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HomeMy Public PortalAbout2001.01.24 Idaho Stat Police Memo of AgreementMEMORANDUM OF AGREEMENT BETWEEN THE IDAHO STATE POLICE AND McCALL POLICE DEPARTMENT PURPOSE. This Memorandum of Agreement (MOA) is entered into between the Idaho State Police (ISP) and the McCall Police Department (hereafter the Agency). It establishes the terms and conditions for transferring excess Department of Defense (DOD) equipment through the 1033 program to authorized law enforcement agencies. These terms and conditions are binding on both parties signing this MOA. AUTHORITY. The Secretary of Defense is authorized by 10 USC 2576a to transfer to federal, state and local agencies property that is excess to DOD needs and that the Secretary determines is suitable to be used by such agencies in law enforcement activities under such terms prescribed by the Secretary. The authorities granted by 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, DLA defines agencies in law enforcement activities as government agencies whose primary function is the enforcement of applicable federal, state and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. TERMS AND CONDITIONS. a. The DOD, through the DLA, has the final authority for approving the type and quantity of excess equipment that will be transferred to the Agency under the 1033 program. b. This agreement creates no entitlement for the Agency to receive excess DOD property. c. Property available under this agreement is for the use by authorized program participants. d. Property available under this agreement is for imminent use, not for speculative or possible future use. e. Property may not be obtained for the purpose of sale, lease, rent, exchange, barter, to secure a loan or otherwise supplement normal Agency budgets. E Property obtained through this program is to be used only for official law enforcement operations. Any other use or conversion for personal benefit is a felony crime that will be prosecuted at the federal and/or state level. g. All requests for property must be based on bona fide law enforcement requirements. h. The requisitioning of Condition Code "A" property for cannibalization purposes is not allowed. 1 i. Any repair, maintenance, insurance or other expenses associated with this property is the sole responsibility of the Agency. j. Authority for determining Agency eligibility, allocation and approval of property requests, Agency compliance and reutilization reviews, accountability procedures and property disposal rests with the ISP 1033 State Coordinator. k. Property obtained under this MOA must be placed into use within one year of receipt and utilized for at least one year unless the condition of the property renders it unusable. Aircraft must be in service for a five year period. 1. Property identified as requiring demilitarization must be returned to a DRMO facility when no longer required for law enforcement use. m. Property not requiring demilitarization and no longer needed for law enforcement use will be disposed of through transfers to other authorized agencies, returned to DRMO facilities or disposed of in accordance with federal, state, or local laws. Upon transfer or disposal of property, written notification will be supplied to the state coordinator. n. The Agency will maintain accountability of all property issued or received from DOD. o. The designated State Coordinator and Agency official identified and signing below represent that they are authorized to enter into this agreement and sponsor this program on behalf of their respective agencies. p. Shipping and other property costs will be borne by the Agency. q. To the extent permitted by law, the Agency shall indemnify and hold Lhe U.S. Government and ISP harmless from any and all suits, actions, demands or claims of any .nature arising out of the use of this property. The agency receiving the property agrees to maintain adequate insurance to cover damages or injuries to persons or property relating to the use of the property. The DOD and ISP assume no liability for damages or injury to any person or property arising from the use of the property. ISP SHALL: a. Develop and update, as necessary, the Idaho RLSO 1033 Program Plan of Operation, which participating agencies will also refer. b. Receive applications for participation in this program from the Agency, validate their law enforcement mission and forward applications to DLA for approval as an authorized law enforcement agency. c. Forward Agency property requests to DLA. d. Maintain Agency property records as outlined in the Idaho RLSO 1033 Program Plan of Operation. e. Ensure that all weapons issued to the Agency are registered with the Bureau of Alcohol, Tobacco and Firearms. f. Enter into a MOA with the Agency annually. THE AGENCY SHALL: a. Follow the terms and conditions of this MOA and the Idaho 1033 Program Plan of Operation. b. Enter into a MOA with ISP annually. c. Update the law enforcement data sheet as needed. d. Maintain accountability and security of issued property. e. Sign, date and return the annual RLSO inventory listing. f. Ensure property is procured, maintained and disposed of in accordance with this MOA and the Idaho RLSO 1033 Program Plan of Operation. NOTICES. Any notices, communications or -correspondence related to this agreement will be provided through postal service, express service or facsimile to the Agency. ISP may, from time to time, make modifications or amendments to this NIOA as dictated by 1033 program changes. In such cases, reasonable opportunity will, insofar as practical, be afforded the Agency to conform to changes affecting their operations. TER aNATION. Either parry may terminate this MOA provided the other party receives thirty (30) days notice or as stipulated by Public Law. Lei t WITNESS THEREOF, the parties below have executed this agreement as of the last date written below. Date: Agency Chief Executive S tate Coordinator Date: 3 AGREEMENT BETWEEN THE IDAHO STATE POLICE AND McCALL POLICE DEPARTMENT THE McCALL POLICE DEPARTMENT HEREBY AGREES TO THE TERMS AND CONDITIONS SET FORTH IN BOTH THE IDAHO REGIONAL LOGISTICS SUPPORT OFFICE (RLSO) 1033 PROGRAM PLAN OF OPERATIONS AND THE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF IDAHO AND THE DEFENSE LOGISTICS AGENCY REGARDING THE PROCUREMENT, USE AND DISPOSAL OF SURPLUS MILITARY PROPERTY UNDER THE 1033 PROGRAM. Administrator: Sre.--%rg-A1 !i✓�'%`-' Title: 6: i e Date: f 4