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CM-07-06-099TEXAS 1033 SURPLUS PROPERTY PROGRAM Application Packet Instructions 1. LESO — Law Enforcement Agency Data Sheet Complete the following fields on the LESO Data Sheet a. Date — enter current date b. Agency — enter agency's full name c. Address, City, State, Zip, Email, Phone and Fax — PO Boxes are not authorized d. Number of Sworn Officers — enter quantity of sworn officers for each sub category (F/T. P/T, Reserve) e. Screeners & Weapons POCs — List personnel that are authorized to screen and receive surplus property f. Inventory Check — check the appropriate block for the type of loaned property g. State & Local Agencies — enter Chief Executive Official's Name and Rank DO NOT ENTER ANY DATA IN THE `FEDERAL AGENCIES' BLOCK 2. TX 1033 — Supplemental Data Sheet Complete the following fields on the State Data Sheet a. Date — enter current date b. Agency — enter agency's full name c. Phone / Alternate Phone d. Fax e. Website f. Screener's Data g. Weapons Officer's Data h. Agency Chief Executive Official — enter Name, Title and Email address i. Authorized Official — enter Name, Title and Email address 3. TX 1033 — Application Letter Read and complete the following fields on the Application Letter a. Agency — enter agency's full name b. Agency Chief Executive Official — enter Date, Name and Title of official c. Authorized Official — enter Date, Name and Title of official 4. TX 1033 — Release of Liability Read and complete the following fields on the Release of Liability a. Agency — enter agency's full name b. City / County — enter the city and county the applicant agency resides c. Agency Chief Executive Official — enter Date, Name and Title of official d. Authorized Official — enter Date, Name and Title of official Print each form for signature: The Agency Chief Executive Official is required to sign each form on the designated area. The Authorized Official is required to sign the Supplemental Data Sheet, Application Letter and Release of Liability on the designated area. ern. -oil -o4 -Mg LAW ENFORCEMENT AGENCY DATA SHEET FEDERAL AND STATE DATE: June 01, 2007 AGENCY: Round Rock Police Department ADDRESS(No P.O. Box): CITY: ZIP: PHONE: Round Rock 615 East Palm Valley 78664 (512)-218-5500 EMAIL: STATE: Texas FAX: (512)-218-6681 FULL TIME: 158 NUMBER OF SWORN OFFICERS PART TIME: RESERVE: SCREENERS & WEAPONS POCS MUST BE AUTHORIZED IN WRITING BY THE GOVERNOR APPOINTED STATE COORDINATOR Sergeant Nathan Zoss nzoss@round-rock.tx.us Officer Mike Losoya mlosoya@round-rock.tx.us SCREENER #1: SCREENER #2: SCREENER #3: SCREENER #4: WEAPONS POC: Officer Brent Smith ssmith@round-rock.tx.us Inventory Check Does the Agency currently have any Equipment from the 1208/1033 Program: " YES r NO Weapons: r YES r' NO Aircraft: r YES rNO APCs: FX YES r NO By signing this request, the Chief Executive Official or Head of Agency is aware of property currently in the possesion of their department. STATE & LOCAL AGENCIES CHIEF EXECUTIVE OFFICIAL SIGNATURE: STATE COORDINATOR SIGNATURE: HEAD OF AGENCY SIGNATURE: FEDERAL AGENCIES TEXAS 1033 SURPLUS PROPERTY PROGRAM SUPPLEMENTAL DATA SHEET Date: ;limp 01, 2007 Agency:Round Rock Police Department Phone: ( 512) 218- 5500Alternate Phone: ( 512) 218- 6667 Fax: (512 218. 6681 Website (if applicable): I,rrp: //www. roundrocktexas.gov/police Screener #1: Screener #2: Screener #3: Screener #4: Sergeant Nathan Zoss RANK / NAME / E-MAIL ADDRESS Officer Mike Losoya RANK / NAME / E-MAIL ADDRESS RANK / NAME / E-MAIL ADDRESS RANK / NAME / E-MAIL ADDRESS Weapons Officer: Offs ger Brent Smith RANK / NAME / E-MAIL ADDRESS nzoss@round-rock.tx.us mlosoya@round-rock.tx.us ssmith@round-rock.tx.us AGENCY CHIEF EXECUTIVE OFFICIAL' Signature:\ k,r‘ iO L -4) --- Name: Bryan H. Williams Title: Chief of Police Email: bwilliams@round-rock.tx.us A THORIZED OFFICIAL2 Signature: Name: Title: Email: jnuse@round-rock.tx.us m Nuse City Manager -$-07 1 Agency Chief Executive Official - Chief of Police or County Sheriff. 2 Authorized Official - County Judge, Mayor, or City Manager/Administrator, University/College President or Director. TX 1033 Form Al JUNE 2007 TEXAS 1033 SURPLUS PROPERTY PROGRAM APPLICATION LETTER TO: JFTX-LES-CD/1033 ATTN: Texas 1033 Program 2200 W. 35TH Street BLDG 41 Austin, TX 78703 AGENCY: Round Rock Police Department SUBJECT: Request Authorization for Screening and Receiving Surplus Property 1. Our Agency request that the personnel listed on the attached Law Enforcement Agency (LEA) Data Sheet be granted authorization to screen for and receive 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 fourteen (14) days or sooner if so directed by the DRMO. Failure to claim and remove property may 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, bartered or transferred without prior notification, written authorization and instructions from the Texas 1033 Program, including instances in which property is no longer serviceable for law enforcement use. 5. We understand and acknowledge that at no time can transferred aircraft or weapons be sold. Additionally, assigned aircraft or weapons can not be disposed of, bartered or transferred without written consent from the Texas 1033 Program. Failure to comply will result in eternal termination from the program and possible civil or criminal prosecution. 6. We have read and understand, in its entirety, the Texas Military Surplus Property and 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. 7. 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. n " O'7- i TX 1033 Form A2 z00'7 1 of 2 8. We understand and agree that our authorization to screen and receive property expires one year from the Law Enforcement Support Office (LESO) authorization letter date. We also understand that it is our responsibility to submit a new Texas 1033 Program application packet each year prior to the one year anniversary of our Authorization Letter and/or when there are administration changes and a new LEA Data Sheet when there are any personnel changes. Failure to comply may result in suspension from the program and possible teimination. 9. We understand that the inventory form (TX 1033 Form A6) will be completed and maintained for all transferred property. Additionally, we acknowledge that the inventory form must be submitted annually with the application packet to maintain compliance with program policies. Failure to comply may result in suspension of the program and possible termination. 10. 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 Title to a Vehicle (SF 97); and (2) the Texas Certificate of Title (Form 30-C) to the Texas 1033 Program Office within thirty (30) days of receipt. AGENCY CHIEF EXECUTIVE OFFICIAL': 21A414Arx Signature Bryan H. Williams, Chief of Police Name / Title AUTHORIZED OFFICIAL2: S ture JArnes 11%u5E,1?6.) 6iTy17)Ati'AgEk, Name / Title 64,101010-1 Date 10-8 -97 Date 1 Agency Chief Executive Official — Chief of Police or County Sheriff. 2 Authorized Official — County Judge, Mayor, or City Manager/Administrator, University/College President or Director. TX 1033 Form A2 JUNE 2007 2 of2 TEXAS 1033 SURPLUS PROPERTY PROGRAM RELEASE OF LIABILITY AGENCY: Roundf94-ice Department Round Rock/Williamson City / County , Texas The Texas Law Enforcement Agency (LEA) designated above acknowledges receipt of excess property from the Department of Defense 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 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 or 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 State of Texas or the Texas Joint Military Forces to provide appropriate or adequate training to any person using the Transferred Property. The Department of Defense, the State of Texas nor the Texas Joint Military Forces assumes any liability for damages or injuries to any person or property arising from the use 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. The LEA accepts Transferred Property "as is" with no warranty of any kind. The Department of Defense, the State of Texas nor the Texas Joint Military Forces make any claims or warranties, expressed or implied, concerning the Transferred Property, including but not limited to 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 (BATF) 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 the State Coordinator's Office 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. TX 1033 Form A3 JUNE 2007 1 of2 The LEA acknowledges that Transferred Property may be disposed of only with written approval from the State Coordinator's Office and in accordance with local, state, federal laws, and the regulations and guidelines of the 1033 Program prescribed by the Law Enforcement Support Office. The LEA specifically acknowledges that the preceding rule includes, but is not limited to the transfer, destruction or abandonment of any Transferred Property constituting small arms/weapons and weapons parts. Subject to the conditions set forth herein, title to the Transferred Property is assumed by the LEA upon written acceptance hereof from the LEA. By signing below, the Agency Chief Executive Official and the Authorized Official acknowledge and understand all previously stated guidelines and conditions. AGENCY CHIEF EXECUTIVE OFFICIALI: AAA iebn. k.)009,Lbr.Y1/4 VleiVWD/ Signature k Date Bryan H. Williams, Chief of Police Name / Title AUTHORIZED OFFICIAL2: S ature Date �lilmes R. Aki6) P. 1 T y mfi-mil6-6-e, Name / Title * The National Firearms Act, 26 U.S.C. section 5801 et seq., defines a firearm to include machine gun. 26 U.S.C. Section 5845(a)(6). That same act, defines a machinegun as follows: 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 combination of parts designed and 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. 1 Agency Chief Executive Official — Chief of Police or County Sheriff. 2 Authorized Official — County Judge, Mayor, or City Manager/Administrator, University/College President or Director. TX 1033 Form A3 JUNE 2007 em -i -062-0q 2 of2 CITY MANAGER BLUE SHEET FORMAT PLEASE BE SURE ALL AREAS OF THIS FORM HAVE BEEN FILLED OUT. DATE: June 1, 2007 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: Police Department Nathan Zoss/Sherrill Voll 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. Funding: Cost: $0.00 Source of funds: N/A 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