HomeMy WebLinkAbout15.B.2. Surplus Equipment Program Agreement
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CITY OF SHAKOPEE CONSENT
Police Department
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Dan Hughes, Chief ofPOlice./fY
SUBJECT: Surplus Equipment Program
DATE: January 10, 2005
INTRODUCTION:
Council is asked to consider allowing authorized city officials to enter into an agreement
between the State of Minnesota and Minnesota Law Enforcement Agencies for the 1033
Surplus Equipment Program.
BACKGROUND:
Beginning in the early 1990' s, the Department of Defense allowed some of their excess
personal property to be transferred to local governments for their use. In the past the City
has received weapons (primarily rifles), gas masks, helmets, and clothing. Theproperty
from the Department of Defense is provided to the City free of charge. The City is only
accessed processing and shipping costs. We have found this to be an exceptionally good
value for obtaining useful and needed equipment at very little cost to the City.
ALTERNATIVES
1. Authorize the agreement.
2. Do not authorize the agreement.
3. Table and provide direction to staff.
RECOMMENDATION
Alternative #1. Staff recommends Council authorize city officials to enter into this
agreement.
ACTION REQUESTED
If the Council concurs, they should, by motion, authorize city officials to enter into the
agreement between the State of Minnesota and Minnesota Law Enforcement Agencies
1033 Surplus Equipment Program and move its adoption.
DH:pm
Attachment: 1033 Surplus Equipment Program Agreement
Memo - January 10, 2005 2
Surplus Equipment Program
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1033 SURPLUS
EQUIPMENT PROGRAM
AGREEMENT BETWEEN
THE
STATE OF MINNESOTA
AND
MINNESOTA LA W ENFORCEMENT
AGENCIES
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STATE OF :MINNESOTA 1033 PROGRAM
PLANS, POLI~mSAND .PROCEDURES
PURPl>SE:
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
counterdruglcounterterrorism activities, under such tenns 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 defmed by
the DLAregulation (this is referring to DLA Directive (DLAD) 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 may need to
be provided along with the datasheet. If the enrolhnent request is approved by the State
Coordinator, it will be forwarded to the LESO. If approved by LESQ, the State Coordinator
will be contacted and provided with 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 tenns 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 Office (DRMO), however, the
State Coordinator must provide the LEA with their LEA identification (ID) number so they may
screen and request materials using automation.
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. LEA Screener Criteria: Must be full-time and/or part-time, sworn and/or non-sworn officers
assigned to the LEA perfonning this duty:.. ~EAs ar~ ,allowed a maximum of four screeners per
agency. A maximwn of two of the authorized screeners may physically screen at any DRMO at
one time., , H.,:';+~='::::':;;::::;;.::;~~L,,;
. Identification! Acquisitionffransportation of Property: LEAs find needed property
electroniCally through the Defense Reutilization and Marketing Service (DRMS) website:
www.dnns.dla.mil or by physically visiting the nearest DRMO. Once property has been
identified, LEAs submit a manual or electronic DRMS Fonn 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 the Military Standard Requisitioning and Issue Procedures or a manual DD
Fonn 1348 is sent to the State Coordinator. It is the responsibility of the StatelLEA 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 ninety 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:
counterdruglcounterterrorism and thenany other law enforcement activities.
. Security of Property: It is the responsibility of the gaining StatelLEA to safeguard all property
received through the 1033 Program. Should any property become lost due to theft, destruction
or unauthorized sale/disposal, this infonnation must be forwarded to the State Coordinator
within seven working days after the incident. The State Coordinator will contact the LESO for
additional guidance.
. Accountability of Property: The State and 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 docrnnents include but are not limited to
the following: DRMS Fonn 103 with all justifications or printouts of automated requests, DD
Fonn 1348 (receipt and turn-in), aU disposal and transferpaperwork, approved Bureau of
Alcohol, Tobacco and Fireanns(ATF) Ponn lOs, Certificate of Aircraft Registration (AC Fonn
8050-3), Aircr~ft Registration Application (Ae-Ponn 8050-1) and any pertinent paperwork
through the LESO. The records maintained must also satisfy any and all pertinent requirements
under its applicable State statutes and regulations for the program and this property.
. EstabUsh Inactive File: As of October 1, 2003, the LESO will institute a five year file
retention policy. This policy will state that LESO will maintain active fIles for two years and "
inactive files for three years. After five years, the fIles are destroyed with the exception of
DEMIL code B through Q, sensitive items and $20,000 or more high dollar items.
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. Utilization of Property: Property received through the 1033 Program must be placed into use
within one year of receipt and utilizec;l for a I!1it:timum of one year, unless the condition renders
it unusable. If property is not placedk use within: o~e yearof receipt, it mU$tqe transferred to
another autho.rized agencY~eu~turnedJo a DRMo. . P~erty returns/tum';'ins Illust 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:
http://www.demil.osd.mil Defense Demilitarization and Trade Security Controls Program
http://www.dtic.millmctl Military Critical Technologies List
http://www.dnns.dla.milldrms/intemalldemil/CriticalBuzzKevPi.pdf Critical Federal
Supply Class and Buzz words
http://www.drms.dla.milldnns/intemalldemillFSCAP.pdf Flight Safety Critical Aircraft
Parts (FSCAP)
. Disposal of Property: LEAs must request approval, in writing, from their State Coordinator
before any 1033 property is disposed. The State Coordinator will request final 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, P, 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.
0 DEMlL code A: does not require demilitarization and may be disposed after obtaining
State Coordinator and LESO approval.
0 DEMIL code B: does not require demilitarization and may be disposed or returned to a
DRMO. If disposed, it must be in accordance with Trade Security Controls (YSC) (see
DOD 4160.21-M, Defense Material Disposition Manual; DOD 4160.21-M-l, Defense
Demilitarization Manual; DRMS-I 4160.14, Volume VII).
0 DEMIL code 9: 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-I, Defense Demilitarization Manual; DRMS-I4160.14,
Volume VTI).
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. Specific Requirements for disposa1ofMWlitions Lists Items (MLI)/CCLI
(DEMIL codes B an~,Q) ~x~erpt frO!!! DOD 4160.21-M:
"-.. ,-<>"..,..-
....- <1:'5L !". .13~fQJ:<tdisposing.of MLI/cCLr 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;
. 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, debannent or other sanctions under
public law
0 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 Fonn 1348-IA). With few
exceptions, the State/LEA will be asked to coordinate the turn-in with a local
DRMO. The StatefLEA infonns LESO which DRMO has agreed to accept the
turn-in. LESO will then provide turn-in docwnentation to the accepting DRMO.
Upon receipt of the turn-in documentation, the LEA must return the property to
the specified DRMO. TheDRMO 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 fOlwarded to the State Coordiriator for their files. (see DOD
4160.21-M,Defense Material DispositionManual; DOD 4160.21-M-l, Defense
Demilitarization Manual; DRMS-! 4160.14, Volume VIr for DEMILrules).
. Training: The State Coordinator, hislher staff and LEAs should be trained/familiar with
guidance on the following websites:
. ABCs of DE MIL WWW.hr.dla.milldtc/coursecatalog/PD/abcdmil.htm (knowledge of
demilitarization codes)
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. DLA Operations www.dla.mil (DLA handbook)
. LESO Operations www.dla.milJi-3/leso (1033 ~rogram/1\utoE1a~o.Q-cctE~ipng 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 enfor~ement 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: DRMS Fonn
103 with all justifications or printouts of automated requests, DD Fonn 1348 (receipt and
turn-in), all disposal and transfer paperwork, approved ATF Fonn lOs, Certificate of
Aircraft Registration (AC FOI1l1 8050-3), Aircraft Registration Application (Ae-Fonn 8050-
I) and any pertinent paperwork through the LESO. The records maintained must also
satisfy any and all pertinent requirements under its applicable State statutes 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 of four 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
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 authorizationldatasheet" for any LEAs that have
received or are requesting weapons. NOTE: A maximum of two of the authorized
screeners may physically screen at any DRMO at one time.
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h. Assure that all enviromnentaIly regulated property is handled, stored and disposed of in
accordance with applicable Federal, S,tate ~d ~ocal environmental laws and regulations.
i. Assure thllt the followingw~.RQIl~:a~!:registeredwithtlte"Q~.J:!:easuryDepaItm.ent'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
the DLA, LESO not later than seven 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 10 for all M14, M16, M2l and M79 rifles'issued to
State/LEA.
j. Identify to LESO each request that will be used in counterdrug/counterterrorism
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 of Operation annually (calendar year) or when the Govemor~
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 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, quarterly and
annual reconciliations between the StatelLEA and LESO.
p. Ensure serial/tail numbers are provided to LESO on items such as Peacekeepers/annored
personnel carriers (APCs), aircraft, night vision goggles (NVGs)/night vision sights (NVSs)
and weapons.
q. Validate and certify LEA inventory reconciliation results electronically and fOlWard them to
LESO within ten working days of the monthly, quarterly or annual reconciliation process.
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Maintain a signed copy of all property reconciliation documentation received through the
1033 Program.
-'.- -. Submitrequestsf$J?r()perty ~e~s.(~~~t() a DRMQ} to LESO. NOTE:~Costsof "_
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 thirty calendar days prior, to a State Coordinator
change.
u. 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 pac does not validate all property
requests and.there is no State Plan of Operation on me.
THE LEA 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 worIanen'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 Fonn
103 with all justifications or printouts of automated requests, DD Fonn 1348 (receipt and
turn-in), all disposal and transfer paperwork, approved A TF Fonn lOs, Certificate of
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC-Fonn 8050-
1) and any pertinent paperwork through the LESO. The records maintained must also
satisfY any and all pertinent requirements under its applicable State statutes 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 screeners, full-time and/or part-time, sworn and/or non-sworn
officers, per LEA perfonning 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 POC fulltime officer must be included
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on the "letter of authorizationldatasheet" for any LEAs that have received or are
requesting weapons. NOTE: A plaximum of two of the authorized screeners may
physically screen at any DRMO at" one time. Appoint a property accountable officer
'^'- ".... respo~sible for approving/disapproving all property ,reCjl!eiiJs andmairitaiiiirig'a1f~.......
..., accoiitltable records for propert}ireceived: ..... .,
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 frreann laws and
regulations. Report all stolen or unaccounted for weapons to LESO through the State
Coordinator not later than seven working days after the incident has occurred. The LEA
must provide a weapon pac 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 Fonn 10 for all Ml4, M16, M21 and M79 rifles received.
i. Identify to LESO each request that will be used in counterdruglcounterterrorism 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).
1. 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 monthly, quarterly and
annual reconciliations. Provide reconciliation results to the State Coordinator.
n. Ensure seriaVtaiI numbers are provided to the State Coordinator on items such as
Peacekeepersl APes, aircraft, NVGslNVSs and weapons.
o. Conduct inventory reconciliations and provide inventory reconciliation results electronically
to the State. Coordinator within ten working days of the monthly, quarterly or aImual
reconciliation process. Maintain a signed copy of all property reconciliation documentation
received tlrrough the 1033 Program.
p. Submit requests for property returns (turn-ins to a DRMO) to the State Coordinator.
NOTE: Costs of shipping or repossession ofthe property by the U.S. Government will be
borne by the LEA.
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q. Submit disposal, transfer and inventory adjustment requests to the State Coordinator.
'..,';,; -." .~~;~~t;:~,::-~~;;~~ -,"-
r. Contact the State Coordinator, in writing, not later than thirty days prior, when property
accountable officer changes.
IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date
written below.
CHAD M. SACKETT JOHN J. SCHMITT
MAJ, IN MNARNG MAYOR, City of Shakopee
State Coordinator
Date Date.
MARK MCNEILL JUDITH COX
Shakopee City Administrator Shakopee City Clerk
Date
.~ ~
Date ojl {)(
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