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CM-06-03-034CITY MANAGER BLUE SHEET FORMAT PLEASE BE SURE ALL AREAS OF THIS FORM HAVE BEEN FILLED OUT. DATE: March 3, 2006 SUBJECT: City Manager Approval ITEM: Texas 1033 Surplus Property Program The Police department has participated for years in the 1033 Program, a US government program that allows eligible law enforcement agencies to obtain free surplus military equipment. Department: Staff Person: Justification: Funding:, Cost: $0.00 Source of funds: N/A Police Department Nathan Zoss/Brenda Craytor We must update our "Law Enforcement Data Sheet" which details how many officers we have as well as other statistical information about the Department. Our staffing levels affect how much equipment we are authorized. This update requires signatures from the Chief of Police and the City Manager. Also needed is the 1033 Program Application The state office that administers the program has adopted a policy requiring each agency participating to complete the application on a yearly basis. Background Information: Over the past several years the Round Rock Police Department has obtained numerous amounts of equipment such as night vision equipment, weapons, blankets and cots for disaster relief, computers and other miscellaneous needed equipment. Updated 3-10-05 State of Texas LAW ENFORCEMENT AGENCY DATA SHEET Date: 01-31-06 Agency: Round Rock Police Department Address: 615 East Palm Valley E-mail: nzoss@round-rock.tx.us City: Round Rock State: Texas Phone: 512-218-6667 Fax: 512-218-6681 Number of Full-time, Compensated, Sworn Officers: Number of Full-time, Sworn Narcotics Officers: Number of Full-time, Sworn Tactical Officers: Number of Full-time, Sworn Diving Officers: Number of Full-time, Sworn Counter Terrorist Officers: Screener #1: (Primary Contact) Sergeant Nathan Zoss Must be Sworn Officer Rank Name Screener #2: Officer David Miller Must be Sworn Officer Rank Name Screener #3: Must be Sworn Officer Screener #4: Officer Rank Shawn Normand Name Officer Mike Losoya Must be Sworn Officer Rank Name Weapons Officer: Must be Sworn Officer Signature: Officer Rank \ Aryl Widicavvv.) Chief Ex cutive Official of Agency Name: Bryan Williams Chief executive Official of Agency Title: Chief of Police Chief executive Official of Agency *This person is the official authorized to apply for, accept, decline the executive director of a state agency, county judge, mayor, city governing body. Note: this form must be filled out annually or as changes occur by Signature: Texas 1033 Program Coordinator Brent Smith Name Zip: 78664 131 4 20 0 6 uthorized Official* Jim Nuse Authorized Official* City Manager Authorized Official* or cancel participation of the applicant agency. This person may be manager, or a designee authorized through a resolution by the the LEA and forwarded to the Program Coordinator ATTACHMENT Al RELEASE OF LIABILITY -TRANSFERRED PROPERTY AGENCY: Round Rock Police Department Williamson City / county The Texas Law Enforcement Agency ("LEA") designated above acknowledges receipt of excess property of the Department of Defense transferred pursuant to Section 1033 of the National Defense Authorization Act for Federal Fiscal Year 1997 (the "Act"). Such excess property transferred pursuant to the Act may include small arms and ammunition (hereinafter referred to collectively as the "Transferred Property"). The LEA acknowledges that the Transferred Property is considered excess to the needs of the Department of Defense and that the Transferred Property may be in any condition from new to unserviceable. The LEA acknowledges that there may be hazards associated with the use of the Transferred Property, which could cause damage to property and serious injury or death. The term "use" with respect to the Transferred Property is acknowledged to include, but is not limited to, active deployment, passive transportation, and mere possession. The LEA agrees to provide appropriate and adequate training to any person who may use the property. The LEA agrees that it IS NOT the responsibility of the Department of Defense, the Office of Adjutant General, Counterdrug Program (AGTX-CD) or the State of Texas to provide appropriate or adequate training to any person using the Transferred Property. Neither AGTX-CD nor the State of Texas assumes any liability whatsoever for damages to property or injuries/death to any person arising from the use of the Transferred Property. By signing this agreement, the LEA agrees to be solely responsible for any and all suits, actions, demands or claims of any nature arising from the use of the Transferred Property. The LEA agrees to maintain, at its expense, adequate liability and property damage insurance and workman's compensation insurance to cover any such claims. , Texas The LEA accepts the Transferred Property "as is" with no warranty of any kind. Neither AGTX-CD nor the State of Texas makes any claims or warranties, expressed or implied, concerning the Transferred Property, including but not limited to, any warranty of fitness for a particular purpose. The LEA acknowledges that any item of the Transferred Property meeting the definition of "machine gun" found in 26 U.S.C. 584(b)* must be registered with the Bureau of Alcohol, Tobacco and Firearms ("ATF") with an ATF Form -10 (Application for Registration of Firearm Acquired by Certain Governmental Entities). Upon receipt of a properly executed Form -10, ATF will accept the registration of the machine gun and notify the LEA. Any machine gun registered in this manner is restricted for law enforcement use only. The LEA agrees to provide AGTX-CD a copy of an approved Form -10 for each machine-gun that is part of any Transferred Property received. The LEA must execute a separate transfer agreement with the United States Army, through the 1033 Program, for any small arms/weapons. The LEA acknowledges that it is solely responsible for any and all costs associated with the Transferred Property, including but not limited to, packing, crating, handling, transportation, repossession, and disposal. The LEA acknowledges that Transferred Property may be disposed of only with the express approval of the 1033 Program and in accordance with local, state, and federal laws, and the regulations and guidelines of the 1033 Program. The LEA specifically acknowledges that the preceding rule includes, 12/17/02 -10 ATTACH NT A but is not limited to, the transfer, destruction or abandonment of any Transferred Property con titutin Al small arms/weapons and weapons parts.' g Subject to the conditions set fourth herein, title to the Transferred Property is assumed by the LEA upon written acceptance hereof from the LEA. The chief law enforcement executive and the authorized official signing below certify that he or she has the authority to legally bind the LEA. tiLD 1.4.414,0 LEA Chief ecutive's Signature Bryan Williams. Chief of Police LEA Chief Executive's Typed Name & Title Au d Official's Signature ** Ji e, City Manager Authorized Official's Typed Name & Title 1)310a1 Qb(D('' Date 3- 10-0(v Date * 28 U.S.C. 584{b) - The term `machine gun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed or intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. ** Authorized Official - county judge, mayor or city manager 12/17/02 -11 ATTACHMENT Al TEXAS 1033 SURPLUS PROPERTY PROGRAM APPLICATION LETTER TO: AGTX-CD Texas 1033/1122 Program P.O. Box 5218 Austin, Texas 78763 SUBJECT: Request for Screening Authorization Action 1. Our agency requests that the personnel noted on the attached Law Enforcement Agency Data Sheet be granted authority to screen for excess federal property as defined in the Defense Authorization Act, 1997, Public Law 104-181, Section 1033, Transfer of Excess Personal Property. 2. We the undersigned understand and agree that failure to comply with the terms of this application is in direct conflict with the intent of this program, and failure on our agency's part to abide by the terms and conditions of the Texas 1033 Program may result in termination from the program and other sanctions including civil or criminal prosecution. 3. We understand and agree that we are responsible for all transportation costs incident to the redistribution or collection of any transferred property. Transferred property must be removed from the Defense Reutilization and Marketing Offices (DRMO) within 14 days, or sooner if so directed by the DRMO. Failure to claim and remove property will result in the redistribution of the property to another agency. 4. We understand and agree that this property is transferred from the Department of Defense (DoD). Transferred property must have a direct application to the LEA's street law enforcement, arrest and apprehension mission. Transferred property may not be disposed of, sold, bartered or transferred without prior notification, written authorization and instructions from the Texas 1033 Program Office, including instances in which property is no longer serviceable for law enforcement use. 5. We have read and understand, in its entirety, this Texas Military Surplus Property & Procurement Program booklet. We understand and agree to comply with the terms and conditions of the Texas 1033 Program and have signed the Release of Liability Statement. 6. We understand that the Federal Freedom of Information Act and the Texas Open Records Act apply to all property received under the Texas 1033 Program. 7. We understand and agree that our authority to screen expires one year from the date on the LESO-West authorization letter. We also understand that it is our responsibility to submit a new 12/17/02 7 ATTACHMENT Al Law Enforcement Agency Data Sheet at least thirty (30) days prior to expiration of the LESO- West authorization letter, as well as anytime the information on the Data Sheet changes. 8. We understand that the LEA must compile and maintain a detailed inventory of all transferred property obtained throughout the Texas 1033 Program. We further understand that a detailed inventory report, as outlined in the program overview, (Attachment 6) is due at the Criminal Justice Division - Texas 1033 Program office not later than January 20th of every year. 9. We understand that if a vehicle is obtained through the Texas 1033 Program, the LEA will forward photocopies of both (1) the United States Government Certificate to Obtain Ti tVehicle (SF 97); and (2) the Texas Certificate of Title (Form 30-C) to the Texas 1033 Proto a office within thirty (30) days of receipt.gram AitinLo . LEA CHIEF XECUTIVE' S SIGNATURE Bryan Williams, Chief of Police LEA CHIEF EXECUTIVE'S TYPED NAME & TITLE Jim Nuse, City Manager AUTHORIZED OFFICIAL'S TYPED NAME & TITLE *Authorized official — county judge, mayor, or city manager 12/17/02 v3Da l db4 DAT 3-IP1-t� DATE 8 Request for City Council/City Manager Action City Council City Manager Submit completed form for all City Manager and City Council approvals. Department Name: Round Rock Police Department Contact Person: Rick White/Brenda Craytor Project Manager/Resource: Nathan Zoss Project Coordinator: Nathan Zoss Assigned Attorney: Council or City Manager Approval Date: Blue Sheet Wording IE ., For Admin�iistaa Use ONLY 443-0 31-1 Received: Tag # Original Documents Received: Project Name: Texas 1033 Surplus Property Program Contractor/Vendor: Funding Source: Amount: Account Number: 3 -Mar -06 State of Texas N/A $0.00 N/A The Police Department has participated for years in the 1033 Program, a U.S. Government program that allows eligible law enforcement agencies to obtain free surplus military equipment. Periodically we have to update our "Law Enforcement Data Sheet" which details how many officers we have as well as other statistical information about the Department. Our staffing levels affect how much equipment we are authorized. This update requires signatures from the Chief of the law enforcement agency and from the head of the political subdivision in our case the City Manager. Also needed is the 1033 Program Application. The Police Department last completed one of these forms in 2001, but the state office that administers the program has adopted a new policy requiring each agency participating to complete the packet on a yearly basis. Over the past several years the Round Rock Police Department has obtained numerous amounts of equipment such as night vision equipment, weapons, blankets and cots for disaster relief, computers and other miscellaneous needed equipment. Finance Information Is Funding Required? Yes Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement QPurchase Order Item(s) to be purchased: QOther (Please clearly identify action on lines below) Finance Approval EJFinance XOFinance EJPurchasing EJBudget n/a L. Olsen E. Wilson N/A CYD Amount Date 3/1/2006 Date Date Date 3/1/2006 2/28/2006 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: ,, Date: Dept. Director Signature:,� , 4.�... AA . /f Date: b31) J)1to City Attorney Signature� / / 6 — . Date: � / L City Manager Signature: a „.... Date: c4 -/O -Ob L,Eiii, . provai is required for all items. Updated 2/16/06 Message Brenda Craytor From: Nathan Zoss Sent: Tuesday, January 31, 2006 2:59 PM To: Brenda Craytor Here are the two items we needed to get City Manager signatures for. The Word document is the same as the first page of the PDF document. A brief reasoning for this: Page 1 of 1 The Police Department has participated for several years in the 1033 Program, a US government program that allows eligible law enforcement agencies to obtain free surplus equipment from the military. Over the last several years, we have probably obtained several hundred thousand dollars worth of equipment, such a s night vision equipment, weapons, blankets and cots for disaster relief, computers and so forth. We periodically have to update our "Law Enforcement Data Sheet," which details how many officers we have as well as other statistical information about the Department, as our manning levels affect how much equipment we are authorized.. This update requires signatures from the Chief of the law enforcement agency and from the head of the political subdivision, in our case the City Manager. The other document is a 1033 Program Application. We last completed one of these 2001, but the State office that administers the Program has decided that each agency participating in the 1033 Program will have to complete this packet and re -submit it each year in December. We were just informed of this policy change, and need to submit a new packet to maintain our eligibility for the program. Neither document obligates the City to spend any money or to accept any equipment. Nate Zoss Patrol Sergeant Round Rock Police Department 615 East Palm Valley Round Rock, TX 78664 512-218-6667 512-218-6681 (fax) E -Mail: Nzoss@round-rock.tx.us http://ci.round-rock.tx.us/police/ 1/31/2006