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HomeMy WebLinkAboutContract 41127TEXAS 1033 SURPLUS PROPERTY PROGRAM APPLICATION LETTER TO: Texas Department of Public Safety ATTN: Texas 1033 Program 5805 N. Lamar Blvd. BLDG "G" Austin, TX 78773 CITY SECRETARY CONTRACT NO. AGENCY: The City of Fort Worth, by and through the Fort Worth Police Department SUBJECT: Request Authorization for Screening and Receiving Surplus Property p p Y 1. Our Agency request that the personnel listed on the attached Law Enforcement Agency g Y (LEA) Data Sheet be granted authorization to screen for and receive excess federal as property 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 p agency's art 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 must be removed property 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 mayresult 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, 111 its entirety, the Texas Military Surplus Property and p Y 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 Act apply to all property received under the Texas 1033 Program. L OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TX 1033 Form A2 JUNE 2007.l...o.f..,. 8. We understand and agree that our authorization to screen and receive property expires p p y 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 g pp n packet each year prior to the one year anniversary of our Authorization Letter and/or when the re are administration changes and a new LEA Data Sheet when there are anypersonnel p changes. Failure to comply may result in suspension from the program andpossible terminat ion. 9. We understand that the inventory form (TX 1033 Form A6) will be completed p ed and maintained for all transferred property. Additionally, we inventory form e that the g must be submitted annually with the application packet to maintain compliance with pro gram p gram policies. Failure to comply may result in suspension of the program and possible termination. on. 10. We understand that if a vehicle is obtained through the Texas 1033 Program, the e 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': Signa ure Jeffrey W. Halstead/Chief of Police Name / Title AUTHORIZED OFFICIAL2: Signature Thomas Higgins/Assistant City Manager Name / Title APPROVED AS TC) FORM AND LEGALITY: pcs54- 'eITY�ATTORNjiti) EY 70121 A Date NO M&C REQUIRED Attested by: Date /0////0 69syy fist dp,„- ea-xi 00.0u000,4to f A s Marty Heridnx, City Secret6*y Agency Chief Executive Official -- Chief of Police or County 2 Authorized Official — CountyJudge,or City Mayor, y � Manager/Administrator, University/College President or Director. TX 1033 hone A2 JUNE 2007 steit 01:8 o %*000 rtdbit OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2of2 i a° u i t Olt g -t a' kit 91/4 t'0LAW ENFORCPWNT AGENCY (L24) APPLICATION )?OR PARTICIPATION 1 �a9 t fiVhter to Cl * This form must be updated and resubmitted within 30 days of any changes as they occur. Tic NEW fl UPDATE AGENCY: Fort Worth Police DepartmentDATE : (MM/DD/YYYY) 10/07/10 ADDRESS (No P.O. Box) : 350 West Belknap CITY: Fort Worth STATE: Texas ZIP: 76102 EMAIL: Jeff.Halstead@fortworthgov.org PHONE: 817-392-4210 FAX: 817-392-4216 * By signing this application, the Chief Executive Official or Head of Agency (Local Field Office) certifies that their compensated officers have the powers of arrest and apprehension. FULL-TIME: 1,524 NUMBER OF SWORN OFFICERS PART-TIME: 0 RESERVE: 38 SCREENER(S) /POC (S) , WEAPONS POC & AIRCRAFT POC MUST BE AUTHORIZED IN WRITING BY THE GOVERNOR APPOINTED STATE COORDINATOR S CREENER/POC #1 Lt. Daniel Henderson S CREENER/POC #2 Lt. David Rogers S CREENER/POC #3 Sgt. Richard Morris SCREENER/POC # 4 WEAPONS POC Officer Vange Pueblo AIRCRAFT POC Inventory Check Does the Agency currently have any Equipment from the 1208/1033 Program: WEAPONS: YES NO AIRCRAFT: YES 17 NO APCs: HMMWV: YES 15mer NO WATERCRAFT: YES pz NO VEHICLES: r r YES IR NO YES plz NO YES 17 NO * By signing this application, the Chief Executive Official or Head of Agency (Local Field Office) is aware of LESO property currently in the possession of their department or agency. * Upon acceptance into the 1033 Program, I understand that I have 30 days to familiarize myself with the State Plan of Operation and all 1033 Program guidance. STATE & LOCAL AGENCIES CHIEF EXECUTIVE OFFICIAL: Jeffrey W. Halstead PRINTED NAME STATE COORDINATOR: PRI), S IGNATURE Local Agency Signatures Continued o Next Page Michael Simpson HEAD OF AGENCY: (LOCAL FIELD OFFICE) FEDERAL AGENCIES PRINTED :;t„•fE SIGNATURE OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX CITY OF FORT WORTH, TX Thoma Assistant City Manager Date: /0////e) C, irts,"-- s Higgins Higgins APPROVED AS TO FORM AND LEGALITY: PA) rsiLffib Monica Wofford ood Assistant City Attorney Date: ATTEST: City Secretary 4)01 0 NO �� REQUIRED 1 jt - . •:_ _r =_ --5..s=r s- - 4>,ige:Sinfi 00 zeid3 itf al • 00 sQ. St- 0 4 _frt-1 X r::,:\r-s\. Law Enforcement Agency (LEA) Application for Participation Continued OFFICIAL RECORD Cli Y SECRETARY Ft WORTII TX TEXAS 1033 SURPLUS PROPERTY PROGRAM SUPPLEMENTAL DATA SHEET Date: 10/7/2010 Agency: The City of Fort Worth, by and through the Fort Worth Police Department Phone: (817) 392-4210 Alternate Phone: (817) 392-4211 Fax: (817) 392-4216 Website (if applicable): www.fortworthpd.com Screener #1: Lieutenant/Daniel Henderson/Daniel.Henderson@fortworthgov.org RANK / NAME / E-MAIL ADDRESS Screener #2: Lieutenant/David Rogers/David.Rogers@fortworthgov.org RANK / NAME / E-MAIL ADDRESS Screener #3: Sergeant/Richard Morris/Richard.Morris@fortworthgov.org RANK / NAME / E-MAIL ADDRESS Screener #4: RANK / NAME / E-MAIL ADDRESS Weapons Officer: Officer/Vange Pueblo/Vange.Pueblo@fortworthgov.org RANK / NAME / E-MAIL ADDRESS AGENCY CHIEF E ECUTIVE OFFICIAL' Signature: Name: Jeffrey W. Halstead Title: Chief of Police Email: Jeff.Halstead@fortworthgov.org AUTHORIZED OFFICIAL2 a Signature: Name: Thomas Higgins Title: Assistant City Manager Email: Thomas.Higgins@fortworthgov.org • j..Yr_t--' SC -.- NO M&C REQU Attested by: Marty Hendrix; I Agency Chief Executive Official — Chief of Police or County Sheriff. 1 13000000Q° isof xp04,9. cr}K4.0 Pr y Secretary 2 Authorized Official — County Judge, Mayor, or City Manager/Administrator, University/Coll Ye President or Director. TX 1033 Form A l JUNE 2007 APPROVED AS TO FORM AND LEGALITY: frL,Ct7ffAT TO 13 N E Y(C) CCA ( oiL (bs2.7. OCk I // c2 a( 0 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TEXAS 1033 SURPLUS PROPERTY PROGRAM RELEASE OF LIABILITY AGENCY: The City of Fort Worth, by and through the Fort Worth Police Department, Fort Worth (Tarrant County), Texas City / County 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 vith the transferred Property, including hut not limited to, packing, crat' C7 bailibtgottbertation, uFFici repossession, and disposal. IX 1033 Form A3 JUNE 2007 CITY SECRETARY FT. WORTH, TX 1of3 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 OFFICIAL': Signature Jeffrey W. Halstead/Chief of Police Name / Title AUTHORIZED OFFICIAL2: Thomas Higgins/Assistant City Manager Name / Title /40/1//0 Date /012 r-/ 0 Date 1- NO ).W KC REQUIRED Attested by: Marty Hendrix, City Secrets. �t ;ti nt cot00000Qofb4 ° to AO * The National Firearms Act, 26 U.S.C. section 5801 et seq., defines a firearm to include y=fra 7,19 We CY r" 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, g by a single function of the trigger. The terns 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. Agency Chief Executive Official — Chief of Police or County Sheriff. Authorized Official — County Judge, Mayor, or City Manager/Adrninistrato University/College President or Director. hX 1033 Form A3 JUNE 2007 1, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 of 3 APPROVED AS TO FORM AND LEGALITY Monica Woffoa Wood Assistant City Attorney Date: �a �, U f ATTEST: City Secretary IX 1031 •orm A3Jt_INE 2007 3r STATE OF TEXAS 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 (DLA). STAFFING AND FACILITIES: By authority of the State Governor, the Joint Counterdrug Task Force Commander is the Texas 1033 Program State Coordinator. The State Coordinator appointment the State Points of Contact (SPOCs) to administer the daily operation of the 1033 Program. 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 superseded 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 application packet 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 with a LEA screener's authorization memo (Authorization Letter for Property Screening and Receiving). Once enrolled, the LEA must acknowledge receipt of the 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, automations screening may be conducted through the Defense Reutilization and Marketing Office (DRMO) website. The State Coordinator's office must provide the LEA with their login identification number for this application. a.111••••r_ OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX • 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 (DRMS) website: www.drrs.dla.mil or by physically visiting the nearest DRMO. Once property has been identified, LEAs submit a manual or electronic DRMS 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 Foul' 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 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: 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 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. • 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. TX1033SPO 2 of 10 August 2008 • 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 transferred to another authorized agency, or returned to a DRMO. Property returns/turn-ins must be coordinated through the applicable State Coordinator and LESO. • State Compliance Reviews: The State Points of Contact will inspect at a minimum 10% of the active agencies to ensure property accountability and proper use of equipment All law enforcement agencies maintaining sensitive property will submit a written accountability statement detailing property type and serial numbers on the anniversary date of their Authorization Letter for the program. • 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.demil.osd.mil Military Critical Technologies List www.dtic mil/mctl Critical Federal Supply Class (FSC) and Buzz words www.drms.dla.mil/drms/internal/demil/CriticalBuzzKeyPt.pdf Flight Safety Critical Aircraft Parts (FSCAP) www.drms.dla.mil/dmis/internal/demil/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 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, h, 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 DEMIL 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 may be disposed or returned to a DRMO. If disposed, it must be in accordance with TSC (see DOD 4160.21-M, Defense TX 103 3 SPO 3 of 10 August 2008 Material Disposition Manual; DOD 4160.21-M-1, Defense Demilitarization Manual; DRMS-I 4160.14, Volume VII) o DEMIL code Co: 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; 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. 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. • TX 1033 SPO 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 4 of 10 August 2008 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-I 4160.14, Volume VII for DEMIL rules). • Training: The State Coordinator, State Points of Contact and LEAs should be trained/familiar with guidance on the following websites: ABCs of DEMIL 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/j-3/leso (1033 Program/Automation training guides) DRMS Operations www.drms.dla.mil (automation requisitioning process/procedures) THE STATE WILL: 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 LRA ID number so they may request materials on-line. b. Forward requests to LhSO 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. 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 10s, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC-Foiin 8050- 1) and any pertinent paperwork through the LESO. 1 he records maintained must also satisfy any and all pertinent requirements under its applicable State statues and regulations TX 103 3 SPO 5 of 10 August 2008 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 (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 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 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 LF',SO before it is completed. Maintain an approved copy of the ATF Form 10 for all M14, M16, M21 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 LFAs by identifying which property oversight agency the audit information must be submitted to. Review 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 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 TX 1033 SPO 6 of 10 August 2008 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 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 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 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 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. 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 Foun 103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and turn -in), all disposal and transfer paperwork, approved ATF Form 10s, Certificate of TX1033 SPO 7 of 10 August 2008 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 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 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 a Property Accountable Officer responsible for approving/disapproving all property requests and maintaining all accountable 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 Fouui 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 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 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. TX1033SPO 8 of 10 August 2008 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 returns (turn -ins to a DRMO) to the State Coordinator. Note: Costs of shipping or repossession of the property by the U.S. Government will be borne by the LEA. q. Submit disposal, transfer 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. TERMINATION CRITERIA: An LEA may be terminated from the program either temporarily or permanently by the State Coordinator for failure to comply with any policy governing the program. A termination notice will be provided via certified mail from the State Coordinator's office. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below. 9 Mike Simpson Assistant Director Law Enforcement Support Texas 1033 State Coordinator AGENCY CHIEF EXECUTIVE OFFICIAL: cu. Jeffrey W. Halstead/Chief of Police Name / Title la g-k Date TX 1033 SPO OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 9 of 10 August 2008 9 Thomas Higgins Assistant City Manager Date: /0 /0 APPROVED AS TO FORM AND LEGALITY PIFYI;(/‘ tn_ (4-k Monica Wofford Wood Assistant City Attorney Date: it-1- �`� -()(O ATTEST: City Secreta REQUIRE'D TX1033SPO 10 of 10 c, 0 0 0 0 0 *9 00oO00U144b 27stexpsesaste QV -Nnamt,,,e OFFICIAL RECORD CITY SECRETARY Fi`s !MOR11-19 17 August 2008