2011-29 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 thc 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 Police Department whose address is 865 W
Montrose Street Clermont Florida 34711 ( hereinafter called the CPD) 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 follow mu purpose(s).
In Support of Law Enforcement Operations
In accordance with the proposed program and plan as set forth in the CPD "Letter of Request' dated
(date of weapon request letter) 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:
M -16 Rifle 12 each
Together with all appurtenances, and accessories attached thereto. (all of %%finch are hereinafter referred
to as the Property). unto the CPD to have and to hold the Property, all singulai forever. this donation
being made on an '`as is," "where is" basis without warranty of any kind. and delivery made al 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 CPD agrees to provide appropriate training to
any person who may use the property. The CPD 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 CPD 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 CPD 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 CPD for the purpose stated above no later than 1
months after acquisition thereof and shall be used thereafter for such purpose in perpetuity
4 Within 12 months of possession by the CPD, the CPD shall make reports to the BFPA on the
use, condition, and location of thc Property and on other pertinent matters as may he required
' from time to time by the BFPA.
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5 The CPD shall not sell, trade, barter, lease, batl, encumber. cannibalize, or dismantle for parts,
or otherwise dispose of the Property or any pans thereof. or remove it pernianently for use
outside the State of Florida
6 The Bureau of Alcohol, Tobacco and firearms (ATF) has identified M -I6 rules beii
transferred to the CPD activity as machine guns as defined by 26 U S Code 5845(b) Machine
guns not owned by the United Statcs, or any agency thereof, must he registered with the Alf.
Therefore, the CPD further agrees to lawfully register the property by submitting an A IF I•onn
10, Application for Registration of Firearms Acquired by Certain Government Entities, to ATF
Upon receipt of a properly executed Fornt 10, ATF will accept the registration of the %%capons
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 qualihtng law enlorceii ii
agencies,
(b) by BFPA approved destruction, or
(c) abandonment of the fireamis to ATF with notification to the Bl•PA
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 CPD to the BFPA who will forward the information to DLA DLA will advise
the State Coordinator on further actions The CPD shall assist the DLA and other Federal and
State Agencies in investigating such cases.
IN WITNESS WHEREOF, the BFPA has duly executed this instrument this
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IN Wl WHEREOF, the BFPA has duly executed this instrument this
1 P I day of ,20 //
State of Flonda Acting by
and through the Department of
Management Services, Bureau of
Federal Property Assistance
13y.
r { a� L G� � i
Rita Acevedo
Title. Surplus Property Supervisor
County of Bradford
State of Florida
On this S' ` day of J J e , 20 // , before me appeared Rita Acevedo,
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
el atru 14.1-/..44
Signature of Notary Public
�'''' CLAIRE SKNOVANEK COLEMAN
e ~ t Wary Public • Slate 01 FlorI a
SEAL �� a Not My Comm Ewes Mar 25 2013
4 n ,= Commission 0 OD 874011
•
My Commission •
Expires:
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9 ) 7 day of � /� ,20 // .
LEA Authorized Representative
By. n :11 7
Printed Name of Representative
Title
Signature — STATE of Floiida
COUNTY of «-
On this 67 day of /lf/el , 20 // , before me appeared
��GrliC' r (-1 , to me personally known, who,
being by me duly sworn, says that he is the person who executed the foiegoing
instrument on behalf of said and
acknowledges to nee that he was duly authorized to execute the same as a flee act and
deed of said
Given under my hand and official seal the day and year above written
Printed Name of Notary Public
- FAAAAt
d % LAURA 7Z1RK Signature of Notary Public
MY cOMicu or 1 FFJ➢„,
1 .,,,,/ m b2i. NIS
Sammy Rr ., De. max
(SEAL)
My commission
Expires: i \� r � I ) 015
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