2014-083 •
MEMORANDUM OF AGREEMENT
WEAPONRY TRANSFER AND RELEASE DOCUMENT
KNOW ALL MEN BY THESE PRESENTS: That the State of Florida acting by and through the
Department of Management Services, Bureau of Federal Property Assistance as the State of Florida
Single Point of Contact (hereinafter called the BFPA) pursuant to the authority contained in the
National Defense Authorization Act for 1990 AND 1991, as amended for and in consideration of and
in reliance upon the representations of the Clermont PD whose address is 865 W. Montrose St.
Clermont, FL 34711 (hereinafter called the Clermont PD) that the Property hereinafter described is
required in the furtherance of it's law enforcement program and that such property will be used in
connection with law enforcement and more specifically for all the following purpose(s):
In Support of Law Enforcement Operations
In accordance with the proposed program and plan as set forth in the Clermont PD "Letter of Request"
dated April 23, 2014 which Expression of Interest is hereby incorporated herein and made a part
hereof, and for no other purpose, does hereby deliver, sell, assign, and transfer all of its rights, title,
and interest in and to the following described weaponry:
GUU- 5P - 20 each
Together with all appurtenances, and accessories attached thereto, (all of which are hereinafter referred
to as the Property), unto the Clermont PD to have and to hold the Property, all singular forever, this
donation being made on an "as is," "where is" basis without warranty of any kind, and delivery made
at the present location of the Property regardless of where the same may be situated or the condition
thereof; Subject however to the following conditions:
1. There are hazards associated with the use of the property that can cause damage to
property and serious injury or death. The Clermont PD agrees to provide appropriate
training to any person who may use the property. The Clermont PD further agrees that it
is not the responsibility of the State of Florida, Department of Management Services or
the BFPA to provide appropriate training to any person who may use the property.
The Clermont PD agrees to maintain, at its expense, adequate liability and property
damage insurance and worker's compensation insurance to cover any such claims. To the
extent permitted by state law, the LEA shall indemnify and hold the State of Florida
harmless from any and all suits, actions, demands, or claims of any nature arising out of
the use of property. The State assumes no liability for damages or injuries to any person
or property from the use of the property.
2. The Clermont PD agrees that the Property shall not be used for purposes other than law
enforcement efforts.
3. The Property shall be placed in use by the Clermont PD for the purpose stated above no later
than 12 months after acquisition thereof and shall be used thereafter for such purpose in
perpetuity.
4. Within 12 months of possession by the Clermont PD, the Clermont PD shall make reports to
the BFPA on the use, condition, and location of the Property and on other pertinent matters as
may be required from time to time by the BFPA.
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5. The Clermont PD shall not sell, trade, barter, lease, bail, encumber, cannibalize, or dismantle
for parts, or otherwise dispose of the Property or any parts thereof, or remove it permanently
for use outside the State of Florida
6. The Bureau of Alcohol, Tobacco and Firearms (ATF) has identified M-16 nfles being
transferred to the Clermont PD activity as machine guns as defined by 26 U.S. Code 5845(b).
Machine guns not owned by the United States, or any agency thereof, must be registered with
the ATF. Therefore, the Clermont PD further agrees to lawfully register the property by
submitting an ATF Form 10, Application for Registration of Firearms Acquired by Certain
Government 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 to
law enforcement use only.
7. The receiving agency may only dispose of the Property
(a) through transfers approved by the BFPA to other qualifying law enforcement
agencies;
(b) by BFPA approved destruction; or
(c) abandonment of the firearms to ATF with notification to the BFPA.
The weapons may not be transferred to licensed firearms dealers or other persons.
8. Where fraud, indication of fraud, or theft is indicated, a report with all known information shall
be made by the Clermont PD to the BFPA who will forward the information to DLA. DLA
will advise the State Coordinator on further actions. The Clermont PD shall assist the DLA and
other Federal and State A encies in investigating such cases.
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IN WITNESS WHEREOF, the BFPA has duly executed this instrument on
, 20 .
State of Florida Acting by
and through the Department of
Management Services, Bureau of
Federal Property Assistance
By:
Rhonda Stifel
1033 Program
County of Bradford
State of Florida
On , 20 , before me appeared Rhonda Stifel, to
me personally known, who, being by me duly sworn, says that she is the person who
executed the foregoing instrument and that such instrument was executed under duly
delegated authority on behalf of the Bureau of Federal Property Assistance and
acknowledged the foregoing instrument to be the free act and deed of the State of
Florida.
Given under my hand and official seal the day and year above written.
Printed Name of Notary Public
Signature of Notary Public
(SEAL)
My Commission
Expires:
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IN WITNESS WHEREOF, the Clermont PD has duly executed this instrument on
0 L-- o\ot r 0 o , 20 Li .
LEA Authorized Representative
Ckrs By: Ce� Gfoodiv,
Printed Title and Name of Re r sentative
> i
Signature
STATE of Florida
COUNTY of La\LC
On G k o ID e r , 20 19 , before me appeared
Chief Charles L. Broadway to me personally known or presented identification, who,
being by me duly sworn, says that he/she is the person who executed the foregoing
instrument on behalf of Clermont Police Department above and acknowledges to me
that he/she was duly authorized to execute the same as a free act and deed of said
Clermont Police Department.
Given under my hand and official seal the day and year above written.
Printed Name of Notary Public
Signature of Notary Public
- - - - - - - - - - --
(S E A L) -.
• *" .°•. CYNDIA RIVERA
My commission k, Notary Public-State of Florida
1 ` % Mg Comm.Expires Aug 11,2017
Expires: -, — Commission#FF 044455
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