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Home My WebLink About5048 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 0 4 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF M14 RIFLES FROM THE FEDERAL GOVERNMENT TO THE CITY OF AUBURN POLICE DEPARTMENT AND AUTHORIZING EXECUTION OF AN INTERLOCAL TRANSFER AGREEMENT BETWEEN THE UNITED STATES ~2~MY AND THE STATE OF WASHINGTON ON BEHALF OF THE AUBURN POLICE DEPARTMENT. WHEREAS, the City recognizes that quality equipment is essential to a well-prepared police department; and WHEREAS, the cost of purchasing and outfitting special units and officers with weapons may be cost-prohibitive; and the availability of by interlocal and the Federal Government the Auburn Police Honor for drill purposes and for to be utilized by the Civil WHEREAS, the City recognizes resources through the Federal Government agreements as established by RCW 39.33.010; WHEREAS, transferred rifles from can be utilized to further establish Guard by providing rifles to use the covering of the American Flag, Disturbance Unit for officers assigned to inner perimeter functions with completed training and proficiency in qualification to properly utilize the rifles, and/or to and supplement weapons on the Emergency Services Unit; Ordinance NO. 5048 November 18, 1997 Page 1 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the only cost of these weapons will be for costs incurred for packing, crating, handling, transportation and material release. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: ~ The City of Auburn is herewith authorized execute an interlocal Transfer Agreement between the States Army and the State of Washington on behalf Auburn Police Department for the transfer of twenty-five M14 rifles as set forth on attached Exhibit UA" incorporated herein by reference ~. The City is hereby authorized certified or cashier's check, bank money order, money order to DFAS, OPLOC, St. Louis, in the $562.00 to cover all charges from Anniston, Alabama. ~ The Mayor is hereby authorized to such administrative procedures as may be necessary out the directives of this legislation. to to United of the (25) and issue a or postal amount of implement to carry Ordinance No. 5048 November 18, 1997 Page 2 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passage, approval and INTRODUCED: December 1, 1997 PASSED: December 1, 1997 APPROVED: December 1, 1997 ATTEST: CHARLES A. BOOTH MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance NO. 5048 November 18, 1997 Page 3 Department of Defense ~ Defense Logisti.cs Agency Law Enforcement Support Off, ce - Western Operat ns 222 N. Sepulveda, Suite 513 (Code: LESO) ~ El Segundo, California 90245-4320 (310) 335-3518 FAX (310) 335-3903 MEMORANDUM TO: 1033 Coordinator FROM: TSgt Bea Macliz, LESO - West Date: I~Aua~:~ Time: ~ Local Total Number of Packets SUBJECT: Weapons Issue (Reference the enclosed weapons issue documents) Comments: Upon receipt, please take the following action: Each packet requires State Coordinator signatures (four signatures per) Forward packet to requesting agency for Chief Executive's signature (four signatures per) Agency will forward copies marked "State Copy and LE$O Copj/' to the State Coordinator (coordinator will forward LESO Copy to LESO) Once weapons have been received, ensure weapons are registered with the BATF · Agency will forward proof of registration to Pat Davis, State Coordinator, and LESO · MISSION COMPLETE DEPARTMENT OF THE ARMY UNITED S'I'ATES ARMY TANK - AUTOMOTIVE AND ARMAMENTS COMNIAND ARMAMENT AND CHEMICAL ACQUISITION AND LOGISTICS ACTIVITY ROCK ISLAND, ILLINOIS 612~-7630 REPLY TO AI~ENTION OF Aircraft Armament/Small Arms Product Center Law Enforcement Support Office Attention: MSGT Diaz 222 North Sepulveda Blvd. Suite 513 E1 Segundo, CA 90245-4320 Dear Sgt Diaz: The Auburn Police Department, Auburn, Washington, has been approved to receive a transfer of twenty five M14 Rifles 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 Washington sign the enclosed "Transfer Agreement" and retain a copy for their records. b. The Auburn 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 $562.00, to cover all charges from knniston, Alabama. Mail the completed transfer agreement and the appropriate amount of remittance to: Director Armament and Chemical Acquisition and Logistics Activity ATTN: AMSTA-AC-AST-S/Pat Davis Rock Island, IL 61299-7630 Upon receipt o~ 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 furnished to the above address. Upon receipt of the signed transfer agreement and remittance, supply action will be initiated. Delivery o~ the ri~les may be expected in approximately 60 days. For further information contact Ms. Pat Davis, AMSTA-AC-AST-S, DSN 793-7531, or commercial (309) 782-7531. Sincerely, PA~ DAVIS Spec±al ~rojects Team Enclosure TRANSFER AGREEMENT THIS AGREEMENT made between the UNITED STATES ARMY (hereinafter called "the transferrer") and the State of Washington on behalf of the Auburn Police Department, (hereinafter called the "transferee") located at 101 North Division Street, Auburn, Washington 98001-0001. MUTUALLY AGREED UPON TERMS OF TRANSFER The transferee has requested twenty five M14 Rifles in support of Law Enforcement operations. The Government agrees to transfer not more than twenty five M14 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 warrant.Les 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 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 inderanify 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 liabil/ty 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. ~y 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 M14 Rifles 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. 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 Auqust 31, 1997, at Armament and Chemical Acquisition and Logistics Activity, Rock Island, Illinois 61299-7630. United States Army Pat Davis Special Projects Branch Armament and Chemical Acquisition and Logistics Activity Rock Island, IL 61299-7630 PHONE: (309)782-7531 ACCEPTANCE The transferee, through its authorized representative, hereby accepts title to and delivery of the transferred property, subject to the conditions specified above. Executed on behalf of the transferee on at Auburn. Washington, December 1, 1997 , City of Auburn (Name of transferee organization) (Signature) TITLE: Mayor ADDRESS: 25 W ~i~ St APPROVED ~TEX3 ~'~ORD~NATOR)