HomeMy WebLinkAboutCAG2018-0999 - Original - State of Washington - State Plan of Operation (SPO) with respect to excess Department of Defence (DOD) Personal Property Transfers - 10/02/2018ApprovalOriginator:Department:
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rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
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* Memo to Mayor must be attached
This State Plan of Operation (SPO) is entered into between the State of Washington and the Kent Police
Department, to set forth the terms and conditions which will be binding on the parties with respect to
excess Department of Defense (DOD) personal property transferred pursuant to 10 USC § 2576a in
order to promote the efficient and expeditious transfer of property and to ensure accountability of the
same.
The Seczetary of Defense is authorized by 10 USC § 2576a to transfer to Federal and State/Territory
Law Enforcement Agencies (LEAS), personal property that is excess to the needs of the DOD, including
small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law
enforcement activities, with preferences for counter-drug/counter-terrorism or border security activities,
under such terms prescribed by the Secretary. The Secretary of Defense has delegated authority for
management of this program to the DLA. DLA defines law enforcement activities as activities
performed by governmental agencies whose primary function is the enforcement of applicable Federal,
State/Territory, and local laws and whose compensated law enforcement officers have powers of arrest
and apprehension. This program is known as the Law Enforcement Support Program and commonly
referred to as the "LESO Program" or "1033 Program" and is administered by DLA Disposition
Services, LESO.
A. Operational Authority
The Governor of the State of Washington has designated in writing with an effective date of 6-19-17 to
implement this program statewide as well as conduct management and oversight of this program.
Funding / Budgeting to administer this program is provided by Department of Enterprise Services.
The provided funding is used to support assistance to the.LEAs with customer service to include
computer /telephone assistance and physical visits to the LEAs to assist with acquiring access to the
LESO Program. The staffing to provide the support to the LEAs within the State of Washington is as
follows:
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State Coordinator (SC}: Mimi Limmeroth
State Point of Contact (SPOC): Dale Richardson
State Point of Contact (SPOC): Scott Fifield
State Point of Contact (SPOC): Stacy Eaves
The following is the facility / physical location and business hours to provide customer service to those
LEAS currently enrolled, as well as interested participants of the LESO Program:
Agency Address %Location: 7511 New Market St. SW, Olympia, WA. 98504
E-Mail /Contact Phone Numbers: mimi.limmeroth�),ds.�va,�;ov 360.407.1926
Fax Number: None
Hours of Operation: Monday -Friday 8:00-5:00
B. All property is transferred and the recipient Kent Police Department agrees to accept property on an as -is,
where -is basis. The DLA has final authority to determine the type, quantity, and allocation of excess
DoD personal property suitable for law enforcement activities.
C. This agreement creates no entitlement to the State or Territory to receive excess DoD personal property,
DLA retains the right to recall any property during the period that it is conditionally transferred.
D. The Kent Police Department understands that property made available under this agreement is for the use
of authorized program participants only. Authorized participants who receive property from the LESO
Program will not loan, donate, or otherwise provide property to other groups or entities that are not
otherwise authorized to participate in the Program. Authorized participating agencies may, with prior
approval from the State/Territory on a temporary basis, conditionally loan property to another
participating agency as their mission requires, utilizing an Equipment Custody Receipt (ECR). Property
temporarily loaned will be returned to the LEA responsible for the accountability. All requests for
property will be based on bona fide law enforcement requirements.
E. Controlled property (equipment) includes any property that has a Demilitarization (DEMIL) Code of B,
To receive such property, on an annual basis the LEA shall certify (Ref: 10 U.S. Cade § 2576a):
1) That it has obtained the authorization of the relevant local governing body authority (city
council, mayor etc.) to participate in the program.
2) That it has adopted publicly available protocols for the appropriate use of controlled
property, the supervision of such use, and the evaluation of the effectiveness of such use,
including auditing and accountability policies.
3) That it provides annual training to relevant personnel on the maintenance, sustainment, and
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appropriate use of controlled property.
F. The Kent Police Department will maintain and enforce regulations designed to impose adequate security
and accountability measures for controlled property to mitigate the risk of loss or theft.
G. Upon approval of written requests, cannibalization maybe performed on approved aircraft, armored
vehicles, and High Mobility Multipurpose Wheeled Vehicles (HMMWVs). Requests will be submitted
in writing to the State and approved by the LESO for approval. The cannibalized end item must be
returned to DLA Disposition Services within the allotted timeframes determined by the LESO.
H. The LESO conditionally transfers all excess DoD property to States/Territories/LEAs enrolled in the
LESO Program. Title or ownership of controlled property will remain with the DoD in perpetuity and
will not be relinquished to the States/Territories/LEAs. When the States/Territories/LEAs no longer has
a legitimate law enforcement use for controlled property, the States/Territories/LEAs will notify the LESO
and the controlled property must either be transferred to another enrolled LEA (via, standard transfer
process) or returned to DLA Disposition Services for disposal. The LESO reserves the right to recall
controlled and non -controlled property issued through the DLA at any time.
I. Property with a DEMIL Code of "A" and "Q" with an Integrity Code of "6" (Q6) is also conditionally
transferred to the State/LEA, yet controlled for one (1) year from the ship date. However, after one (1)
year from the ship date, the DLA will relinquish ownership and title to the State/Territory/LEA. Prior to
this date, the State/Territory/LEA remains responsible for the accountability and physical control of the
item(s) and the Program retains the right to recall the property.
1) Property with DEMIL Codes of "A" and "Q6" will be placed in a closed status on the
LEA's LESO inventory upon meeting the one year mark.
2) Once closed, the property is no longer subject to the annual inventory requirements and will
not be inventoried during a LESO Program Compliance Review (PCR).
3) Ownership and title of DEMIL "A" and "Q6" items that have been closed will pass from the
DoD to the LEA one year from the ship date, without issuance of any further documentation.
4) LEAs receive title and ownership of DEMIL "A" and "Q6" items as governmental
entities. Title and ownership of DEMIL "A" and "Q6" property does not pass from D%J
to any private individual or LEA official in their private capacity. Accordingly, such
property should be maintained and ultimately disposed of in accordance with provisions
in State/Territory and local laws that govern public property. Sales or gifting of
DEMIL"A" and "Q6" property after one year from the ship date in a manner inconsistent
with State/Territory or local law may constitute grounds to deny future participation in
the LESO Program.
5) An SF 97 form will be provided upon physical transfer for vehicles. Recipients are
authorized to make upgrades to vehicles during the one (1) year conditional period. Fuil
title to DEMIL "A" and "Q6" property, including vehicles, will vest in the recipient after
one (1) year if all other requirements of this agreement have been met. After the one (1)
year period DEMIL "A" and "Q6" items may be transferred, cannibalized for usable
parts, sold, donated or scrapped.
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J. LEAs are not authorized to transfer any property on their inventory without State and LESO
notification and approval. Property will not physically move until the LESO approval process is
complete.
K. Certain controlled equipment will have a documented chain of custody (i.e. Equipment Custody
Receipt [ECR] or equivalent), including a signature of the recipient. Controlled equipment
requiring a chain of custody are: small arms, aircraft, high profile vehicles, optics, robots, and
small arm's parts/accessories. It is encouraged to utilize ECRs for all controlled equipment.
Regarding ECRs during a LESO PCR see section VI, A, 4.
L. Sale or transfer of DEMIL Codes "A" or "Q6" property after the one {1) year conditional holding and
utilization period to non -LEA participants will be executed in compliance with U.S. Export Control
Regulations.
1) Excess personal property maybe export -controlled, regardless of the assigned DEMIL Code and
regardless of the Department or Agency that donates the property.
2) DEMIL Codes are not a substitute foi• export controls. They do not provide information on the
export control requirements for an item.
3) The Transferee is responsible for complying with U.S. Export Control Laws and Regulations,
including the Export Administration Regulations (EAR) (1 S CFR Parts 730-774) and the
International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130).
a} This responsibility exists independent of, and is not established or limited by, the
information provided in this statement of compliance.
b) The responsibility includes, but is not limited to, determining the subsequent transferee's
eligibility to receive such items in accordance with U.S. Export Control Laws and
Regulations.
c) Information on the EAR and ITAR are at: hops:/i'www.bis.cloc.=„ov/inclex.php and
htgas:Ifv��vw.prnddtc.state.govfindex.html.
d) Tips:.
i. If Transferee has doubts about which regulation governs control of the item, they
may submit a commodity jurisdiction request to the Department of State,
Directorate of Defense Trade Controls to determine whether it is subject to the
ITAR or EAR. Information on commodity jurisdiction requests can be found at:
hM)://www.L)md(itc.stan te,gov/couriodity_ jUri sdiction/index.11 till I.
ii. If Transferee is sure the item is subject to the EAR, but needs help determining the
correct Export Control Classification Number (ECCN), they may submit a
commodity classification request to the Department of Commerce, Bureau of
Industry and Security (BIS). Information on classification requests can be found
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at: Imps://www.bis.doc. cov/index.php/licensing/commerce-control-list-
elassi ficati on/classi fication-request-guidelines
For items subject to the EAR: Transferee is cautioned that prior to sale or
transfer of items they should be familiar with their customer and intended end
use of the items. Transferees must check prospective Transfereesibuyers to
ensure they are not on the Department of Commerce List of Parties of Concern
(https://www.bis.doc..gov/index php/policy-guidance/lists-of parties -of -
concern) and the transfer/sale complies with the EAR, including 15 CFR Part
736. BIS Export Compliance Guidelines are at:
https://ww�v bis doc gov/index php/forms-documents/pdfs/1641-ecp/file
4) The Transferee must notify all subsequent purchasers or Transferees in writing, of their
responsibility to comply with U.S. Export Control Laws and Regulations.
5) Definition. "Export -controlled items," as used in this statement of compliance, means items
subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the
International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes:
a) "Items," defined in the EAR 15 CFR 772.1. as "commodities", "software", and
"technology."
b) "Defense Articles, Defense Services, and related Technical Data defined in the
ITAR, 22 CFR Part 120.
A. An LEA will have at least one full-time law enforcement officer in order to enroll and/or receive
property via the LESO Program. Only full-time and part-time law enforcement officers are
authorized to receive property. Non -compensated reserve officers are not authorized to receive
property. State law enforcement training facilities/academies may be authorized to participate in the
program given the primary function is the training of bona fide State/Territory and Local law
enforcement officers. Law Enforcement training facilities/academies will be reviewed and approved
for participation on a case -by -case basis via concurrence of DLA Disposition Services, DLA General
Counsel, and DLA J349.
B. Unauthorized Participants. Nongovernmental law enforcement entities such as private railroad
police, private security, private academies, correctional departments and prisons, or security police at
private schools or colleges. Fire departments, by definition, are ineligible for the Law Enforcement
Support Program.
C. The State shall:
1) Establish and implement the LESO Program eligibility criteria in accordance with 10
USC § 2576a, DLA Instructions and Manuals regarding the LESO Program, and this
MOA.
2) Receive and process applications for participation from eligible LEAs within their state.
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3) Collect originating agency identifier code for all new, reactivation (whether voluntary
separation or termination), and otherwise suspicious applications. Originating agency
identifier will be coordinated with DLA Office of the Inspector General (OIG) for validation
against the Federal Bureau of Investigation's National Crime Information Center database.
4} Ensure only authorized LEA applications for participation are submitted to the Program for
approval. Applications are required by the LESO Standard Operating Procedures (SOP) to be
submitted within thirty (30) days of both the CLEO's and the State's/Territory's approved
signature and date.
5) Validate the authenticity of the LEAS within their State/Territory that are applying for
participation. If the State/Territory forwards an unauthorized participant application, this
may result in a formal suspension of the State/Territory.
6) Determine the qualifications of a full-time law enforcement officer.
7) Have sole discretion to disapprove LEA applications on behalf of the Governor of their
State/Territory. The LESO should be notified of any applications disapproved at the
State/Territory level. The State/Territory will only forward and recommend/certify LEAS
to the LESO that are government agencies whose primary function is the enforcement of
applicable Federal, State/Territory, and local laws and whose compensated officers have
the powers of arrest and apprehension. The LESO retains final approval/disapproval
authority for all LEA applications forwarded by the States/Territories.
8) Ensure LEAS enrolled in the Program update the LEA's account information annually, or as
needed. This may require the LEA to submit an updated application. Updated applications are
required to be submitted for, but are not limited to, the following reasons: a change in CLEO,
the addition or removal of a screener, and/or a change in the LEA's address or contact
information.
9) Provide a comprehensive overview of the Program to all LEAs once they are approved
for enrollment. This comprehensive overview will be done within thirty (30) days of an
LEA receiving the LESO's approval to participate.
10) Ensure that screeners of property are employees of the LEA. A screener may only screen
property for two Law Enforcement Agencies. Contractors may not conduct screening on
behalf of the LEA.
11) Ensure at least one person per LEA maintains access to the Federal Excess Property
Management Information System (FEPMIS), or current property accounting system.
Account holders will be employees of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals regarding the LESO Program and this MOA, each
State/Territory is required to conduct an annual physical inventory certification of all property on the
inventory. Annual inventories start on October l of each year and end January 31 of each year.
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1) DEMIL "A" and "Q6" property records will not be closed during the annual inventory.
B. The State shall:
1) Receive and validate incoming certified inventories and reconcile inventories from
the LEAs.
2) Ensure LEAS validate and provide serial numbers and photos identified during the
annual inventory process for inclusion in the LESO property accounting system for all
aircraft, armored vehicles, small arms and other unique items, as required.
3} Suspend a LEA as a resin# of the LEA's failure to properly submit certified inventories,
according to the aforementioned requirements.
C. The LEA shall:
1) Complete and certify the annual physical inventory as required for continued participation
in the program.
2) Adhere to additional annual certification requirements as identified by the LESO. All
inventories and certification statements will be maintained on file indefinitely.
a) The State and LESO requires each LEA to submit certif ed inventories for their
agency by January 31 of each year. The Fiscal Year (FY) is defined as October 1
through September 30 of each year. This gives the LEA four (4) months to
physically inventory DLA LESO Program propertyin their possession and submit
their certified inventories to their State Coordinator.
b} In addition to the certified inventories, the LESO requires photographs for all
High- Profile property identified as aircraft, armored vehicles, small arms, and
other unique items as required, received through the Program.
i. The LESO requires a side and data plate photo for aircraft and vehicles
that are serial number controlled, received through the Program.
ii. The LESO requires serial number photos for each small arm received
through the Program.
c) LEAs that fail to submit the certified annual inventorybyJanuary3l maybe
suspended from operations within the Program. When a LEA is suspended, a
Corrective Action Plan (CAP) will need to be submitted to the State and LESO
identifying all actions taken to correct the deficiencies. Further failure to submit
the certified annual inventory may result in a LEA's termination.
3) Be aware that High -Profile commodities (aircraft, armored vehicles and small arms) and
other property maybe subject to additional controls.
4) Ensure that an approved current SPO is uploaded in FEPMIS.
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VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a PCR for each State/Territory that is enrolled in the LESO Program every two (2)
years. The Program reserves the right to conduct no notice PCRs, or require an annual review, or
similar inspection, on a more frequent basis for any State/Territory. LESO PCRs are performed in
order to ensure that State Coordinators, SPOCs, and all LEAS within a State/Territory are compliant
with the terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instruction
and Manuals regarding the LESO Program, and this MOA.
1} If a State/Territory and/or LEA fails a PCR; the LESO will immediately suspend their
operations and will subsequently issue corrective actions (with suspense dates) to the
State Coordinator, which will identify what is needed to rectify the identified
deficiencies within his/her State/Territory.
2) If a State/Territory and/or LEA fails to correct identified deficiencies by the given
suspense dates, the LESO will move to terminate the Program operations within the
State/Territory and/or LEA.
3) States/Territories and/or LEAS which fail a program compliance review will be suspended
for a minimum of sixty (60) days and will not be reinstated until DLA conducts a re -
inspection on the State/Territory and the State/Territory and/or LEA successfully passes
the inspection.
4) During a LESO PCR, it is the Program's intent to physically inventory 100% of property
selected for review at each LEA. The use of ECRs in lieu of physical inspection is
discouraged during PCRs.
B. The State/Territory shall:
1) Support the LESO PCR processby:
a) Coordinating and forwarding completed PCR daily events schedule to the
selected LEAs to be reviewed.
b} Contacting LEAs selected for review via phone and email to ensure they are
aware of the PCR schedule and prepared for review.
c) Receiving inventory selections from the LESO and forwarding them to the selected
LEAS.
� Ensuring the LEA Points of Contact (POCs) gather the selected items in a central
Location to ensure the LESO can efficiently inventory the items.
e) Providing additional assistance to the LESO as required, prior to, during, and upon
completion of the PCR.
2) Conduct internal PCRs of LEAs participating in the Program in order to ensure
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accountability, program compliance, program eligibility and validate annual inventory
submissions are accurate. The State/Territory will ensure an internal PCR of at least 5% of
LEAS that have a property book from the LESO Program within his/her State/Territory is
completed annually. Results of internal PCRs will be kept on -file at the State Coordinator's
Office.
a) The internal PCR will include, at minimum:
i. A review of the SPO signed by both parties, ensuring that the SPO is uploaded
into the Station Management Utility within FEPMIS.
ii. A review of the LEA's application/screenerletter.
iii. A physical inventory of DLA LESO Program property selected for review at
each LEA.
iv. A specific review of each selected LEA's files for the following: DD
Form 1348-1A for each item currently on inventory, small arms
documentation, transfer documents, turn -in documents, inventory
adjustment documents, exception to policy letters (if any), approved
cannibalization requests (if any), or other pertinent documentation as
required.
v. Review and confirm authenticity and eligibility of the LEA.
b) For uniformity purposes, the State/Territory shall utilize a PCR checklist
provided by the LESO, or equivalent.
c) In cases that require a repossession or turn -in of property, the State/Territory
and/or LEA will bear all expenses related to the repossession and/or turn-
in/transfer of DLA LESO Program property to the appropriate DLA Disposition
Services site.
A. All property Lost, Stolen or Destroyed (LSD), carried on a LEAS current inventory, must be
reported to the LESO.
1) LSD controlled property must be reported to the LESO within twenty-four (24) hours. The
LEA maybe required to provide the following:
a) A comprehensive police report
b) A National Crime Information Center (NCIC) report/entry
2) The State/Temtory will provide the contact information for the Civilian Governing Body
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over the LEA involved, to include: Title, Name, Email and mailing address.
3) LSD property with a DEMIL Code of A. and "Q6" must be reported to the LESO
within seven (7) days.
4) All LEAs participating in the program will agree to cooperate with investigations into LSD
by the DLA OIG.
5) ADD 200 Form, Financial Liability Investigation for Property Loss (FLIPL) tivill be required
to be submitted to the LESO for all unaccounted for property.
B. LESO may grant extensions to the reporting requirements Listed above on a case -by -case basis.
A. All aircraft are considered controlled property, regardless of DEMIL Code. The SPO will ensure that
all LEAs and all subsequent users are aware of, and agree to provide, all required controls and
documentation in accordance with applicable laws and regulations for these items.
B. LEAs no longer requiring small arms issued through the LESO Program will request authorization to
transfer or turn -in small arms. Transfers and turn -ins will be forwarded and endorsed by the
State/Territory, and approved by the LESO. Small arms will not physically move until the LESO
provides official notification that the approval process is complete.
When returning small arms to Anniston Army Depot, LEAS are required to:
I) Provide the 1348-1A turn in document that has been approved through the LESO.
2) Provide an appointment letter signed by the OLEO, or their designee, appointing the certifier
and verifier to that position (found on the LESO websiLe).
3) Provide the inert certificate that has been signed by a qualified certifier and verifier.
4) Insert a flag safety or chamber flag into the chamber for visual verification that the small
arm is clear of ammunition.
5) The aforementioned documentation will be placed in a packing slip affixed to the outside of
the shipping container. A duplicate set of documents will be placed inside the shipping
container.
C. Small arms that are issued must have a documented chain of custody, with the chain of custody
including a signature of the receiving officer indicating that he/she has received the appropriate small
arm(s) with the correct, specified serial number(s). Small arms that are issued to an officer will be
issued utilizing an Equipment Custody Receipt; this Custody Receipt obtains the signature of the
officer/deputy responsible for the small arm.
D. Modifications to small arms are authorized. All parts are to be retained and accounted for in a secured
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location under the original serial number for the small arm until final disposal. If the modified small
arm is transferred to another LEA, all parts must accompany the small arm to the receiving LEA.
E. Weapon Accountability. Law enforcement agencies that have multiple instances of a missing, lost, or
stolen LESO Program small arm within a five (5) year window will be assessed by DLA Disposition
Services to determine if a systemic problem exists.
1) First Instance of Loss/theft: Will result in a sixty (60) day minimum suspension.
2) Second Instance of Loss/theft: Will result in a one hundred and eighty (180) day minimum
suspension.
3) Third Instance of Loss/theft: Will result in a two hundred and forty (240) day minimum
suspension. DLA Disposition Services will submit a formal assessment presenting all the
facts of the instances of loss, relevant data, and evidence as to whether a systemic problem
exists to DLA J34 for review and coordination. DLA Disposition Services will recommend
potential disciplinary actions which could include recalling the agency's loaned small arms
or termination from the Program.
F. Aircraft and small arms will not be obtained by any authorized participant for the purpose of sale,
lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and will be returned to the
LESO at the end of their useful life.
A. The LESO, State Coordinator, and LEAS enrolled in the LESO Program must maintain all records in
accordance with the DLA Records Schedule. Records for property acquired through the LESO
Program have retention controls based on the DEMIL Codes. All documents concerning property
record will be retained.
1) Property records for items with DEMIL Codes of "A" and "Q6" will be retained for two
(2) calendar years from the date the property is removed from the LEA's property book
before being destroyed.
2) Property records for controlled property will be retained for five (5)calendar years
from the date the property is removed from the LEA's property book before being
destroyed.
3) Environmental Property records will be retained for fifty (50) years, regardless of DEMIL
Code (Chemicals, Batteries, Hazardous Material/Hazardous Waste).
4) LESO Program files will be segregated from all other records.
5) All property records will be filed, retained, and destroyed in accordance with DLA Records
Schedule. These records include, but are not limited to, the following: DD Form 1348-1A
for approved requests for transfers, turn -ins, requisitions, and any other pertinent
documentation and/or records associated with the LESO Program (i.e. approved Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of
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Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC 8050-1).
A. 10 USC Is 280 provides that the Secretary of Defense, in cooperation with the U.S. Attorney
General, shall conduct an annual briefing of law enforcement personnel of each State/Territory
(including law enforcement personnel of the political subdivisions of each State/Territory).
The briefing will include information on training, technical support, equipment, and facilities
that are available to civilian law enforcement personnel from the Department of Defense.
B. The State shall organize and conduct training pertaining to information, equipment technical support
and training available to LEAs via the LESO Program.
C. The State/Territory shall ensure at least one representative (i.e. the State Coordinator or SPOC)attend
the annual training that LESO conducts.
A. The State Shall:
1) Upon receipt of a valid LEA request for property through the DLA Disposition Services
RTD Website, give a preference to those requisitions indicating that the transferred
property will be used in the counter-drug/counter-terrorism or border security activities of
the recipient agency. Additionally, to the greatest extent possible, the State will ensure
fair and equitable distribution of property based on current LEA inventory and LEA
justifications for property.
2) The State and the LESO reserves the right to determine and/or adjust allocation limits.
Generally, no more than one of any item per officer will be allocated. Quantity exceptions
may be granted on a case -by -case basis by the LESO based on the justification provided by
the LEA. Currently, the following allocation limits apply:
a) Small Arms: one (1) of each type for every qualified officer, full-time/part-
time;
b) HMMWVs/Up-Armored HMMWVs: one (1) vehicle for every three {3) officers;
c) MRAPs/Armored Vehicles: two (2) vehicles per LEA;
d) Robots: one (1) of each type for every twenty five (25) officers
3) Additional justification maybe required for small arms and armored vehicles. The LESO
reserves final authority on determining the approval and/or disapproval for requests of
specific types and quantities of excess DoD property.
4) Access the DLA Disposition Services RTD Website at a minimum of once daily (Monday -
Friday) to review/process LEAs' requests for excess DaD property.
B. The LEA shall:
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1) Ensure an appropriate justification is submitted when requesting excess DoD property via the
DLA Disposition Services RTD Website.
2) Access the LESO website for timely and accurate guidance, information, and links
concerning the LESO Program and ensure that all relevant information is reviewed.
3) When requesting property for counter-drug/counter-terrorism or border security activities,
provide a justification that specifies that the property will be used for such activities.
4) Maintain access to FEPMIS to ensure the LEA is properly maintaining their property
books, to include, but not limited to, transfers, turn -ins, and disposal requests.
a) FEPMIS account holders must be employees of the LEA.
A. The State/Territory/LEA is required to abide by the terms and conditions of the DLA MOA and
SPO in order to maintain active status.
B. If a State Coordinator or LEA fails to comply with any terms of the DLA MOA, Federal statute
or regulation, SPO, or a State MOA, the State and/or LEA may be placed on restricted status,
suspended, and/or terminated from the Program. All suspension or termination notifications will
be in writing and will identify remedial measures required for reinstatement, if applicable.
1) Suspension: A specified period of time in which an entire StatelTerritory or identified
LEA(s) is prohibited from requesting and receiving additional property through the
Program. Additional requirements for remedial action may also be placed on
suspended activities, to include return of all or specifically identified controlled
property. Suspensions will be for a minimum of sixty (60) days.
2) Termination: Removal of a LEA or State from participating in the Program. The
State Coordinator and/or identified LEAD will transfer or turn-m all controlled
property previously received through the Law Enforcement Support Program at the
expense of the State and/or the LEAs.
3) Restricted Status: A specified period of time in which aState/Territory or LEA is
restricted from receiving an item or commodity due to isolated issues with the
identified commodity. Restricted status may also include restricting an agency from
all controlled property. Restricted status is commonly used for agencies that have
active consent decrees from the Department of Justice.
C. The State shall:
1) Suspend LEAS for a minimum of sixty (60) days in all situations relatingto the suspected
or actual abuse of DLA LESO Program property or requirements and/or repeated failure to
meet the terms and conditions of this DLA MOA. Suspension may lead to termination.
2) Coordinate with the LESO, who will have final discretion on reinstatement requests.
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Reinstatement to full participation from a suspension and/or termination is not
automatic.
3) Issue corrective action guidance in coordination with LESO and the LEA with
suspense dates to rectify issues and/or discrepancies that caused suspension and/or
termination.
4) Require the LEA to submit results regarding all completed police investigations
and/or reports regarding LSD DLA LESO Program property to include the LEA's
CAP.
5) Suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any
terms of the DLA MOA, the DLA Instruction and Manuals regarding the LESO
Program, any Federal statute or regulation, or this State Plan of Operation.
� In the event of a LEA termination, make every attempt to transfer the DLA LESO Program
property of the terminated LEA to an authorized State/Territory or LEA, as applicable, prior
to requesting a turn -in of the property to the appropriate DLA Disposition Services location.
a) In cases relating to an LEA termination, the LEA will have ninety (9�) days to
complete the transfer or turn -in of all DLA LESO Program property in their
possession.
� Notify the LESO and initiate an investigation into any questionable activity or action
involving DLA LESO Program property issued to an LEA that comes to the attention of the
State/Territory, and is otherwise within the authority of the Governor/State/Territory to
investigate. Upon conclusion of any such investigation, take appropriate action and/or make
appropriate recommendations on suspension or termination of the LEA to the LESO.
States/Territories, acting on behalf of their Governor, may revoke or terminate their
concurrence for LEA participation in the LESO Program at any time and for any reason.
8) Request that the LESO suspend or terminate a LEA from the LESO Program if a LEA
fails to comply with any term of this MOA, the DLA Instructions and Manuals regarding
the LESO Program, any Federal statute or regulation, or the SPO.
9) Implement State level LEA suspensions and notify the LESO if a LEA fails to comply
with any term of this MOA, the DLA Instructions and Manuals regarding the LESO
Program, any Federal statute or regulation, or the SPO.
10} Initiate corrective action to rectify suspensions and/or terminations placed upon the
State for failure to meet the terms and conditions of the LESO Program.
11} Make contact (until resolved) with suspended LEA(s) within his/her State to ensure
corrective actions are rectified by the timeframe provided by the LESO.
12) Require the LEAS to complete and submit results regarding all completed police
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investigations and/or reports regarding LSD DLA LESO Program property. The
State/Territory must submit all documentation to the LESO upon receipt.
13) Provide documentation to the LESO when actionable items are rectified for the State
and/or LEA(s).
14) Provide a written request to the LESO for reinstatement of an LEA via the State
Coordinator or SPOC(s) for full participation status at the conclusion of a suspension
period.
15) Provide a written request to the LESO for reinstatement of the State via the Governor
for full participation status at the conclusion of a suspension period.
D. The LEA shall:
1} In the event of the LEA termination, make every attempt to transfer the DLA LESO
Program property to an authorized participating LEA, as applicable, prior to requesting a
tum-in of the property to the approved DLA Disposition Services location.
a) In cases of a State termination, the State will have one hundred and twenty (120)
days to complete the transfer or turn -in of all DLA LESO Program property in
their State.
b) In cases relating to an LEA termination, the LEA will have ninety (90}
days to complete the transfer or turn -in of all DLA LESO Program property
in their possession.
A. DLA in support of the United States Army will aid in allocating ammunition to LEAS.
1) U.S. Army will issue approved transfers directly to the LEA. LEAS are responsible for
funding all costs associated with the packing and shipping of ammunition and will make
reimbursements directly to the U.S. Army.
2) All ammunition obtained via the Law Enforcement Support Program will be for training
purposes only. At the time of request, LEAS will certify in writing that the ammunition will
be used for training purposes only. Ammunition will not be obtained for the purpose of sale,
lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition
obtained through the Program shall not be sold.
3) Ammunition will be treated as a consumable item and not tracked in any DLA inventory
system or inspected during compliance reviews.
4) DLA Disposition Services will track and preserve necessary records of ammunition
transferred to a LEA and will post all agency requests, approvals, and denials on the public
web -page.
XIV. COSTS & FEES
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All costs associated with the transportation, turn -in, transfer, repair, maintenance, insurance, disposal,
repossession or other expenses related to property obtained through the LESO Program are the sole
responsibility of the State and/or LEA.
Any notices, communications, or correspondence related to this agreement shall be provided by E-
mail, the United States Postal Service, express service, or facsimile to the appropriate DLA office. The
LESO may, from time to time, make unilateral modifications or amendments to the provisions of this
MOA. Notice of these changes will be provided to State Coordinators in writing. Unless State
Coordinators take immediate action to terminate this MOA in accordance with Section XIX, such
modifications or amendments will become binding. In such cases, reasonable opportunity will, insofar
as practicable, be afforded the State Coordinator to conform changes affecting their operations.
XVI. ANTI -DISCRIMINATION
A. By signing this MOA, or accepting excess DOD personal property under this MOA, the State
pledges that it and each LEA agrees to comply with applicable provisions of the following
national policies prohibiting discrimination:
1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964
(42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Part 195.
2} On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as
implemented by Department of Health and Human Services regulations in 45 CPR Part
90.
3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-
112, as amended by the Rehabilitation Act Amendments of 19749 P.L. 93-516 (29
USC 794), as implemented by Department of Justice regulations in 28 CFRPart 41
and DOD regulations at 32 CFR Part 56,
B. These elements are considered the minimum essential ingredients for establishment ofa satisfactory
business agreement between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
A. The State/LEA is required to maintain adequate liability insurance to cover damages or injuries
to persons or property relating to the use of property issued under the LESO Program. Self-
insurance by the State/LEA is considered acceptable. The U.S. Government assumes no liability
for damages or injuries to any person(s) or property arising from the use of property issued under
the LESO Program. It is recognized that State and local law generally limit or preclude State
Coordinators/LEAS from agreeing to open ended indemnity provisions. However, to the extent
permitted by State and local laws, the State/LEA shall indemnify and hold the U.S. Government
harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and
attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of, or
damage to property and injuries, illness or disabilities to, or death of any and all persons
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whatsoever, including members of the general public, or to the property of any legal or political
entity including states, local and interstate bodies, in any manner caused by or contributed to by
the State/LEA, its agents, servants, employees, or any person subject to its control while the
property is in the possession of, used by, or subject to the control of the State/LEA, its agents,
servants, or employees after the property has been removed from U.S. Government control.
B. LEAs are not required to maintain insurance on controlled property, aircraft or other items with special
handling requirements that remain titled to DoD. However, LEAS must be advised that if they elect to
carry insurance and the insured property is on the LESO inventory at the time of loss or damage, the
recipient must submit a check made payable to DLA for any insurance proceeds received in excess of
their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction.
XVIII. TERMINATION
A. This SPO maybe terminated by either party, provided the other party receives thirty (30) days'
notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator and CLEO hereby agrees to comply with all provisions set forth
herein and acknowledges that any violation of the terms and conditions of this SPO maybe grounds
for immediate termination and possible legal consequences, to include pursuit of criminal
prosecution if so warranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the l
date written below. ast
Vol
Type / Print Chief Law Enforcement Official Name
Chief iaw Enforcement Official Signature
Dale Richardson
/ Print State Coordinator Name
01
tate Coordinator Signature
17
,
Date (MM/DD/YYYY)
10/2/2018
Date (MM/DD/YYYY)
Version; July 2018