HomeMy WebLinkAbout8460RESOLUTION NO. 8460 .
A RESOLUTION ACCEPTING SURPLUS PROPERTY FROM
THE UNITED STATES DEPARTMENT OF DEFENSE AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE A TRANSFER AGREEMENT CONCERNING SAME
,• s
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo,
including its Police Department, to accept surplus property from the federal government for public
and municipal purposes and to enter into agreements relating thereto which set forth conditions
concerning the use and disposal of such property; and
WHEREAS, the Police Department has submitted a request to the United States Department
of Defense, acting through the Department of the Army, to obtain a transfer of surplus property
consisting of twenty -eight (28) M16 fully automatic rifles for police use and such request has been
approved by the Department of the Army, subject to City agreeing to contractual conditions with
respect thereto; and
WHEREAS, acceptance of the surplus property for the purposes for which it is to be
transferred is in the best interest of the City and will benefit the health, welfare and safety of the
citizens of the City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The submission of the request to the Department of the Army for surplus government
property consisting of twenty -eight (28) M16 automatic rifles is hereby ratified and approved.
SECTION 2
The terms, conditions and obligations set forth in the Transfer Agreement, a true copy of
which is attached hereto, are hereby accepted by the City of Pueblo and approved.
SECTION 3
The President of the City Council is authorized to execute the Transfer Agreement in the
name of and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto
and attest same.
SECTION 4
Required funds from the City for packing, crating, transportation and release of the surplus
property are authorized to be paid or expended from Account No. 0640500- 141 - 000- 060 -4741
in connection with the City's obligations under said Transfer Agreement.
ATTEST:
City Cler
INTRODUCED: July 13, 1998 '
Al Gurule
Councilperson
APPROVED:
President of h City Council
-2-
COUNCIL AGENDA
TITLE: DOD Transfer Agreement / Rifles AGENDA ITEM #
DEPARTMENT: Police DATE: July 13, 1998
ISSUE:
The Police Department needs a readily available weapons system to address
extraordinary threats to public safety posed by heavily armed and armored criminals.
RECOMMENDATION:
Staff recommends that the City accept the agreement with the Department of Defense
for the transfer of twenty -eight surplus rifles to the Police Department.
BACKGROUND:
Throughout the country in alarming and Increasing regularity, law enforcement
officers have been faced with criminals armed with high- power automatic weapons
and ballistic body armor. Incidents such as the North Hollywood bank robbery and
shootout, and the recent shooting spree in Cortez, Colorado, indicate that many
criminals can now "out -gun" law enforcement, and perpetrate their crimes of violence
with little fear of effective intervention, as police officers can not safely counter their
activities. The acquisition of surplus MI6 rifles, and the Issue of those rifles to
trained members of the SWAT Team, would ensure the ready availability of a number
of weapons, with experienced users, on a twenty -four hour a day basis, to respond to
any crisis situation of an extremely high risk nature, and would enhance the ability of
the Police Department to appropriately deal with those rare but extremely dangerous
and lethal situations. The Department of Defense, through the Defense Reutilization
and Marketing Office, has made available to local law enforcement agencies, certain
items of surplus equipment and weapons they have deemed appropriate for civilian
law enforcement usage, subject to the receiving agency agreeing to abide by
appropriate federal laws and regulations governing the use.and eventual disposal of
the property.
FINANCIAL:
The financial impact is minimal. The rifles are offered free of charge, though there is
an $836.63 charge for shipping and handling. That amount is available in the Federal
Forfeiture account, which is an account generated by confiscation of drug assets.
The rifles would cost approximately $2000 each (or about $56,000), If, purchased.
Increase in ammunition usage would be minimal as team members already train with
weapons of the same caliber, and ammunition Is in stock.
AiC -GnrC,Y cop y
DEPARTMENT OF THE ARMY (C 17Y j
UNITED STATES ARMY TANK - AUTOMOTIVE AND ARMAMENTS COMMAND
ARMANENT AND CHEMICAL ACQUISITION AND LOGISTICS ACTIVITY
ROCK ISLAND, ILLINOIS 61299 -7630
REPLY TO ; p JUN 1998
ATTENTION OF
Aircraft Armament/Small Arms
Product Center
Law Enforcement Support Office
Attention: TSGT Beatrice Macliz
3171 North Gaffey Street
San Pedro, CA 90731 -1009
Dear TSGT Macliz:
The Pueblo Police Department, Pueblo, Colorado, has been approved to receive a transfer of 28 M16 Rifles,
which will be shipped in four increments, in support of counter drug operations.
Prior to our transferring the rifles, it will be necessary to accomplish the following:
a. An authorized representative of the State of Colorado sign the enclosed "Transfer Agreement" and retain a
copy for their records.
b. The Pueblo Police Department purchase a Certified or cashier's check, bank money order, or postal money
order, payable to DFAS, OPLOC, ST. LOUIS, in the amount of $836.63 to cover all charges from Anniston,
Alabama. Labor rates have increased per 1998 and the rates will be incurred on any future shipments.
Mail the completed transfer agreement and the appropriate amount of remittance to:
Director
Armament and Chemical Acquisition and Logistics Activity
ATTN: AMSTA -AC- AST- SBeverly Lafferty
Rock Island, IL 61299 -7630
Upon receipt of weapons, all law enforcement agencies are required to complete a Form 10 Application for
Registration of Firearms Acquired by Certain Governmental Entities (enclosed). Upon completion, the application
must be forwarded to the Bureau of Alcohol, Tobacco and Firearms (ATF) and a copy of the application must be
furnished to the above address.
Upon receipt of the signed transfer agreement and remittance, supply action will be initiated. Delivery of the
rifles may be expected in approximately 60 days.
For further information contact Ms. Beverly Lafferty, AMSTA -AC- AST -S, DSN 793 -6304, or commercial
(309) 782 -6304.
Sincerely,
BEVERLY LAFFERTY
Special Projects Team
Enclosure
TRANSFER AGREEMENT
THIS AGREEMENT made between the UNITED STATES ARMY (hereinafter
transferrer ") and the State of Colorado on behalf of the Pueblo
Department, (hereinafter called the "transferee ") located at 130
Street, Pueblo, Colorado 81003 -4294
MUTUALLY AGREED UPON TERMS OF TRANSFER
The transferee has requested 28 M16 Rifles in support of Law Enforcement
operations. The Government agrees to transfer not more than 28 M16 Rifles to
the transferee for this purpose.
Transferee agrees to prepay costs incurred for packing, crating, handling,
transportation, and material release of the property to the destination specified
by the transferee.
The transferee acknowledges receipt of the above described property of the
Department of Defense pursuant to Section 1033 of the National Defense
Authorization Act for Fiscal Year 1997. The transferee accepts the transfer of
the property "as is" with no warranty of any kind including any implied
warranties such as warranties of fitness for any purpose. The transferee
acknowledges that there are hazards associated with the use of the property which
can cause damage to property and serious injury or death. The transferee agrees
to provide appropriate training to any person who may use the property.
"The transferee 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."
The Department of Defense assumes no liability for damages or injuries to any
person or property arising from the use of the property. The transferee shall
indemnify and hold the United States Government harmless from any and all suits,
actions, demands or claims of any nature arising out of the use of the property.
The transferee agrees to maintain, at its own expense, adequate liability and
property damage insurance and workman's compensation insurance to cover any such
claims.
The Bureau of Alcohol, Tobacco and Firearms (ATF) has identified the rifles
transferred to your activity as machine guns as defined by 26 U.S.C. 5845(b).
Machine guns not owned by the United States, or any agency thereof, must be
registered with the ATF. Unregistered machine guns transferred by DOD to
civilian law enforcement agencies may be lawfully registered by the receiving
agency by submitting an ATF Form 10, Application for Registration of Firearms
Acquired by Certain Governmental Entities, to ATF. Upon receipt of a properly
executed Form 10, ATF will accept the registration of the weapons and notify the
submitting agency. Any machine guns registered in this manner are restricted for
law enforcement use only. The receiving agencies may only dispose of the weapons
through approved transfers to other qualifying law enforcement agencies, by
destruction, or abandonment of the firearm to ATF. The weapons may not be
transferred to licensed firearms dealers or other persons.
Your agency is required to register the transferred weapons with the ATF upon
receipt. Requirements of this registration program can be found in the Code of
Federal Regulations at 27 CFR 179.101 -105.
called "the
Police
Central Main
Proof of registration must be provided to the State 1033 Coordinator, the
servicing Law Enforcement Support Office (LESO) and Armament and Chemical
Acquisition and Logistics Activity (ACALA).
Subject to the conditions set forth herein, title to the property is transferred
to the transferee upon written acceptance hereof from the transferee.
Executed on behalf of the transferrer on June 30, 1998 , at Armament and Chemical
Acquisition and Logistics Activity, Rock Island, Illinois 61299 -7630.
United States Army
BY: 6 -d C'✓ tl ��b—
Beverly ffer
Special Projects Team
Armament and Chemical Acquisition
and Logistics Activity
Rock Island, IL 61299 -7630
PHONE: (309)782 -6304
ACCEPTANCE,
The transferee, through its authorized representative, hereby accepts title to
and delivery of the transferred property, subject to the conditions specified
above.
Execu d o beh f of the transferee on �T ,
at (� p
(Name of transferee organizatio )
Ruben E. Archuleta (Signature) Presi4ent of e wity ouncil
Chief of Police TITLE: 111 City Hall Puce
3
130 Central Main Street ADDRESS: Pueblo, eo 8490
Pueblo, CO 81003
APPROVED BY:
( TATE 033 COORDIN TO