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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