HomeMy WebLinkAboutFed Excess Prop Pgrm 6-13-2011.pdf State of New York
bDiision of Criminal Justice ervices
Office of Public Safe
_ 4 Tower Place D UCJ
Albany,New York 122
New York State 1033 Federal Exel 5s Property Program
Memorandum of Agr Dment
New York State
and
Law Enforcement Agency: Cayuga Heights Po a Department
PURPOSE
This Memorandum of Agreement(MOA) and the Plan f Operation is entered into between the
New York State 1033 Program Coordinator appointed the Governor of the State of New York
to act on behalf of the State of New York and the Divi n of Criminal Justice Services, an
Executive Agency of the State of New York, and the C yuga Heights Police Department
a New York Law Enforcement Agency (NYLEA)to se forth the terms and conditions which
will be binding on the parties with respect to Departme t of Defense (DOD) excess property
(sometimes called surplus property or personal prope which is transferred pursuant to 10
USC § 2576a,to promote the efficient and expeditious ansfer of the property and to ensure
accountability of same, to establish the authority of the qew York State Point of Contact(s)
(SPOC), and to provide for the return, subsequent tran r or destruction of excess property
which has been transferred to the NYLEA.
AUTHORITY
The Secretary of Defense is authorized by 10 USC § 2 6a to transfer to Federal and State
agencies and local law enforcement agencies personal roperty that is excess to the needs of the
DOD and that the Secretary determines is suitable to b used by such agencies in law
enforcement activities,with emphasis on counter-dru ounter-terrorism activities, under such
terms prescribed by the Secretary.
ORGANIZATIONAL AUTHORITY
The Governor of New York has designated the Directc of the Office of Public Safety, Division
of Criminal Justice Services, as the New York State C rdinator(SC)to implement this program
statewide. The SC and designated State Point of Cont (s) (SPOC's), have operational authority
for the daily conduct and management, oversight and licy of this program.
TERMS AND CONDITIONS
The DOD through the DLA has final authority to detei nine the type, quantity, and location of
excess DOD personal property suitable for law enforc( nent activities, if any, which will be
transferred to the State. This agreement creates no ent lement in the State to receive excess
DOD personal property. Property available under this Lgreement is for the current use of
authorized program participants; it will not be requestt nor issued for speculative use/possible
future use. NYLEAs are required to utilize property 'thin one year or schedule its return to the
nearest Defense Reutilization Marketing Office(D ). Property will not be obtained for the
purpose of sale, lease, rent, exchange,barter, to secure loan, or to otherwise supplement normal
Law Enforcement Agency (LEA) or State,/local goverrim ntal entities budgets. All requests for
property will be based on bona fide law¢enforcement req irements.
NYLEA ELIGIBILITY CRITERIA :,
Eligibility requirements for a New York Law Enforcerne it Agency (NYLEA) to participate in
the 1033 Program are detailed in the State Plan of Opera on. The State Coordinator shall provide
all NYLEAs access to the State Plan of:Operation, all of he provisions of which are incorporated
into this agreement as though set forth in their entirety h ein. All requests for, and use of,
excess property shall comport with the terms and condif ns set forth in the State Plan of
Operation. The State Coordinator and LESO shall deter iine which Law Enforcement Agencies
in New York State are eligible to participate in the 1033 Irogram.
Any Law Enforcement Agency (NYLEA) that desires t nroll and participate in the 1033
Program must have a Chief Executive Officer(CEO)w is accountable for this Program. The
CEO must comply, and must have the authority to ensur that those under their command fully
comply with the New York State/LEA(Memorandum o greement(MOA) and the State Plan
of Operation, and with all applicable Federal and State 1 s, directives and policies related to the
1033 Program. The CEO must have the authority to ent into the MOA and must provide
evidence of that authority satisfactory to the State Coor ator.
By executing this agreement and agreeing to accept exc s property under this Program,the
NYLEA pledges that it agrees to comply with applicabli provisions of the following national
policies prohibiting discrimination: k,
a. On the basis of race, color, or nation origin, in Title I of the Civil Rights Act of 1964(42
U.S.C. 2000d et seq.) as implemented DOD regulati s in 32 CFR part 195.
b. On the basis of age, in the Age Disc ination Act of 975 (42 USC 6101, et seq.) as
implemented by Department of Health nd Human Sery es regulations in 45 CFR part 90.
c. On the basis of handicap, in Section = 04 of the Reha itation Act of 1973, P.L. 93-112, as
amended by the Rehabilitation Act Arr ndments of 197 , P.L. 93-516 (29 U.S.C. 794), as
implemented by Department of Justice gulations in 2 .F.R. Part 41 and DOD regulations at
32 C.F.R. Part 56.
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SCREENING
The NYLEA CEO must appoint a sworn compensated I dice officer as the Property
Accountability Officer(PAO). The CEO and PAO are sponsible for the security,
accountability and record keeping of all property receiv d through the 1208/1033 Programs and
are subject to audits by Federal and State authorities. I the NYLEA will be requesting weapons
a full-time sworn compensated Police Officer must be a pointed as the Weapons Point of
Contact(WPOC). The CEO, PAO and WPOC are resp risible for the security, accountability,
return and record keeping of all weapons and weapon a essories received through the 1033
Programs.
If applicable, and with the express written approval in a Ivance from the State Point of Contact
which approval may be revoked by the State Point of C mact at any time, the CEO must appoint
an Aircraft/Aircraft Parts Accountability Point of Cont t(APOC). The APOC can be a sworn,
full-time compensated police officer or an employee of e agency with expertise in the field of
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aviation who meets the same criteria wtilh respect to bac round investigations in connection
with employment as is required for sw III n compensated lice officers in the NYLEA. The CEO,
PAO and APOC are responsible forth security, accouni bility and record keeping of all aircraft
and aircraft parts received through the 08/1033 Progra is.
Note: The PAO can also be identified the WPOC and LPOC.
The CEO must appoint a minimum of (two) with a ma mum of 4 (four) "Screeners" who will
be authorized to "screen" or search for roperty either pf fsically at a Defense Reutilization and
Marketing Office (DRMO), or electro ally utilizing th Defense Reutilization and Marketing
Service (DRMS)website. Screeners st be sworn Win iensated police officers.
REQUESTING PROPERTY
The State Coordinator reserves the right to limit the num ier and types of items ordered to ensure
equitable distribution of property statewide. NYLEAs c n "screen" or search for property
electronically through the DRMS LESO Application or i ianually by visiting a DRMO.
NYLEAs screening electronically should verify propert3 availability telephonically with the
holding DRMO and to obtain any additional informatior on the desired property.
UTILIZATION OF PROPERTY
Property received through the 1033 Program must be pl ed into use within 1 year of receipt and .
utilized for a minimum of 1 year, unless the condition re iders it unusable, in which case the
NYLEA must contact the State Point of Contact for insti ictions. If property is not placed into
use within I year of receipt, it must be transferred to anc her authorized agency, or returned to a
DRMO. Property returns/turn-ins must be coordinated t rough the Office of the State
Coordinator and LESO. The DOD haAgaUthorized d the tr sfer and use of excess Federal property
to Law Enforcement Agencies (LEA) h rese s the right to recall any and all property
issued through the 1208/1033 Programulated i Federal regulation, title may be
conditionally granted to the NYLEA, rior w ten a roval must be obtained by the
NYLEA. Pro a will not be trans osed or returned to a DRMO without
rior State Coordinator and LESO . It is i ortant that the NYLEA DOES NOT
DISPOSE TRANSFER OR RETUROP TY WITHOUT STATE
COORDINATOR AND LESO APPROVAL.
USE OF PROPERTY BY NON-LAW ENFORCEM NT OPERATIONS
Excess DOD personal property cannot be used for then ds of non-law enforcement operations
of any State Agency, County, City, Town or Village or ther government jurisdiction in New
York State. Under no circumstances will property be us 1, loaned or transferred, even
temporarily, to law enforcement officers or civilians or Lher persons or to other governmental
units for their own private non-official use at any time.
SECURITY OF PROPERTY
It is the sole responsibility of the NYLEA to safeguard I excess Department of Defense
personal property received through the 1208/1033 Pro ms.
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ACCOUNTABILITY OF PROPERTY
All excess DOD personal property must he managed util ing secure and controlled property
accounting records that are concise, accurate, and able tc provide timely and relevant
information. Records must be maintained until the prop is turned in, disposed of, or
transferred in accordance with the DLAI Record Managei kent Procedures and Records (DLA
Directive 5025.10). Records must provide an audit trail r all property from receipt "cradle"
to transfer,tum-in or disposal ("grave"). and arranged ii a manner that facilitates easy review,
audit and accountability of property. Because the NYL A is accountable for all roperty
received under this Program. it is important that the YLEA DOES NOT DISPOSE OF
ANY PROPERTY WITHOUT STA I COORDINA OR APPROVAL. ANY
PROCEEDS RECEIVED BY THE LEA IN THE UOURSE OF DISPOSING OF
PROPERTY MUST BE USED ONL FOR NYLEA 1URPOSES.
TURN IN OF PROPERTY
NYLEAs must coordinate all turn in re ests through th State Coordinator's (SC) Office and
obtain prior approval of the State Coor nator and LES before any property is turned in.
TRANSFER OF PROPERTY !
NYLEAs must coordinate the transfer property throu i the State Coordinator's(SC) Office.
Approval must be obtained from both t State Coordin or and LESO before any property is
transferred.
DISPOSAL OF PROPERTY
NYLEAs must obtain prior approval of the State Coordi ator and LESO before any property is
disposed of. Approval must be obtained from both the I ate Coordinator and LESO before any
property received or obtained by the NYLEA under any LA federal excess property program
including but not limited to 1208 and 1033 Program pro erty is be disposed of. Certain types of
property have various demilitarization codes assigned tc them and NYLEA's must comply with
the disposal requirements for such codes. All property ust be disposed of in accordance with
applicable federal, state and local laws and environmen I regulations but only after approval has
been received from the State Coordinator and LESO.
REPORTING LOST, STOLEN, DAMAGED OR D TROYED PROPERTY
All excess DOD personal property lost, stolen, illegally old, damaged, manipulated, illegally
diverted, or destroyed must be reported to the State Coo linator and as outlined in the State Plan
of Operation.
The SC is required to notify the LESO of theft, suspect theft, illegal diversion, or manipulation
of excess DOD personal property by a NYLEA for refei al to the appropriate federal criminal
investigative agency.
LESO AND STATE COMPLIANCE REVIEWS
LESO will conduct a Program Compliance Review(PC ) of New York State's 1033 Program
every two (2)years and may also at that time inspect in vidual NYLEAs. LESO also requires
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the State Coordinator to conduct annu on-site accounta ility inspections of selected NYLEAs
to inventory property and review recor .
The State Coordinator will review Rec ciliation Repo through the Law Enforcement
Equipment Database System (LEEDS) nd conduct ann l accountability reviews of NYLEAs.
This review will include inquiries to d rmine complia a with the State Plan of Operation and
the MOA between the State and the N ' EA. The State oordinator may also conduct such
additional accountability reviews of N LEAs as approp ate in the sole discretion of the State
Coordinator.
TRANSPORTATION OF PROPERTY
It is the responsibility of the NYLEA toj,transport reques d property from the DRMOs to their
location. Additionally, transportation costs associated h the turn-in of property to a DRMO
are the responsibility of the agency. DLA and New Yor State will not fund the transportation
costs associated with property received Under this Progr U.
TERMINATION
This MOA may be terminated by either party,provided ie other party receives sixty calendar
days (60) notice, in writing, or as otherwise stipulated b Public Law. If the NYLEA determines
that they wish to withdraw from the 10.)3 Program,the sposition of the equipment acquired
through the Program and currently held,by the NYLEA ill be determined by LESO and the
State Coordinator. A final equipment disposition plan v II be prepared and sent to the NYLEA.
The NYLEA will have ninety (90) calendar days to corr ly with the plan and any and all
disposition costs will be home by then LEA. Obligatiot of the LEA with respect to return of
and accounting for property and indemnification shall s vive termination of this MOA.
The undersigned State Coordinator and''NYLEA CEO h by agrees to comply with all
provisions set forth herein and acknowledges that any v lation of the terms and conditions of
this MOA and the State Plan of Operation may be grour Is for immediate termination and
possible legal consequences,to include pursuit of crimii il prosecution if so warranted.
NOTICES
The Defense Logistics Agency and the State of New Yc k may, from time to time, propose
modifications or amendments to the provisions of this N OA. In such cases, reasonable
opportunity will, insofar as practicable, be afforded the tate Coordinator to conform changes
affecting their operations.
CONFLICTS
In the event of a conflict between the temps of this MO executed between the NYLEA and the
State of New York and the New York State Plan of Opt ation for the 1033 Program, the
provisions of the MOA executed between the NYLEA d the State of New York shall be
controlling.
RELEASE OF LIABILITY
The NYLEA accepts the transfer of property received i der this MOA "as is" with no warranties
of fitness for any particular purpose. N representationwith respect to property, history thereof,
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maintenance, condition, prior use or safety have been in; e or can be relied on by the NYLEA.
The NYLEA acknowledges that there are hazards associ ted with the use of this property which
can result in damage to property and/or'serious injury or leath and that hidden defects may
render the property unsafe or unfit for Use until thorougf testing has occurred.
The recipient agrees that it IS NOT the,responsibility o he department of Defense, the Division
of Criminal Justice Services,the State Coordinator, the signated Point of Contact(s) or the
State of New York to provide appropriate training, or en ure that federal, state or local training,
maintenance or physical security standards are maintaini 1, to any person who may use the
property.
To the extent permitted by law, the NYLEA shall indem ify and hold the New York State
Division of Criminal Justice Services, the State of New ork, it's officers, employees and the
people of the State of New York harmless from any and II actions, claims, debts, demands,
judgments, liabilities, cost, and any incidental, consequc tial, compensatory, punitive, nominal
or any other damages of whatever kind Viand attorney's fc s arising out of or which may arise out
of, be claimed on account of, or in any manner predicat upon loss of or damage to property
and injuries, illness, disabilities or death of any and all sons whatsoever, including members
of the general public, or to the property'bf any legal or litical entity including states, local and
interstate bodies, in any manner causedby or contribute to by the Law Enforcement Agency, its
agents, servants or employees arising out of or in conne ion with the use of or failure to secure
property received under this program whether caused b he negligence of employees of the LEA
acting in the course and scope of their employment or o erwise. The NYLEA agrees and
hereby certifies that it will maintain adequate insurance cover damages or injuries to persons
or property relating to the use or possession of the prop received under this MOA. Proof of
such insurance coverage must be attached to this MOA the time of enrollment.
The Law Enforcement Agency agrees to use any prope it acquires or possesses under this
1033 Program only in a manner that is consistent with t provisions of the 1033 Program and
further agrees that it shall not sell, scrap', trade or othe e dispose of any property received or
acquired until authorized by the New York State Divisi of Criminal Justice Services and
LESOin writing and in advance of the proposed action. he Law Enforcement Agency agrees to
maintain an approved property accountability officer f6i Lhis Program. The 1033 Program
requires the State Coordinator to conduct scheduled and inscheduled audits and inspections of
property received, returned or disposed of under this 10 Program and the Law Enforcement
Agency agrees to cooperate in such efforts when reques d by the State of New York including
providing access to auditors acting on behalf of the Stati Coordinator. Remedial, recovery or
compensation imposed by the Defense Logistics Agenc in the event that property determined
by the State Coordinator to be missing,lost or which ott rwise cannot be located as a result of
audit activity, or the result of any investigation by the S1 to Coordinator, shall be the
responsibility of the Law Enforcement Agency, and the aw Enforcement Agency shall
indemnify the State of New York for any damages asse ed against the State arising out of such
a claim.
The NYLEA acknowledges that it has been informed th t, upon disposal, such disposal may
produce hazardous waste. Transportation, storage, and isposal of such waste are the sole
responsibility of the NYLEA. The NYLEA also ackno edges that it is solely responsible for
the proper disposal of, and any and all costs associated 1 ith, any element or expendable
subcomponent in accordance with environmental protec ion laws and regulations.
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ATTESTATION
As Chief Executive Officer of the Law nforcement Agicy named above I certify that I have
received and read the New York State an of Operation ind agree to comply with the terms and
conditions as set forth in the State Plan f Operation and he Memorandum of Agreement
including provisions with respect to in rance requiremc its and that I have the authority to
represent the Law Enforcement Agenc named above ir this matter and that I am acting on
behalf of the Law Enforcement Agenc named above in xecuting this agreement. I certify that
in the event that the Law Enforcement:Agency named a ve is an operating unit of a Political
Subdivision of the State of New York that I have to auth Irity to act on, bind and commit the
Political Subdivision to the terms and conditions hereof r in the alternative in addition to my
own signature, I have secured the signature of the approl riate officer or official of the political
subdivision who has such authority.
ATTACH PROOF OF INSURANCE COVERAGE TOT IS PAGE.
ency Chief E tiv ffi (Signature)
CEO Printe Name: T omas L. Boyce _
Title: Chief of Police _
Agency: Cayuga Heights Police department_
Address: 836 Hanshaw Road
City/State/Zip: Ithaca, NY 14850 _
Date(MM/DD/YYYY): '
Kate Su ron-Mayor, Village of Cayuga He
Printed Name and Title Signature
Date(MM/DD/YYYY):
Printed Name and Title Signature
Date(MM/DD/YYYY):
Printed Name and Title Signature
Date(MM/DD/YYYY):
Printed Name and Title iSignature
Date(MM/DD/YYYY):
Printed Name and Title Signature
Date(MM/DD/YYYY):
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dda
STATE OF N PO F"KssCOUNTYOF �nStt`On the 1Nday ofn intheyear 111 , before me personally appeared
Thomas L. Bo ce , know to me to be the person who executed
the foregoing instrho, being ly sworn by me id depose and say that s/he resides at
836 Hanshaw Road
Town of Ithaca
County ofStat f New York
and further that s/ uly authori d officer of the ayuga Heights Police Department that
s/he is authorized tte the foreg g instrument o behalf of the
Cayuga Heights Polfor pu ses set forth th ein; and that, pursuant to that authority,
s/he executed the fg instrumen n the name of a on behalf of said Law Enforcement
Agency/Political Sion as the ac nd deed of sai Law Enforcement Agency/Political
Subdivision. jNoj
laM.Korbel
K08216194
Nota P lic o arn Tompkins Oo ntY
YoNo�ric,State of New Yodc
ission Expires
aury11,2014
FOR US Y STATE COINATOR
Debra Bourque f
1033 Program State Coordinator
Chief of Program Services, Office of Publ Safety
NYS Division of Criminal Justice Service9
Date(MM/DD/YYYY):
STATE OF }
ss
COUNTY OF }
On the_day of _ in the year _, before me personally appeared
,know to me to be the person who executed
the foregoing instrument, who, being duly sworn by me lid depose and say that s/he resides at
Town of
County of Stat f
; and further that s/he is a duly authorized officer of that
s/he is authorized to execute the foregoing instrument o behalf of the
for purposes set forth th ein; and that, pursuant to that authority,
s/he executed the foregoing instrument in the name of a on behalf of said Law Enforcement
Agency/Political Subdivision as the act a nd deed of sai Law Enforcement Agency/Political
Subdivision.
Notary Public
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New York State Division of CriIfety
nal Justice Services
1033 FIderal Excess Prorty Program
Office of Public
�1 4 Towe Place,Albany,N w York 12203
ENROLLMENTAPF ICATION
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Law Enforcement Agency: Cayuga Heights olice Depart ent
Street Address(No P.O.Box) 836 Hanshaw R d
City Ithaca zip+4 850-1595 county Tompkins
Phone#607-257-1011 Fax# 7-257-3474 Email jsteinmetz@cayuga-heights.ny.us
Jurisdiction Covers(Name(s)of County,City,Town Village) Villageo Cayuga Heights
Square Miles 2 Population 3,300 Road Patrol Yes No
Navigable Waterway(s) C' Yes (7 No Name of Waterway(s) Size
Number of compensated sworn police officers Full Time 6 Part Time 8
For categories below, list both the number o Full Time(FT)a d Part Time (PT)compensated sworn officers:
Tactical Officers FT 2 PT Fire m Instructors FT 3 PT 2
Scuba Officers FT PT Mai ie Patrol Officers FT PT
Pilots FT PT FA ertified Mechanics FT PT
Narcotics Officers FT PT Anr irers FT 3 PT 2
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Agency Chief Executive Officer Informatio
Name Thomas L. Boyce Rank ief Email tboyce@cayuga-heights.ny.us
Office# 607-257-1011 Cell# Fax# 607-257-3474
Property Accountability Officer(Must be a c ripensatedsworr :dficed
Name Thomas L. Boyce Rank iief Email tboyce@cayuga-heights.ny.us
Office# 607-257-1011 Cell# Fax# 607-257-3474
Weapons Point of Contact(Must be a compe ated full-time sw n officer)
Name .James M. Steinmetz Rank rgeant Email jsteinmetz@cayuga-heights.ny.us
Office# 607-257-1011 Cell# E 7-279-2907 Fax# 607-257-3474
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Aircraft and Aircraft Parts Point of Contae Mustbe a comp sated full-timesworn officeroremployee)
Name Rank Email
Office# Cell# Fax#
Continued on Page 2>
Authorized Screener(Must have a minimum of2 scre jners with a maximur of and must be compensated sworn officers)
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Screenerl
Name Thomas L. Boyce Rank ' lef Email tboyce@cayuga-heights.ny.us
office# 607-257-1011 Cell# Fax# 607-257-3474
Screenerl
Name James M. Steinmetz Rank Sergeant Email lsteinmetz@cayuga-heights.ny.us
Office#
607-257-1011 Cell 4 7-279-2907 Fax# 607-257-3474
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Screener 3
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Name Rank Email
Office# Cell# Fax#
Screener4
Name Rank Email
Office# Cell# Fax#
Thomas L. Boyce June 13, 2011
CEO Print Name -�+re Date
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CLEAR
LAW ENFORCEMENT AGI iff (LEA)
APPLICATION FOR PART IPATION
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*This application must be updated and r ubmitted within 30 ys of any changes or on an annual basis
NEW O UPDATE SCREE R ID(Update Only):
AGENCY:Cayuga Heights Police Depa _ ent
PHYSICAL ADDRESS(No P.O.Box):836 Hanshaw Road
MAILING ADDRESS(If different than above):_ --
CITY:
Ithaca STATE:New York
ZIP:14850 EMAIL:Jsteinmetz@cay a-heights.ny.us
PHONE:607-257-1011 FAX 07-257-3474
NUMBER OF COMPENSATED OFFICERS WITH ARRE! AND APPREHENSION AUTHORITY
0
FULL-TIME:
6 PART-TIME: 8 RESERVE:
SCREENER(S)POC: MUST HAVI T LEAST ONE
*MAIN POC: Designated POC for calls and emails on 103 Program requests and property pickup
SCREENER/MAIN POO Sergeant James M. Steinmetz
SCREENER/POC#2: Chief Thomas L. Boyce
SCREENEWPOC#3:
SCREENER/POC#4:
WEAPON POC(Optional):
AIRCRAFT POC(Optional):
INVENTORY CHE K
Does the Agency currently have any equipment from the 1208/103 Program? YES O NO
O
WEAPONS: YESO NOO AIRCRAFT: YES NOO WATERCRAFT: YESO NOO
TACTICAL: YESO NOO OTHER
PROPERTY
*By YES NOO ((LEESS THAN A YEAR OLD)MIL A:
VEHICLESNOO
VEHICLES
*By signing this application,the Chief Executive Official/Head f Agency(Local Field Office)is aware of
1208/1033 Property currently in the possession of their depart nt.
*Upon acceptance into the 1033 Program,1 understand that I ve 30 days to familiarize myself with the
State Plan of Operation and all 1033 Program guidance that is rovided by the State Coordinator and that by
signing,I certify that all information contained above is valid d accurate.
CHIEF EXECUTIVE OFFICIAL/:
Thomas L. Boyce DATE:06/13/2011
- -
HEAD OF LOCAL AGENCY PRINTED Nn
JAL
STATE COORDINATOR: DATE:
(NOT REQUIRED FOR FEDERAL) PRINTEDNAI E
F
SIGNATURE
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