida Department of Management Services delivers property/services in this program in cooperation with the U.S. Defense Logistics Agency with no warranty either expressed or implied, and the items are received by the undersigned "as is where is". IN WITNESS WHERE OF, the undersigned has affixed hereto his/her signature acknowledging this release of all claims of any kind and the Florida Department of Management Services has executed this agreement by signature of their duly authorized officer. BE IT FURTHER UNDERSTOOD it is the responsibility of the receiving organization to maintain adequate liability and property damage as well as Workers Compensation insurance coverage to cover any and all claims. PROPERTY RESTRICTION: Property approved MAY NOT be obtained for the purpose of sale, lease, rent, exchange, barter, to secure a loan or to otherwise supplement normal agency budgets, except exchanging or giving of items to another state or local law enforcement agency approved in the "1033 Program". All requests for property must be based on bona fide law enforcement requirements. EXECUTIVE HEAD OF AGENCY: ~--. ~ ., ~ g' ^ ~ ^ ~C C` ~ PRINT MUST BE SHERIFF/CHIEF/AGENCY HEAD SIGNATURE DATE STATE COORDINATOR SIGNATURE: Rita Acevedo Program Manager DATE J. D. Solie, Director Surplus Property Supervisor 1033 Law Enforcement Program Bureau of Federal Property Assistance revised 4/2008 STATE OF FLORIDA 1033 PROGRAM PLANS, POLICIES AND PROCEDURES PURPOSE: The purpose of this document is to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) personal. property which is transferred pursuant to 10 U.S.C. §2576a and to promote the efficient and expeditious transfer of the property. AUTHORITY: The Secretary of Defense is authorized by 10 U.S.C. §2576a to transfer to Federal and State Agencies, personal property that is excess to the needs of the DOD and that the Secretary determines is suitable to be'used by such agencies in law enforcement activities, with emphasis on counterdrug/counterterrorism activities, under such terms prescribed by_the Secretary. The authorities granted to the Secretary of Defense have been delegated to the Defense Logistics Agency ALA) STAFFING AND FACILI7CIES: TERMS AND CONDITIONS: • Law Enforcement Agency (LEA) Eligibility Criteria: Must be a "law enforcement activity" whose primary function is enforcement of applicable Federal, State and local laws as defined by the DLA regulation (this is referring to DLA Directive (DEAD} 4160.10 which will be superceded by the One Book) and whose compensated officers have powers of arrest and apprehension. How to Enroll in the State 1033 Program: LEA must request enrollment via their State Coordinator. LEAs must provide a completed data sheet to their State Coordinator. NOTE: Upon request of the Law Enforcement Support Office (LESO), a mission statement will need to be provided along with the datasheet. If the enrollment request is approved by the State Coordinator, it will be forwarded to the LESO. If approved by LESO, the State Coordinator will be contacted and provided wi#h a LEA screener's authorization memo {Authorization Letter for Property Screening and Receiving). Once enrolled, the LEA must sign a memorandum of understanding (MOU} with the State Coordinator agreeing to the terms and conditions of the 1033 Program. As soon as an agency is properly enrolled, materials maybe screened manually at a Defense Reutilization and Marketing Office {DRMO); however, the State Coordinator must provide the LEA with their LEA identification (TD) number so they may screen and request materials using autornatiori. • LEA Screener Criteria: Must be full-time and/or part-time, sworn and/or non-sworn officers .assigned to the LEA performing this duty. LEAs are allowed a maximum of four (4) screeners per agency. A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one tune. Identification/Acquisition/Transportation of Property: LEAs find needed property electronically through the Defense Reutilization and Marketing Service (DBMS) website: www.dnns.dla.mil or by physically visiting the nearest DRMO. Once property has been identified, LEAs subnut a manual or electronic DBMS Form 103 to the State Coordinator. The State Coordinator approves/disapproves the request. If approved, it is sent to the LESO. If approved it goes to Military Standard Requisitioning and Issue Procedures (MILSTRIP) or a manual DD Form 1348 is sent to the State Coordinator. It is the responsibility of the State/LEA to transport requested property from the DRMOs to their location. DLA will not fund the transportation cost. • Storage of Property: Unless the State is authorized as a distribution center, it will be the gaining LEA responsibility to store property received through the 1033 Program. Distribution centers should only hold property for their specific customers not more than 90 days. After that date, disposition should be requested, in writing, from the LESO, via their State Coordinator. • Distribution of Property: LESO will approve property request in the following priority: counterdrug/counterterrorism and then any other law enforcement activities. • Security of Property: It is the responsibility of the gaining State/LEA to safeguard all property received tlu-ough the 1033 Program. ,Should any property become lost due to theft, destruction or unauthorized sale/disposal, this information must be forwarded to the State Coordinator within seven (7) working days after the incident. The State Coordinator will contact the LESO far additional guidance. • Accountability of Property: Each LEA and the State must maintain records for all property acquired through the 1033 Program. These records must provide an `.`audit trail" for individual items ofproperty from~receipt to distribution. These documents include but are not limited to the following: DBMS Foizn 103 with all justifications or printouts of automated requests, DD Farm 1348 (receipt and turn-in), all disposal and transfer•paperwork, approved Bureau of Alcohol, Tobacco and Firearms (ATF) Form 10s, Certificate of AircraftRegishation {AC Form 8050-3), Aircraft Registration Application (AC-Form 8050-1), and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program acid this property. • Establish Inactive File: As of October 1, 2003, the LESO will institute a five {5) year file retention policy. This policy will state that LESO will maintain active files for two'(2} years and inactive files for three (3) years. After five years, the f ]es are destroyed with the exception of DEMIL code B through Q, sensitive items and $20,000 or more high dollar items. • U#ilization of Property: Property received through the 1033 Program must be placed into use withui one (1) year of receipt and utilized for a minimum of one (1) year, unless the condition renders it unusable. If property is not placed in use within one (1) year of receipt, it must be transferred to another authorized agency, or returned to a DRMO. Property returns/turn-ins must be coordinated through the applicable State Coordinator and LESO. • Transfer of Propert3•: LEAs must coordinate, in writing, transfer of 1033 property through their State Coordinator. The State Coordinator will request final approval from the LESO. Property maybe transferred within the State or between States as long as it is properly coordinated with the •State Coordinator and LESO. If approved a "LFSO transfer approval memo" will be sent to the State Coordinator. For more information regarding these items, view the following links: Defense Demilitarization and Trade Security Controls (TSC) Program www.demi l.osd.rni 1 Military Critical Technologies List www.dtic.milhnctl Critical Federal Supply Class (FSC} and Buzz words www.drms.dla.milldrms/SnternaUderniUCriticalBuzzKeyPtpdf Flight Safety Critical Aircraft Parts (FSCAP) www.drnis.dla.miUdrms/intci~nal/dem il/FSCAP.pdf Disposal of Property: LEAs must request approval, in writing, from their State Coordinator before any 1033 property is disposed. The State Coordinatorwill request final approval from the LESO. If approved a "LESO disposal approval memo" will be sent to the State Coordinator. Only DEMIL codes A, S and Q may be approved for disposal. Items with DEM]L codes of C, D, E, F, G and P must be transferred to an authorized agency or must be returned to a DRMO when no longer needed. Costs incurred for transfers, disposals or turn-ins will be borne by the State/LEA. o DENllL code A: does not require demilitarization and may be disposed after obtaining State Coordinator and LESO approval. o DEMIL code B: does not require demilitarization and maybe disposed or retumed to a DRMO. If disposed, it must be in accordance with TSC (see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.21-M-1, Defense Demilitarization lvlanual; DBMS-I 4160.14, Volume VII}. o DEMIL code Q: does not require demilitarization and may be disposed or returned to a DRMO. If disposed, it must be in accordance with Commerce Control List Items (CCLI) disposition requirements (see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.21.-M-1, Defense Demilitarization Manual; DBMS-I 4160.14, Volume VII). 3 • Specif c Requirements for disposal ofMuriitions Lists Items (MLI)/CCLi (DEMIL codes B and Q) excerpt from DOD 4160.21-M: Before disposing of MLI/CCLI property, Federal and State agencies must consider the export control requirements as promulgated by the Department of State, Department of Commerce and the Treasury Department, as applicable. Disposal methods shall ensure that appropriate safeguard requirements are in place prior to disposal. These will include, but are not limited to~: • Notification of export control requirements to the end-user; • Exclusion of individuals, entities or countries who are excluded from Federal programs by the General Services Administration {GSA); • Exclusion if delinquent on obligations to the U.S. Government or are debarred or suspended from DOD contracts; • Exclusion if currently suspended for TSC violations; • Exclusion if subject to denial, debarment or other sanctions under public law. o DEMIL, codes C, D, E, F, G and P: require demilitarization and must be returned to a DRMO. The State Coordinator must obtain the LESOs approval for equipment returns. LESO will provide turn-in documentation (DD Form 1348-1A). With few exceptions, the State/LEA will be asked to coordinate the turn-in with a local DRMO. The State/LEA informs LESO which DRMO has agreed to accept the turn-in. LESO will then provide turn-in documentation to the accepting DRMO. Upon receipt of the turn-in documentation, the LEA must return the property to the specified DRMO. The DRMO personnel receiving the materials will sign the turn-in document and give the LEA a copy of the signed receipt paperwork. This receipt paperwork must be maintained in the LEA's files and a copy of the receipt must be forwarded to the State Coordinator for their files. (see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.21-M-1, Defense Demilitarization Manual; DRMS-(4160.14, Volume VII for DEMIL rules). • Training: The State Coordinator, his/her staff and LEAs should be trained/familiar with guidance on the following websites: ABCs of DEMIL www.hr.dla.mil/dtc/coursecat~tlog/PD/abcdmil.htm (knowledge of demilitarization codes) 4 DLA Operations www.dla.mil (DLA handbook) LESO Operations www.dla.inil/i-3/leso (1033 Program/Automation training guides) DBMS Operations www.drms.dla.mil (automation requisitioning process/procedures) TAE STATE WILL: a, Receive applications for participation in this program from its law enforcement activities and validate with signature, their law enforcement mission prior to forwarding to LESO for approval as an authorized LEA. Once the approval process is completed and the agency is loaded in the DRMS automated requisitioning system, provide enrolled LEAs with their LEA TD number so they may request materials on-line. b. Forward requests to LESO for excess property that is necessary to meet requirements far LEA efforts. Assure the recipient LEA is identified on all requisitions. c. Be responsible for the transfer and/or allocation of property to qualified LEAs. d. Assure the LEAs agree to maintaui, at no expense to the U.S. Government, adequate liability and property damage insurance coverage and workmen's compensation. insurance to cover any claims. e. Control and maintain accurate records on all property obtained under this plan. These records must provide an "audit hail" for individual items of property from receipt to distribution. These documents include but are not limited to the following: DBMS Form 103 with all justifications or printouts of automated requests, DD Form 134.8 (receipt and turn-in), all disposal and transfer paperwork, approved ATF Form 1 Os, Certificate of Aircra$ Registration {AC Form 8050-3), Aircraft Registration Application (AC-Form 8050-1) and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program and this properly. f. Enter into agreements with LEAs to assure they fully comply with the terms, conditions and limitations applicable to property transferred pursuant to this plan/prograin. g. Allow a maximum of four (4) screeners, full-time and/or part-lime, sworn and/or non- sworn officers, per LEA performing this duty. The screeners must be.named in a "letter of authorization/datasheet" provided to the LESO, to be updated as changes occur, or whenever LESO requests an update. A weapons point of contact (POC) fulltime officer must be included on the "letter of authorization/datasheet" for any LEAs that have received or are requesting weapons. NOTE: A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. h. Assure that all environmentally regulated property is handled, stored and disposed of in accordance with applicable Federal, State and local environmental laws and regulations. i. Assure that the following weapons are registered with the U.S. Treasury Department's ATF; M14, M16, M21 and M79. The State and each LEA must comply with alI applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to DLA, LESO not later than seven (7) working days after it is discovered. The State Coordinator must provide a weapon POC on all LEA data sheets. All weapon transfers between LEAs must be approved by the LESO before it is completed. Maintain an approved copy of the ATF Form l 0 for all M 1.4, M.16, M21 and M79 rifles issued to State/LEA. j. Identify to LESO each request that will be used in counterdrug/eounterterrorism activities. k. Ensure LEAs are aware of their responsibilities in accordance with the Single Audit Act of 1984, as amended (31 U.S.C. 7501-7}. Assist LEAs by providing information, as required, for audit submission. Assist LEAs by identifying which property oversight agency the audit information must be submitted to. I. RecJiew and update State Plan of Operation annually (calendar year} or when the Governor- appointed State Coordinator changes or Governor changes. if there are no changes to the State Plan of Operation send a signed letter/email to the LESO indicating that the plan has been reviewed and no changes were necessary. m. Ensure all LEAs enolled in the State 1033 Program maintain a current copy of the State Plan of Operation or MOU. n. Conduct periodic reviews of each LEA enrolled in the program, to include physical inventory/spot checks, of property received and any related records. Additionally, ensure LEAs are in compliance with applicable Memorandum of Agreement (MOA)/MOU and/or the State Plan of Operation. These reviews must be documented and maintained by the State Coordinator for future LESO compliance reviews. o. .Obtain reconciliation reports from the LESO website and conduct monthly reconciliations an all items received and annual reconciliations for high dollar items (items valued over $20,000} and Derail B-Q items between the State/LEA and LESO. p. Ensure serial/tail numbers are provided to LESO on items.such as peacekeepers/armored personnel carriers (APCs), aircraft, night vision goggles (NVGs)/sights and weapons. q. Validate and certify LEA inventory reconciliation results electronically and forward them. to LESO within 10 working days of the monthly or annual reconciliation process. Maintain a signed copy of all property reconcil iation documentation received through the 1033 Program. r. Submit requests for property returns (turn-ins to a DRMO) to LESO. Note: Costs of shipping or repossession of the property by the U.S. Govermnent will be borne by the LEA. s. Submit disposal, transfer and inventory adjustment requests to LESO. t. Contact the LESO in writing not later than 30 calendar days prior, to a State Coordinator change. u. All property hansfers will cease if no current Governor's letter is on file; the State has not signed the MOA with DLA; the State Coordinator or POC does not validate all property requests and there is no State Plan of Operation on file. THE LAW ENF~RCEM-ENT AGENCY WILL: a. Submit applications for participation in this program to the State Coordinator for approval. Upon request from the State Coordinator or LESO provide a mission statement. b. Submit requests for property (electronically}. Provide justification for all requisitions to the State Coordinator. c. Agrees to maintain, at no expense to the U.S. Government, adequate liability and properly damage insurance coverage and workmen's compensation insurance to cover any claims. d. Control and maintain accurate records on all property obtained under this plan. These records must provide an "audit trail" for individual items of property from receipt to distribution. These documents include but are not limited to the following: DBMS Fonn 103 with~all justifications or printouts of automated requests, DD Form 1348 (receipt and turn-in), all disposal and transfer paperwork, approved ATF Form l Os, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC-Foam 8050- 1)and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program and this property. e. ~ CompIy with the terms, conditions and limitations applicable to property transfetTed pursuant to this plan/program. f. Allow a maximum of four (4) sereeners, full-time and/or part-time, sworn and/or non- -sworn officers, per LEA performing this duty. The s.ereeners must be named in a "letter of authorization/datasheet" provided to the LESO, to be updated as changes occur, or whenever LESO requests an update. A weapons POC fulitime officer must be included on the "letter of authorization/datasheet" for any LEAs that have received or are requesting weapons. NOTE: A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. Appoint g Property Accountable Officer responsible for approving/disapproving all property requests and maintaining all accountable records for property received. g. Assure that all enviromnentally regulated property handled, stored and disposed of in accordance with applicable Federal, State and local environmental laws and regulations. h. Assure that the following weapons are registered with the U.S. Treasury Department's ATF: M14, Ml 6, M21 and M79. Recipients must comply with all applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to LESO through the State Coordinator clot later than seven (7) working days after the incident has occurred. The LEA must provide a weapon POC on all data sheets. All weapon transfers between LEAs must be approved by the LESO before it is completed. LEA must maintain an approved copy of. the ATF Form 10 for all M14, M16, M21 and M79 rifles received. i. identify to LESO each request that will be used in counterdrug/counterterrorism activities. j. LEAs enrolled in the State 1033 Program must maintain a copy of the State Plan of Operation or MOU. k. LEAs must be aware of their responsibilities under t1~e Single Audit Act of 1984, as amended (31 U.S.C. 7501-7}. 1. Conduct periodic reviews to include physical inventory/spot checks of actual property and related records. Ensure comp]iance with applicable MOA/MOU and/or the State Plan of Operation. m. Obtain reconciliation reports from the State Coordinator and conduct monthly and annual reconciliations. Provide reconciliation results to the State Coordinator. n. Ensure serial/tail numbers are provided to the State Coordinator on items such as peacekeepers/APCs, aircraft, NVGs/sights and weapons. a. Conduct inventory reconciliations and provide inventory reconciliation results electronically to the State Coordinator within 10 working days of the monthly or annual reconciliation process. Maintain a signed copy of all property reconciliation documentation received through the 1033 Program. p. Submit requests for property ret<iLns (turn-ins to a DRMO j to the State Coordinator. Note: Costs of shipping or repossession of the property by the U.S. Government vl~ill be home by the LEA. q. Submit disposal, transfer and inventory adjustment requests to the State Coordinator. Contact the State Coordinator, in writing, not later than 30 days prior, when property accountable officer changes. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date Written below. Sta ordinator Signature ,J~~,Sc~~~-~ Type/Print Name and Title Date: ~ ~ v 1 Law Enforcement Agency La Enforcement Agency Signature Type/Print Name and Title Date: l~ ' J~' ~~ STATE OF FLORIDA 1033 PROGRAM PLANS, POLICIES AND PROCEDURES PURPOSE: The purpose of this document is to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) personal property which is transferred pursuant to 10 U.S.C. §2576a and to promote the efficient and expeditious transfer of the property. AUTHORITY: The Secretary of Defense is authorized by 10 U.S.C. §2576a to transfer to Federal and State Agencies, personal property that is excess to the needs of the DOD and that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with emphasis on counterdrug/countertenorism activities, under such terms prescribed by the Secretary. The authorities granted to the Secretary of Defense have been delegated to the Defense Logistics Agency (DLA). STAFFING AND FACILITIES: TERMS AND CONDITIONS: • Law Enforcement Agency (LEA) Eligibility Criteria: Must be a "law enforcement activity" whose primary function is enforcement of applicable Federal, State and local laws as defined by the DLA regulation (this is referring to DLA Directive (DEAD} 4160.10 which will be superceded by the One Book) and whose compensated officers have powers of arrest and apprehension. How to Enroll in the State 1033 Program: LEA must request enrollment via their State Coordinator. LEAs must provide a completed data sheet to their State Coordinator. NOTE: Upon request of the Law Enforcement Support Office (LESO), a mission statement will need to be provided along with the datasheet. If the enrollment request is approved by the State Coordinator, it will be forwarded to the LESO. If approved by LESO, the State Coordinator will be contacted and provided wi#h a LEA screener's authorization memo (Authorization Letter for Property Screening and Receiving). Once enrolled, the LEA must sign a memorandum of understanding (MOU) with the State Coordinator agreeing to the terms and conditions of the 1033 Program. As soon as an agency is properly enrolled, materials may be screened manually at a Defense Reutilization and Marketing Oflice (DRMO); however, the State Coordinator must provide the LEA with their LEA identification (1D) number so they may screen and request materials using automation. • LEA Screener Criteria: Must be full-time and/or part-time, sworn and/or non-sworn officers assigned to the LEA performing this duty. LEAs are allowed a maximum of four (4) screeners per agency. A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. identification/Acquisition/Transportation of Property: LEAs find needed property electronically through the Defense Reutilization and Marketing Service (DBMS) website: www.drms.dla.mil or by physically visiting the nearest DRMO. Once property has been identified, LEAs submit a manual or electronic DBMS Form 103 to the State Coordinator. The State Coordinator approves/disapproves the request. If approved, it is sent to the LESO. if approved it goes to Military Standard Requisitioning and Issue Procedures (MILSTRIP) or a manual DD Form 1348 is sent to the State Coordinator. It is the responsibility of the State/LEA to transport requested property from the DRMOs to their location. DLA will not fund the transportation cost. • Storage of Property: Unless the State is authorized as a distribution center, it will be the gaining LEA responsibility to store properly received through the 1033 Program. Distribution centers should only hold property for their specific customers not more than 90 days. After that date, disposition should be requested, in writing, from the LESO, via their State Coordinator. • Distribution of Property: LESO will approve property request in the following priority: counterdrug/counterterrorism and then any other law enforcement activities. • Security of Property: It is the responsibility of the gaining State/LEA to safeguard all property received through the 1033 Program. Should any property become lost due to theft, destruction or unauthorized sale/disposal, this information must be forwarded to the State Coordinator within seven {7) working days after the incident. The State Coordinator will contact the LESO for additional guidance. • Accountability of Property: Each LEA and the State must maintain records for all property acquired through the 1033 Program. These records must provide an "audit trail" for individual items of property from receipt to distribution. These documents include but are not limited to the following: DBMS Form 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and turn-in), all disposal and transfer paperwork, approved Bureau of Alcohol, Tobacco and Firearms (ATF) Form I Os, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC-Form 8050-1), and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program and this property. • Establish Inactive File: As of October 1, 2003, the LESO will institute a five (5) year file retention policy. This policy will state that LESO will maintain active files for two (2) years and inactive files for three (3) years. After five years, the files are destroyed with the exception of DEMIL code B through Q, sensitive items and $20,000 or more high dollar items. • Utilization of Property: Property received through the 1033 Program must be placed into use within one (1) year of receipt and utilized for a minimum of one (1) year, unless the condition renders it unusable. If property is not placed in use within one (1}year of receipt, it must be z transferred to another authorized agency, or returned to a DRMO. Property returns/turn-ins must be coordinated through the applicable State Coordinator and LESO. Transfer of Property: LEAs must coordinate, in writing, transfer of 1033 property through their State Coordinator. The State Coordinator will request final approval from the LESO. Property may be transferred within the State or between States as long as it is properly coordinated with the State Coordinator and LESO. If approved a "LESO transfer approval memo" will be sent to the State Coordinator. For more information regarding these items, view the following links: Defense Demilitarization and Trade Security Controls (TSC) Program www.demi l.osd: m i I Military Critical Technologies List www.dtic.milhnctl Critical Federal Supply Class (FSC) and Buzz words www.dmas.dla.mil/drm /internal/demil/CriticalBuzzKeyl't.pdf Flight Safety Critical Aircraft Parts (FSCAP) www.drnis.dla.mi lldnns/internal/dem i t/FSCAP.pdf Disposal of Property: LEAs must request approval, in writing, from their State Coordinator before any 1033 property is disposed. The State Coordinator will request fnal approval from the LESO. If approved a "LESO disposal approval memo" will be sent to the State Coordinator. Only DEMIL codes A, B and Q may be approved for disposal. Items with DEMIL codes of C, D, E, F, G and P must be transferred to an authorized agency or must be returned to a DRMO when no longer needed. Costs incurred for transfers, disposals or turn-ins will be borne by the State/LEA. o DEM1L code A: does not require demilitarization and may be disposed after obtaining State Coordinator and LESO approval. o DEMIL code S: does not require demilitarization and may be disposed or returned to a DRMO. If disposed, it must be in accordance with TSC (see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4]60.21-M-1, Defense Demilitarization Manual; DBMS-I 4160.14, Volume VII}. o DENIIL code Q: does not require demilitarization and may be disposed or returned to a DRMO. If disposed, it must be in accordance with Commerce Control List Items (CCLI) disposition requirements {see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.2].-M-1., Defense Demilitarization Manual; DRMS-I 4160.14, Volume VII). ^ Specific Requirements for disposal of Munitions Lists Items (MLI)/CCLI (DEMIL codes B and Q) excerpt from DOD 4160.21-M: Before disposing of MLI/CCLI property, Federal and State agencies must consider the export control requirements as promulgated by the Department of State, Department of Commerce and the Treasury Department, as applicable. Disposal methods shall ensure that appropriate safeguard requirements are in place prior to disposal. These will include, but are not limited to: • Notification of export control requirements to the end-user; • Exclusion of individuals, entities or countries who are excluded from Federal programs by the General Services Administration (GSA); • Exclusion if delinquent on obligations to the U.S. Government or are debarred or suspended from DOD contracts; • Exclusion if currently suspended for TSC violations; • Exclusion if subject to denial, debarment or other sanctions under public law. o DEMiL codes C, D, E, F, G and P: require demilitarization and must be returned to a DRMO. The State Coordinator must obtain the LESOs approval for equipment returns. LESO will provide turn-in documentation (DD Form 1348-1A). With few exceptions, the State/LEA will be asked to coordinate the turn-in with a local DRMO. The State/LEA informs LESO which DRMO has agreed to accept the turn-in. LESO will then provide turn-in documentation to the accepting DRMO. Upon receipt of the turn-in documentation, the LEA must return the property to the specified DRMO. The DRMO persomiel receiving the materials will sign the turn-in document and give the LEA a copy of the signed receipt paperwork. This receipt paperwork must be maintained in the LEA's files and a copy of the receipt must be forwarded to the State Coordinator for their files. (see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.21-M-1, Defense Demilitarization Manual; DRMS-f 4160.14, Volume VII for DEMIL rules}. Training: The State Coordinator, his/her staff and LEAs should be trained/familiarwitfi guidance on the following websites: ABCs of DEMIL www.hr.dla.mil/dtc/coursecataloglPD/abcdmil.htm (knowledge of demilitarization codes) 9~ DLA Operations www.dla.mil (DLA handbook) LESO Operations www.dla.rnil/j-3/Ieso (1033 Program/Automation training guides) DRMS Operations www.drms.dla.mil (automation requisitioning process/procedures) THE STATE WILL: a. Receive applications for participation in this program from its law enforcement activities and validate with signature, their law enforcement mission prior to forwarding to LESO for approval as an authorized LEA. Once the approval process is completed and the agency is loaded in the DRMS automated requisitioning system, provide enrolled LEAs with their LEA TD number so they may request materials on-line. b. Forward requests to LESO for excess property that is necessary to meet requirements for LEA efforts. Assure the recipient LEA is identified on all requisitions. c. Be responsible for the transfer and/or allocation of property to qualified LEAs. d. Assure the LEAs agree to maintain, at no expense to the U.S. Government, adequate liability and property damage insurance coverage and workmen's compensation insurance to cover any claims. e. Control and maintain accurate records on all property obtained under this plan. These records must provide an "audit trail" for individual items of property from receipt to distribution. These documents include but are not limited to the following: DRMS Form 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and turn-in), all disposal and transfer paperwork, approved ATF Form l Os, Certificate of Aircraft Registration {AC Form 8050-3), Aircraft Registration Application (AC-Form 8050-1) and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program and this property. f. Enter into agreements with LEAs to assure they fully comply with the terms, conditions and limitations applicable to property transferred pursuant to this plan/program. g. Allow a maximum o.f four (4) screeners, full-time and/or part-time, sworn and/or non- sworn officers, per LEA performing this duty. The screeners must be named in a "Ietter of authorization/datasheet" provided to the LESO, to be updated as changes occur, or whenever LESO requests an update. A weapons point of contact (POC) fulltime offtcer must be included on the "Ietter of authorization/datasheet" for any LEAs that have received or are requesting weapons. NOTE: A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. h. Assure that all environmentally regulated property is handled, stored and disposed of in accordance with applicable Federal, State and local environmental laws and regulations. Assure that the following weapons are registered with the U.S. Treasury Department's ATF: M14, M16, M21 and M79. The State and each LEA must comply with all applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to DLA, LESO not later than seven {7) working days after it is discovered. The State Coordinator must provide a weapon POC on all LEA data sheets. All weapon transfers between LEAs must be approved by the LESO before it is completed. Maintain an approved copy of the ATF Form ] 0 for all M 14, M 16, M21 and M79 rifles issued to State/LEA. j. Identify to LESO each request that will be used in counterdrug/counterterrorisrn activities. k. Ensure LEAs are aware of their responsibilities in accordance with the Single Audit Act of 1984, as amended (31 U.S.C. 7501-7). Assist LEAs by providing information, as required, for audit submission. Assist LEAs by identifying which property oversight agency the audit information must be submitted to. 1. Review and update State Plan oPOperation annually (calendar year) or when the Governor- appointed State Coordinator changes or Governor changes. If there are no changes to the State Plan of Operation send a signed letter/email to the LESO indicating that the plan has been reviewed and no changes were necessary. m. Ensure all LEAs enrolled in the State 1033 Program maintain a current copy of the State Plan of Operation or MOU. n. Conduct periodic reviews of each LEA enrolled in the program, to include physical inventory/spot checks, of propcrty received and any related records. Additionally, ensure LEAs are in compliance with applicable Memorandum of Agreement (MOA)/MOU and/or the State Plan of Operation. These reviews must be documented and maintained by the State Coordinator for future LESO compliance reviews. o. Obtain reconciliation reports fiom the LESO website and conduct monthly reconciliations on all items received and annual reconciliations for high dollar items (items valued over $20,000) and Demil B-Q items between the State/LEA and LESO. p. Ensure seriaUtail numbers are provided to LESO on items such as peacekeepers/armored personnel carriers (APCs), aircraft, night vision goggles (NVGs)/sights and weapons. to q. Validate and certify LEA inventory reconciliation results electronically and forward them to LESO within 10 working days of the monthly or annual reconciliation process. Maintain a signed copy of all property reconciliation documentation received through the 1033 Program. r. Submit requests for property returns (turn-ins to a DRMO) to LESO. Note: Costs of shipping or repossession of the property by the U.S. Government will be borne by the LEA. s. Submit disposal, transfer and inventory adjustment requests to LESO. t. Contact the LESO in writing not later than 30 calendar days prior, to a State Coordinator change. u. All property transfers will cease ifno current Governor's letter is an file; the State has not signed the MOA with DLA; the State Coordinator or POC does not validate all property requests and there is no State Plan of Operatian on file. THE LAW ENFORCEMENT AGENCY WILL: a. Submit applications for participation in this program to the State Coordinator for approval. Upon request from the State Coordinator or LESO provide a mission statement. b. Submit requests for property (electronically}. Provide justification for all requisitions to the State Coordinator. c. Agrees to maintain, at no expense to the U.S. Government, adequate liability and property damage insurance coverage and workmen's compensation insurance to cover any claims. d. Control and maintain accurate records on all property obtained under this plan. These records must provide an "audit trail" for individual items of property from receipt to distribution. These documents include but are not limited to the following: DRMS Form 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and turn-in), all disposal and transfer paperwork, approved ATF Form l Os, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC-Form 8050- 1)and any pertinent paperwork through the LESO. The records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations for the program and this property. e. Comply with the terms, conditions and limitations applicable to property transferred pursuant to this plan/program. f. Allow a maximum of four (4) screeners, full-time and/or part-time, sworn and/or non- sworn officers, per LEA performing this duty. T1~e screeners must be named in a "letter of authorization/datasheet" provided to the .l.ESO, to be updated as changes occur, or whenever LESO requests an update. A weapons POC fulltime officer must be included on the "letter of authorization/datasheet" for any LEAs that have received or are requesting weapons. NOTE: A maximum of two (2) of the authorized screeners may physically screen at any DRMO at one time. Appoint a Property Accountable Officer responsible for approving/disapproving all property requests and maintaining all accountable records for property received. g. Assure that all enviromnentally regulated property handled, stored and disposed of in accordance with applicable Federal, State and local environmental laws and regulations. h. Assure that the following weapons are registered with the U.S. Treasury Department's ATF: M14, M16, M2] and M79. Recipients must comply with all applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to LESO through the State Coordinator not later than seven (7) working days after the incident has occurred. The LEA must provide a weapon POC on all data sheets. All weapon transfers between LEAs must be approved by the LESO before it is completed. LEA must maintain an approved copy of the ATF Form 10 for all M 14, M 16, M21 and M79 rifles received. i. Identify to LESO each request that will be used in counterdrug/counterterrorism activities. j. LEAs enrolled in the State 1033 Program must maintain a copy of the State Plan of Operation or MOU. k. LEAs must be aware of their responsibilities under the Single Audit Act of 1984, as amended (31 U.S.C. 7501-7}. Conduct periodic reviews to include physical inventory/spot checks of actual property and related records. Ensure compliance with applicable M:OA/MOU and/or the State Plan of Operation. m. Obtain reconciliation reports from the State Coardinator and conduct monthly and annual reconciliations. Provide reconciliation results to the State Coordinator. n. Ensure serial/tail numbers are provided to the State Coordinator on items such as peacekeepers/APCs, aircraft, NVGs/sights and weapons. o. Conduct inventory reconciliations and provide inventory reconciliation results electronically to the State Coordinator within 10 working days of the monthly or annual reconciliation process. Maintain a signed copy of all property reconciliation documentation received through the 1033 Program. p. Submit requests for property rehuns (tum-ins to a DRMO) to the State Coordinator. Note: Costs of shipping or repossession of the property by the U.S. Government will be home by the LEA. q. Submit disposal, Uansfer and inventory adjustment requests to the State Coordinator. r_ Contact the State Coordinator, in writing, not later than 30 days prior, when property accountable officer changes. IN WITNESS Tl-gERECF, the parties hereto have excoutcd this agreement as of the last date written below. ~ {~ '~ .~'r at Coordinator Signature I ~•' _J. D. Solie _ ___ Type/Print Name and Title L~atc~ Date: /~/~.~ /~OD9° / ~ ~M f~s ~~ V~-~~~i~/~ Type/Prim Name and Title