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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACfION
From: Michael A. Billdt, Chief of Police
Subject: Resolution of the City of San.
Bernardino authorizing the Chief of Police to
execute a Memorandum of Agreement and
Understanding with the State of California to
participate in the California Counter Drug
Procurement 1033 Excess Property Program.
Dept: Police Department
Date: January 18,2007
MlCC Meeting Date: 2/ 20/ 2007
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt resolution.
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MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person:
Capt. Steve Klettenberg
Phone: 384-5606
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS:
N/A
Amount:
Source:
Finance
Council Notes:
Agenda Item No.~
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gTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACfION
STAFF REPORT
SUBJECT
Resolution of the City of San Bernardino authorizing the Chief of Police to execute a
Memorandum of Agreement and Understanding with the State of California to participate in the
California Counter Drug Procurement 1033 Excess Property Program .
BACKGROUND
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 Department of Defense (DaD) and
that the Secretary determines what is suitable to be used by Law Enforcement Agencies (LEA's),
with an emphasis on counter drug/counter terrorism activities.
The Defense Logistics Agency (DLA) determines whether property is suitable for use in law
enforcement activities and has final authority to determine the type, quantity, and location of
excess personal property suitable for these purposes; such property will be transferred to the
State. Property available under this agreement is for the current use of authorized program
participants; it will not be issued for speculative future use. Property will not be obtained for the
purpose of sale, lease, rent, exchange, barter, or to secure a loan, or to otherwise supplement
normal LEA budgets. All requests for property will be based on bona fide . law enforcement
requirements. Any transportation, repair, maintenance, insurance, disposal or other expenses
associated with these items is the sole responsibility of the LEA.
The Governor of California has designated the Office of Emergency Services (OES) to
implement this program statewide as the California Counter Drug Procurement 1033 Excess
Property Program.
The Police Department must request enrollment in the program by completing a certification
application. This certification application must include: agency description; signed copy of the
liability release form; compliance with current laws statement; and signed copy of the screeners
data sheet. By signing the agreement to accept excess property under this program, the Police
Department pledges that it will comply with applicable provisions of various national policies
prohibiting discrimination (i.e., race, color or national origin, age, handicap). The agreement
specifies the method to identify/acquire property, timelines to utilize the property, property
accountability requirements and the transfer/turn-in/disposal of property. The Police Department
must provide a "Release of Liability" and maintain, at no expense to the U.S. Government,
adequate liability and property damage insurance coverage and Workmen's Compensation to
cover any claims.
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FINANCLALI~ACT
None.
RECOMMENDATION
Adopt resolution.
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF AGREEMENT AND
3 UNDERSTANDING WITH THE STATE OF CALIFORNIA TO PARTICIPATE IN THE
CALIFORNIA COUNTER DRUG PROCUREMENT 1033 EXCESS PROPERTY
4 PROGRAM.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor and Common Council of the City of San Bernardino do hereby
8 authorize the Chief of Police to execute a Memorandum of Agreement and Understanding with the
9 State of California to participate in the California Counter Drug Procurement Program.
10 SECTION 2. The Mayor and Common Council of the City of San Bernardino do hereby
II ratify the execution of the Law Enforcement Agency Certification Letter and Release of Liability,
12 both of which were executed by Chief Michael A. Billdt on March 2,2006.
13 SECTION 3. Authorization is rescinded if the Memorandum of Agreement and
14 Understanding is not fully executed within 120 days ofthe passage ofthis Resolution.
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c2/()O/o7
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF AGREEMENT AND
3 UNDERSTANDING WITH THE STATE OF CALIFORNIA TO PARTICIPATE IN THE
CALIFORNIA COUNTER DRUG PROCUREMENT 1033 EXCESS PROPERTY
4 PROGRAM.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on
7
day of
,2007, by the following vote, to wit:
8 Council Members:
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELL Y
14 JOHNSON
15 MCCAMMACK
16
17
AYES
NAYS
ABSTAIN ABSENT
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19
20
21
22
23
es F. Penman, City Attorney
The foregoing resolution is hereby approved this
Rachel G. Clark, City Clerk
day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
24
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26
27
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Governor's Office of Emergency Services
California Counter Drug Procurement Program
CALIFORNIA STATE PLAN OF OPERATION
Memorandum of Agreement and Understanding
Federal Excess Property Program 1033
NAME OF LAW ENFORCEMENT AGENCY SAN BERNARDINO POllCE DEPARTMENT
PURPOSE:
The purpose of this State Plan of Operation - Memorandum of Agreement and Understanding
(MOAIMOU) is to set forth the terms and conditions that will be binding between the California Counter
Drug Procurement Program (CCDPP) and certified California Law Enforcement Agencies (LEAs) with
respect to excess Department of Defense (DOD) personal property that 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 counter drug/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 (DLA) in determining whether property is suitable for use by agencies in law
enforcement activities.
ORGANIZATIONAL AUTHORITY
The Governor of California has designated the Office of Emergency Services (OES) Executive Director as
State Coordinator to implement this pr~ram statewide. Under the auspices of the OES Executive
Director, delegated operational authority been assigned to the Law Enforcement and Victim Services
Division-Public Safety Branch-Gang Violence and Counter Drug Procurement Section and is operating as .
the California Counter Drug Procurement Program (CCDPP) 1033 Excess Property Program.
STAFFING AND FACILITY
Under the CCDPP, the 1033 Coordinators, herein referred to as the "State Coordinator" (SC) and
designated State Point of Contact (SPOC), have operational authority for the daily conduct, management,
oversight and policy of this program. This responsibility also includes assuring that all program
participants comply with applicable Federal and State laws and directives related to this program.
TERMS AND CONDITIONS
. Law Enforcement Agency (LEA) Eligibility Criteria: in determining whether property is suitable for use
by agencies in law enforcement activities the Defense Logistics Agency (DLA) defines law enforcement
activities as activities performed by government agencies whose primary function is the enforcement of
applicable Federal, state and local laws and whose compensated law enforcement officers have powers of
revised sept.2006
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arrest and apprehension. The Department of Defense (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, which will be transferred to the State. This agreement creates no entitlement for the LEA
to receive DOD excess personal property. Property available under this agreement is for the current use of
authorized program participants; it will not be issued for speculative/possible future use. Property will not
be obtained for the purpose of sale, lease, rent, exchange, barter, or to secure a loan, or to otherwise
supplement normal LEA budgets. All requests for property will be based on bona fide law enforcement
requirements. The requisitioning of property for the purpose of cannibalization is not normally authorized.
Exceptions to this policy must be submitted in writing to the State Coordinator's Office/LESO for final
determination and approval. Any transportation, repair, maintenance, insurance, disposal or other expenses
associated with these items is the sole responsibility of the LEA.
. How to Enroll in the State 1033 Program: LEAs must request enrollment in the program by completing
a certification request. This certification application must include: agency description; signed copy of the
liability release form; compliance with current laws statement; and signed copy of the screeners data
sheet. The certification application should be submitted to the 1033 State Point of Contact/State
Coordinator. Upon review and approval, the SPOC/SC will forward the approved certification to the Law
Enforcement Support Office (LESO) for final approval. With LESO's approval, the SPOC/SC will
provide the agency with a LEA screener's authorization memo (Authorization Letter for Property
Screening and Receiving). Additionally, the CCDPP will provide the LEA with their identification (ID)
number so they may screen and request property through the LEEDS automation system.
By signing this agreement and agreeing to accept excess property under this program, the LEA pledges that
it agrees to comply with applicable provisions of the following national policies prohibiting discrimination:
a. On the basis of race, color, or national origin, in Title Vlofthe Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) as implemented by DOD regulations in 32 CFR part 195.
b. On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et esq.) as implemented
by Department of Health and Human Services regulations in 45 CFR part 90.
c. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amended
by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 U.S.C. 794), as implemented by
Department of Justice regulations in 28 C.F.R. Part 41 and DOD regulations at 32 C.F.R. Part 56.
. LEA Screener Criteria: May be full-time and/or part-time paid employees of the agency. Screener
may be sworn officers and/or non-sworn personnel assigned by the LEA to perform these duties. LEAs
are allowed a maximum off our (4) screeners per agency. A maximum of two (2) of the authorized
screeners may physically screen at any DRMO at one time. NOTE: The Weapons Point of Contact
(pOC) must be a paid full-time sworn officer of the LEA. Also, volunteers or contracted
employees do not quality and can not he assigned screeners for the LEA.
. Identification! Acquisition of Property: LEAs find needed property electronically through the Defense
Reutilization and Marketing Service (DRMS) website: www.drms.dla.mil or by physically visiting the
nearest DRMO. Once property has been identified, LEAs submit an on-line request via the LEEDS
system to the State Coordinator's Office. The State Coordinator approves or disapproves the request. If
the request is approved it is forwarded electronically to the LESO and if approved it goes to Military
Revised Sept. 2006
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Standard Requisitioning and Issue Procedures (MILS TRIP) for final approval. If the request is approved,
the LEEDS system will show a Request approved by Milstrip , the requesting LEA is responsible for
checking the LEEDS system and contacting the issuing DRMO to arrange pick up or transportation of
the approved item.
IMPORT ANT NOTE: LEAs have 14 days from the annrovaI date to obtain the item screened
from the DRMO and failure to obtain this item will result in the item Iwinl!: back into the system
for issuance.
. Transportation of Property: It is the responsibility of the LEA to transport requested property from the
DRMOs to their location. Additionally, transportation costs associated with the turn-in of property to a
DRMO are the responsibility of the agency. DLA will not fund the transportation cost associated with
property received under this program.
. Storage of Property: California is not authorized as a distribution center and so maintains no
warehousing facilities.
. Utilization of Property: Property received through the 1033 Program must be placed into use within
one year of receipt and utilized for a minimum of one year, unless the condition renders it unusable.
If property is not placed into use within 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 CCDPP
Office and LESO.
. Distribution of Property: LESO will approve property request for any law enforcement activities with
preferences given to counter drug/counterterrorism.
. Security of Property: It is the responsibility of the gaining 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: Along with the State, each LEA 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: form
657,657 A, 657T, 657D, 657TI, DRMS 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 5/10, Certificate of Aircraft Registration (AC Form 8050-
3), Aircraft Registration Application (AC-Form 8050-1), and any pertinent paperwork issued through the
LESO. The records maintained must also satisfy any and all pertinent requirements under California
statues and regulations for the program and this property.
. Title of Property: The DOD has authorized the transfer and use of excess Federal property to Law
Enforcement Agencies and as such reserves the right to recall any and all property issued through the
1033/1208 programs. As stipulated in Federal regulation, title may be conditionally granted to LEA,
however prior written annroval must be obtained by the LEA before the disposal, sale, auction, trade-
in, salvage or transfer of any 1033/1208 property can occur. LEAs should contact the State
Coordinator's Office for further clarification and direction.
. Inactive File: As of October 1,2003, the LESO has instituted a 5-year file retention policy. LESO will
Revised Sept. 2006
3
maintain active files for 2 years and inactive files for 3 years. After five years, the files are destroyed with
the exception of DE MIL code B through Q, sensitive items, Demil A items with an acquisition value
over $20,000 and any other high dollar items.
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. State Compliance Reviews: CCDPP will conduct periodic review 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 the California Plan of Operation. These reviews will be documented
and a copy will be sent to the LEA. Additionally, a copy will be maintained by the CCDPP office. If an
LEA isfound to be out of compliance with the terms or conditions of the State Plan of Operations, they
will be given thirty (30) days to correct the deficiencies. If the LEA fails to correct the problems, the
CCDPP Office/LESO may suspend the LEA from the program and may require the return of any and all
equipment obtained under the 1033 program.
. Turn in of Property: LEAs will coordinate all turn in request through the State Coordinator's Office
and must use form 657TI. Demil C, D, E, F, G & P items must be demilitarization and returned to a
DRMO. Turn in requests can include; items the LEA does not want to disposal of through their own
agency procedure, property that can be re-used by another LEA or property that the CCDPP or LESO has
directed the LEA to return to a DRMO. It is the responsibility of the LEA to contact a DRMO to arrange
for the return of property. Once the LEA has contacted a DRMO and they have agreed to accept the
property, the LEA will submit the 657TI to the CCDPP. CCDPP will approve the request and forward to
LESO for the issuance of the turn in 1348. Once issued by LESO, the turn in 1348 will be sent to the
CCDPP (who will forward to the LEA) and a copy will be sent to the accepting DRMO. The LEA can
then take the property back to the DRMO.
Once approved, LEAs have 14 days in which to return property. Once the documents have been signed
offby the LEA and the DRMO accepting the property copies must be sent to CCDPP
. Transfer of Property: LEAs must coordinate, in writing, transfer of 1033 property through the State
Coordinator. The State Coordinator will request final approval from the LESO. Property may be
transferred within California or between other 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 and forwarded to the LEA transferring the equipment. NOTE: no equipment is to be
physically transferred between agencies until the transfer has been approved by the California
State Coordinator and LESO. Failure to comply with this directive could result in the suspension
ofthe LEAs from the 1033 program.
. Disposal of Property: LEAs must request approval, in writing, from the State Coordinator before any
1033 property is disposed of. All disposal requests must be submitted on OES form 657D. The form
657D must be completed with the justification for disposal of this equipment and must include the
method of disposal (salvage, junk, trade-in). Once approved at the State level, the form 657D will be
forwarded to LESO for final approval. If approved a LESO approved 657D will be sent to the State
Coordinator's Office and will be forwarded to the LEA for disposal. DEMIL codes A, B and Q may be
approved for disposal in accordance with that agency's written disposal procedures. If the LEA does not
have a copy of written disposal procedures then DEMIL codes B & Q items must be returned to the
DRMO for disposal. All other DEMIL items must be disposed of as indicated below:
Revised Sept. 2006
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Items with DEMIL codes ofC, 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 LEA.
. DEMIL code A: does not require demilitarization and may be disposed after obtaining State
Coordinator and LESO approval.
. DEMIL code B: does not require demilitarization and may be disposed or returned to a DRMO.
Ifdisposed, it must be in accordance with Trade Security Controls (TSC) (see DOD 4I60.2I-M,
Defense Material Disposition Manual; DOD 4I60.2I-M-I, Defense Demilitarization Manual;
DRMS-I 4160.14, Volume VII).
. 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 (CCLl) disposition
requirements (see DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.2I-M-I,
Defense Demilitarization Manual; DRMS-I 4160.14, Volume VII).
. Specific Requirements for disposal of Munitions Lists Items (MLl)/CCLl (DEMIL
codes B and Q) excerpt from DOD 4 I 60.2 I -M:
. Before disposing ofMLI/CCLl 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
. 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-IA). 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
Revised Sept. 2006 5
Revised Sept. 2006
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 our
files. (See DOD 4l60.21-M, Defense Material Disposition Manual; DOD 4l60.21-M-l,
Defense Demilitarization Manual; DRMS-I 4160.14, Volume VII for DEMIL rules).
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For more information regarding these items, view the following links:
htto:/lwww.demil.osd.mil
Defense Demilitarization and Trade Security Controls Program
htto://www.dtic.miVmctl
Military Critical Technologies List
htto://www.drms.dla.miVdrms/intemal/demil/CriticalBuzzKevPt.odf
Critical Federal Supply Class (FSC) and Buzz words
htto://www.drms.dla.miVdrms/intemaVdemiVFSCAP.odf Flight Safety Critical Aircraft
Parts (FSCAP)
. Training: The State Coordinator, the CCDPP staff will conduct training and familiarization for
LEAs with guidance from the following websites:
. ABCs of DE MIL www.hr.dla.mil/dtc/coursecatalog/PD/abcdmil.htm (knowledge of
demilitarization codes)
. DLA operations www.dla.mil (DLA handbook)
. LESO operations www.dla.mil/i-3/leso (1033 Program/Automation training guides)
. DRMS operations www.drms.dla.mil (automation requisitioning process/procedures)
THE STATE OF CALIFORNIA (OES) 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 ID 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: form 657, 657A, 657T, 657D, 657TI, DRMS
Form 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and tum-
in), all disposal and transfer paperwork, approved Bureau of Alcohol, Tobacco and Firearms (A TF)
Form 5/10, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application
Revised Sept. 2006
7
(AC-Form 8050-1), and any pertinent paperwork issued through the LESO. The records maintained
must also satisfY any and all pertinent requirements under California statues and regulations for the
program and this property.
f. In accordance with the LESO policy CCDPP will institute a 5-year file retention policy. CCDPP will
maintain active files for 2 years and inactive files for 3 years. After five years, the files will be
destroyed with the exception of DEMIL code B through Q, sensitive items and $20,000 or more high
dollar items.
g. 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.
h. Allow a maximum of two (2) screeners per LEA to physically screen at any DRMO (one primary
and one alternate). The screeners must be named in a "letter of authorization" provided to the
cognizant LESO, to be updated every other year, or as changes occur.
i. Assure that all environmentally regulated property is handled, stored and disposed of in
accordance with applicable Federal, State and local environmental laws and regulations.
J. Assure that all weapons are registered with the U.S. treasury Department's Bureau of Alcohol,
Tobacco and Fireanns and the U. S. Army Tank Automotive and Armaments Command.
Recipients must comply with all applicable fireanns laws and regulations. The LEA will provide a
weapon's POC on its data sheet. All weapon transfers between LEAs must be approved by the
LESO before it is completed. LEAs must maintain an approved copy of the ATF Form 10 or Form
5 for all weapons.
k. IdentifY to LESO each request that will be used in counter drug/counterterrorism activities.
I. Ensure LEAs are aware of their responsibilities in accordance with the Single Audit Act of 1984, as
amended (31 U.8.C. 7501-7). Reference: (www.wllitellOuse.gov/omb/circularsla133/a133.lItml)
m. Review and/or update the Memorandum of Agreement (MOA) between DLA and the State of
California annually or when the Governor or Governor-appointed State Coordinator changes. If there
are no changes to the MOA, a signed letter/email will be sent to the LESO indicating that the plan
has been reviewed and no changes were necessary.
n. Ensure all LEAs enrolled in the State 1033 Program maintain a current copy of the California State
Plan of Operation and require a current MOAIMOU signed by the agency executive officer.
o. 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 Federal regulations and the California State Plan of Operation. These reviews must
be documented and maintained by the State Coordinator's CCDPP staff for future LESO compliance
reviews.
p. Obtain reconciliation reports from the LESO website and conduct monthly and annual reconciliations
between the State/LEA and LESO.
Revised Sept. 2006
8
q. 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.
r. 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.
s. Subrnit requests for property returns (turn-ins to a DRMO) to LESO for final approval. Note: Costs
of shipping or repossession of the property by the U.S. Government will be borne by the LEA.
t. Submit disposal, transfer and inventory adjustment requests to LESO.
u. Contact the LESO in writing not later than 30-calendar days prior, to a State Coordinator/State Point
of Contact change.
v. All property transfers 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 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 provide "Release of Liability" and 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: form 657, 657A, 657T, 657D, 65711, DRMS 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
5/10, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC-
Form 8050-1), and any pertinent paperwork issued through the LESO.
The records maintained must also satisfy any and all pertinent requirements under California 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. The screeners must be named in a "letter of
authorizationldatasheet" provided to the LESO, to be updated as changes occur, or whenever
Revised Sept. 2006
9
LESO requests an update. A weapons POC fulltime officer must be included on the "letter of
authorizationldatasheet" 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 property accountability officer responsible for approving/disapproving all property
requests and maintaining all accountability records for property received.
g. Assure that all environmentally 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, 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 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 M14, M16, M21 and
M79 rifles received.
I) The LEA accepts the transfer of weapons "as is" with no warranty of any kind
including implied warranties, such as warranties of fitness for any purpose.
2) LEA acknowledges that there are hazards associated with the use of such property, which
can cause damage to property and serious injury or death.
3) The LEA agrees to provide appropriate training to any person who may use the weapons.
4) Title is conditionally granted to the LEA upon receipt of the property however, final
disposition of all weapons obtained through the program must be approved by CCDPPILESO
prior to any action being taken by the LEA. Costs of shipping or repossession of the property
by the U.S. Government will be borne by the LEA.
5) The Department of Defense and the State Of California assumes no liability for damages
or injuries to any person or property arising from the use of these weapons.
6) The LEA shall indemnify and hold the United States government and the State Of
California harmless from any and all suits, actions, demands, or claims of any nature arising
out of the use of the property.
7) The LEA agrees to maintain, at its own expense adequate liability and property damage
insurance and workman's compensation insurance to cover any such claims.
8) The LEA certifies that no person who has been convicted of a misdemeanor crime of
domestic violence will be allowed to possess, transport or otherwise have access to any
weapons transferred under this agreement.
9) The LEA affirms that any weapon provide through this program must, if no longer needed
for LEA use, be either transferred intrastate or interstate with coordination through the
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State Coordinator and LESO, or must be returned to the U.S. Army Tank-Automotive &
Armaments Command (T ACOM) at the expense of the LEA. The weapons may not be
transferred to licensed firearms dealers or other persons.
10) Machine Guns defined by 26 U.S.c. 5845 (b) not owned by the United States
Govemment, or any agency thereof, must be registered with the Bureau of Alcohol, Tobacco
and Firearms (A TF). Unregistered machine guns transferred by DOD to civilian law
enforcement agencies may be lawfully registered by submitting an A TF form 10, Application
for Registration of Firearms
1. IdentifY to LESO each request that will be used in counter drug/counterterrorism activities.
J. LEAs enrolled in the State 1033 Program must maintain a copy of the State Plan of Operation and
annually update or certifY ''No Change" by the MOU to the State Coordinator.
k LEAs must be aware of their responsibilities under the Single Audit Act of 1984, as amended (31
U.S.C. 7501-7). Reference: (www.whitehouse.gov/omblcirculars/a133/a133.html)
I. Conduct periodic reviews to include physical inventory/spot checks of actual property and related
records. Ensure compliance with applicable MOAIMOU and/or the State Plan of Operation.
m. Obtain reconciliation reports from the State Coordinator and conduct property reconciliations as
requested by CCDPP/LESO.
n. Ensure serial/tail numbers are provided to the State Coordinator on items such as
Peacekeepers/APCs, aircraft, NVGs/sights and weapons.
o. Submit requests for property returns (turn-ins to a DRMO) to the State Coordinator. Note: Costs of
shipping or repossession of the property by the U.s. Govemment will be borne by the LEA.
p. Submit disposal, transfer and inventory adjustment requests to the State Coordinator.
q. Contact the State Coordinator, in writing, not later than 30 days prior, when the property
accountability officer changes.
OTHER TERMS AND CONDITIONS:
NOTICES:
Any notices, communications or correspondence related to this agreement shall be provided by the United
States Postal Service, express service or facsimile to the cognizant DLA office. DLA may, from time to
time, propose modifications or amendments to the provisions of this MOA. In such cases, reasonable
opportunity will, insofar as practicable, be afforded the State Coordinator to conform to changes affecting
their operations.
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TERMINATION:
This MOAIMOU may be terminated by either party, provided the other party receives sixty calendar days
(60) notice, in writing, or as otherwise stipulated by Public Law. If the LEA determines that they wish to
withdraw from the 1033 program, the disposition of the equipment acquired through the program and
currently held by the LEA will be determined by LESO/CCDPP. A final equipment disposition plan will be
prepared and sent to the LEA. The LEA will have ninety (90) calendar days to comply with the plan and any
and all disposition costs will be borne by the LEA.
IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written
below.
State Coordinator Signature
LEA Chief Executive Officer Signature
Gary Howard, 1033 State Coordinator
Type/Print Name and Title
Type/Print Name and Title
Date:
Date:
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