HomeMy WebLinkAboutResolution 2016-118 Approving participation in the U.S. Department of Defense LESO ProgramMARANA RESOLUTION NO. 2016-118
RELATING TO POLICE DEPARTMENT APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE THE STATE PLAN OF OPERATIONS BETWEEN THE STATE
OF ARIZONA AND THE MARANA POLICE DEPARTMEN r- 1� FOR PARTICIPATION IN
THE U.S. DEPARTMENT OF DEFENSE LESO PROGRAM.
WHEREAS the Secretar of Defense is authorized to transfer to state law enforcement
a suitable personal propert that is in excess of the needs of the Department of Defense
and can be used b state law enforcement a with preferences for counter-dru
terrorism or border securit activities
WHEREAS the Governor of Arizona has implemented this pro statewide and the
Marana Police Department desires to participate in the pro and
WHEREAS the Ma and Council of the Town of Marana find it is in the best interests
of its citizens to enter into the State Plan of Operations Between the State of Arizona and the Ma-
rana Police Department.
NOW, THEREFORE, BE IT F RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, the State Plan of Operations Between the State of Arizona and the Mara-
na Police Department, attached to and incorporated b this reference in this resolution as Exhibit
A, is hereb approved and the Chief of Police is hereb authorized to execute it for and on behalf
of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Mana and staff are hereb directed and
authorized to undertake all other and further tasks re or beneficial to carr out the terms,
obli conditions and objectives of the State Plan of Operations Between the State of Ari-
zona and the Marana Police Department.
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this I st da ' of November, 2016.
ATTEST:
"V)* N
A MARANA_ 7
VN'. ,
41 4\1
0
ocel Bronson, Town Clerk
Marana Resolution No. 2016-118
Ma Ed HoAea
APPROVED AS TO FORM:
C as s' F C ; S' 'wTown e A n
;
00049201. DOCX /I
STATE .PLAN OF O PERATIO NS
BETWEEN TITS STATE OF
ARIZONA
AND THE
This State 1 of Op (SPO) is entere i bet the State o Arizona and the
,.. ".�..- x , ,,. be binding
, , to set forth the terms and conditions which► will
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.
I.I., AIJTHOR11 "Y
The Secretary of Defense is authorized by 10 USC § 2 576a to transfer to State Law
Enforcement .Agencies, personal property that is excess to the needs of the DOD and that the
Secretary determines is suitable to be used by such agencies in law enf orcement activities, with
preferences f or counter -drug 1 counter- terrorisnn or border security activities, under such terms
prescribed by the Secretary. The authorities granted to the Secretary of Defense have been
delegated to the Defense Logistics Agency (DL.A) in determining whether property is suitable
f6r use by a ge ncies in Law Enftftene t AUivities (LEA :DLA defines la e
activities as activities performed by governmental agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated law
enforcement offi have powers of arrest and apprehension. "] "his program is also known as
the "1033 Program" or the "LTSO Program " and is administered by DLA Disposition
Services, Law .Enforcement Support Office (LESO)
III• GENERAL rl'ERMS AND CONDITIONS
A. OPERATIONAL AU11
The Governor of the State of Arizona has designated in writing Sergeant Matt van Camp of the
Payson Police Department as the Arizona State Coordinator with an effective date of May 26 "'
2015 to 'Implement this prograrn statewide as well as conduct management and oversight of this
program. Funding f Budgeting to administer this program is provided by the Town of Payson
Police Department. The ,Arizona L E SO program is a division of the Arizona Public Safety
Procurement Program or the AZPSPP.
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Member Fee: The AZPSI'P may institute a membership fee to cover adn costs
associated with managing the 1,.J'.'S0 Pro gram. 4"he AZPSPP .Ses the DOD budget year of
October I tiv *u September 30 as its yearly cycle. Membership fees are due atl October I of the
current year. ` AZPSPP currently has a $250.00 per year membership fee for each
participating agency. Membership fees can be sent to the Town of Payson LESO program by
nail at 303 N Beeline Hwy. Payson, AZ 8554 or paid with a credit card by calling the Town of
Payson Finance Department at 928 - 474 - 5242.
'The provided ffinding is used to support assistance to the LEAs with custorner service to include
computer 1 telephone assistance and physical visits to the Llw.As to assist with acquiring access to
the LESO Prograin. The staffing to provide the support to the LEAs within the State of Arizona is
as follows:
State Coordinator (SQ: Sergeant Matt van Canip, Payson. Police Department
State point of Contact (SPOC)I, Ms. Maria Davis, Payson Police Department
State Point of Contact (SPOQ: Mr. Thomas Gaupel, final County Sheriff's Office
State Point ofContac:t (SPOT;):
The following is the facility 1 physical location and business hours to provide custor er service to
those LEAs currently enrolled, as well as interested participants of the LESO Program.:
Agency Address 1 Location. 303 N Beel ine Hwy Payson, AZ 85541
EMAIL 1 Contact Phone Numbers:
Sgt. Matt Van Camp nivanc . (c1 1 iaysoiiaz Yov 928 - 472 -5060
Ms. Marie Davis azl 033 -1 l 22 k onaz.us 928 - 472 -5091
Mr. Thomas Gau th onias . la c V iina lcountvaz. go 928 - 866 -5165
Fax Number: 928 - 474-4558
flours of operation: Monday th.ru Fri 8:00 AM to 5:00 PM
B. The ILA LESO has final authority to determine the type, quantity, and location of excess
DOS p p roperty p ersonal ro erty suitable for law enforcement activities, if` any, which will be t.ranslerred to
the (LEA name)
C. 11 - iis agreement creates no entitlement to the LEA to receive excess DOD personal property.
D. The (LP,A name) y) ,�,i inderstands that property made
available under this agreement is for the use of authorized program participants only., Property
may not be obtained for any individual, organization, or agency that has not been approved as a
participant in the LESO Program. All requests f or property must be based on bona fide law
Version May, 2016
enforcement requirements. Property will not be obtained by any authorized participant -f the
purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan.
E. Controlled property (equipment) includes any property that has a demilitarization (DEMIL)
;ode of 13, C, D, F, G, and Q; and property, regardless o- demilitarization code, that was
specifically identified in the Law Enforcement Equipment Working Group Report frorn
May 201 S, created pursuant to Executive Order 13688 (EO). "l "he Working (:Troup Report
mandates that the f of lowing items be treated as controlled property:
1) Manned Aircraft, fixed or rotary wing
2) Unmanned Aerial Vehicles
3) wheeled Armored Vehicles
4) wheeled. Tactical Vehicles
5) Command and Control Vehicles
6) Specialized Firearms and Ammunition Under .5o Cal (excluded. firearms and
ammunition for service - issued weapons)
7) Explosives and Pyrotechnics
8) Breaching apparatus
9) Riot Batons
10) Riot Helmets
11) Riot Shields
if . LEAs that request items in Paragraph E above must provide all required information outlined
in the Law Enforcement Equipment Working Group Report and all information on the L ESO
r equest form Among other specii is requirements identified in these documents, LEAs will be
required to certify and submit:
1) A detailed written • justiflcation with a clear and persuasive explanation of the need
for the property and the law enforcement purposes it will serge;
2) Evidence of approval or concurrence by the LEA's civilian governing body (city
councl mayor, etc.),
3) The LEA's policies and protocols on deployment of this type of property;
4) CertHkations on required training for use of this type of property; and
5) Information on whether the LEA has applied, or has pending an application, for
this type of property from another ' agency.
G, The (LFA 1�ar'r' e) # - l'�j ;' ra � m ust maintain and en� orce
regulations designed to impose adequate security measures for controlled property to mitigate the
risk of loss or theft.
H. Under no circumstances will controlled property be sold or otherwise transferred to non -U.S.
persons, or exported. A translbr must be approved by the State and DL.A. Disposition Services
L ESO.
1. Cannibalization requests for controlled property must be submitted in writing to the State,
Ver•, S1f3Y1 May, 2016
with final approval by the LESO. The LESO will consider cwinibalization requests on a ease -
by -case basis.
.f. rfhe LESO conditionally transfers all excess DOD property to States 1 LEAs enrolled in the
L,'F,SO Program. 'I"Itle or ownership of controlled property will remain with the LESO in
perpetuity and will not be relinquished to the LU'As. When the Ll A no Longer has legitimate
law enforcement uses for controlled property, the t..1" A must notify the State;, who will then 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 LESO
Program at any time.
K. property with a D1 MIL Code of "A" is also conditionally transferred to the L, A.
However,
after one year from the Ship Data, the .1..,ESO will relinquish ownership and title to the LEA. Prior
to this date, the State and LEA remains responsible for the accountability and physical control of
the itern(s) and the LESO retains the right to recall the property. Title will not be relinquished to
any property with D EMXL Code of "A." that is controlled property identified in Paragraph ffl E.
1 } Property with DEMfL Code of "A" will automatically be placed in an archived
status on the LEAs property book upon meeting the one year mark.
?) Once archived, the property is no 1011ger SLIIject to annual inventory
requirements and will not be inventoried during a LESO Program Compliance
Review (PCR).
3) Ownership and title of DEMfL "A." items that have been archived will pass
automatically from the LESO to the LEA when they are archived at the one year
mark ffrODIShip Date) without issuance of any further documentation.
4} LEAs receive title and ownership of DE MIL "A" items as governmental entities.
Title and ownership of DEM11, "A." property does not pass from, DOD 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 and local law that govern public" property. Sales or giffing of
DEMfL "A" property after the one year mark in a manner inconsistent with State
or local law may constitute grounds to deny future participation in the LESO
Program, If the LEA's policy allows for disposal of DEM I L "A" property by sale or
auc6011, all funds generated by the sale of DOD acquired property will be restricted for the
LEA's use oifly and cai be transferred to the general ftind of that ageiieies parent budget..
DOD acquired property will be fully utilized by the LEA prior to disposal alld 110 DOD
prolaerty will be acquired to suppletnerit the LEA's budget.
L. J'he LEAs are not authorized to transfer controlled property or DEMfL Code "A" property
carried on their inventory without LESO notification and approval. Property will not physically
move until the State and LESO approval process; is complete.
IV. ENRO
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Versi allay, 2016
A. An LEA must have at l east one f ull -time law enforcement officer in order to enroll and /or
receive property via the LESO Program. Only frill -time and part -time law enforcement officers
are authorized to receive property. Reserve officers are not authorized to receive property.
B. The State s h a ll.
I) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA. MOA. the State signs.
2) Receive and process applications for participation from LEAs currently
enrolled and those LEAs that wish to participate in the 1...ESO Program.
3) Receive and recommend approval or disapprove LEA applications for
participation in the LESO Program. 'Fhe State Coordinators have sole discretion
to disapprove LEA applications on. beha of the Governor of their State. ""'lie
LESO should be notified of any applications disapproved at the State Coordinator
level. The State Coordinator will only forward and recommend certified LEAS to
the LESO tha -t are government agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated
officers have the powers of arrest and apprele�sion. 'Th LESO retains final
approval 1 disapproval authority For all LEA applications forwarded by State
Coordinators.
4) Ensure LEAs enrolled in the LESO Program update the I...l 'As account inl'Ori
annual I y (accomplished during the F Y Annual Inventory in the F' ederal Excess
Property M anagernent 'Informati on System. F EPM.I S _) .
5) Pr ovide a comprehensive overview of the LESO Pr ograin to all LEIAs once - they
are approved for enrollment. This comprehensive overview must be done within
thirt (3D) da and. include, ver batim, the in- formation conta -fined III
:Paragraph III E of this S P O .
6) Ensure that screeners of property are employees of Contractors may
not conduct screening on behalf of the LEA.
7) Ensure that at least one person per LEA maintains access to the F I~ PMIS.
Account holders must be employees of the LEA.
V. ANNUAL INVENTORY R- EQUIREMENTS
A. Per the DLA Instructions and Manuals and the X 1,.A MOA, each State and p�ulicipating LEA
within is required to conduct an annual inventory certification of control -led property, which
includes DEMIL "A" for one (1) year frorn Ship Irate. Aiuival inventories start on October I of
each year and end .1anuary 31 of each year.
B. The State shall:
Vet - axon May, 201
1) Receive, validate, and reconcile incomin certified inventories from the LEAs.
2) Ensure LEAs provide serial numbers and photos identified durin the annual
inventor P rocess for inclusion in the L,ESO propert accountin s for all
controlled propert identified in Para III E, small arms and other uni
items as re For e that does not contain a serial number, such as riot
control or breachin e a photo will suffice.
failure to properl conduct and/or certif
3 Suspend the as a result of the LEAs f
and submit certified inventories, accordin to the aforementioned re
C. The LEA shall:
1 Complete the annual ph inventor as re
2 Provide serial numbers and photos i-dentified in the annual inventor process for
inclusion in the LESO propert aCCOUntin s for all controlled propert
identified in Para III E, small. arms and other uni items, as re For
e that does not contain serial number, such as riot control or breachin
e a photo will suffice.
3 Certif the accountabilit of all controlled propert received throu the LESO
Pro annuall b conductin and certif the ph inventor "I'he LEA
must adhere to additional annual certification re as identified b the I...ESO.
a. The State and the LESO re each.LEA to submit certified inventories
for their A b Januar 31 of each y ear. The Fiscal Year [l" Y) is
defined as October I throu September 30 of each y ear. This g ives the
LEA four (4) months to ph Inventor LESO Pro propert in
their possession and Submit their certified inventories to the State
Coordinators.
[1 } "i-'he.l'..+',S0 re a front or side and data plate photo for
Aircraft and Tactical Vehicles that are serial number controlled,
received throu the LESO Pro
(2) The Lf,,'SO re serial number photos, for each arm
received throu the LESO Pro
b. The I.,.f--'--.As failure to submit the certified annual inventor b Januar 31 ma
result 'In the a bein suspended from operations within the LESO
Pro Further failure to submit the certified annual inventor ma reSL111
in a LEA termination.
4 Be aware that Hi Profile Commodities ( Aircraft:, Tactical Vehicles and Small
Arms and I.-Ji Awareness ( controlled) propert are sub to additional controls.
6
Version Allah, 2016
VI, PROGIZAM COMPLIANCE REVIEWS
A. 'rhe LESO conducts a Pro Compliance Review (PCR) for each State that is enrolled ill
the USO Pro ever two (2) y ears. The I.XS0 reserves the ri to re an annual PCR,
o I ilar inspection on a more fre q uent basis fog- an State. The LESO PCR-s are performed in
r s rn.1 I
order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the
terms and conditions of the LESO Pro as re b 1.0 LJSC § 2576a, DLA Instructions and
Manuals, and the Dl_'..A MOA si b the State.
1) If a State and/or LEA fails a PCR, the LESO will immediatel suspend their
operations and will subse issue corrective actions (with suspense dates)
to the State Coordinator, which will identif what is needed to rectif the
identified deficiencies within the State and/or LEA.
2 If a State and/or LEA fiails to correct identified deficiencies b the g iven suspense
dates, the LESO will move to terminate the LESO Pro operations within the
State and/or LEA.
BV The State shall:
1.) Support the LESO PCR process b
a. Contactin LEAs selected foi• the PCR review via phone -and/or email to
ensure the are aware of the PCR schedule and prepared for review.
b. Receivin inventor selection from the f.,ESO, The LEA POCs shall g ather
the selected items in a centralized location to ensure that the LESO can
efficientl inventor the items.
c. Providin additional assistance to the LESO as re prior to and durin
the course of the PCR.
2) Conduct internal Pro Compliance Reviews of LEAs participatin in the LESO
Pro in order to ensure accountabilit pro compliance and validate annual
inventor submissions are accurate. The State Coordinator must ensure an internal
PCR of at least 5% of t..,EAs that have a propert book from the LESO Pro
within his / her State is completed annuall This nia result in a ra ndoni review of
all or selected property at the LEA.
a. The internal PCR will include, at minimum:
( 1 ) A review of each selected LEAs LESO Pro files.
( 2 ) A review ofthe si State 1111an of Operation (SPO }.
( 3 ) A review of the L,EA application and sereener S s, letter.
( 4 ) A ph inventor of the LESO Pro propert at each
Version Ma 2016
selected LEA..
(5) A specific review of each selected LEAs files for the following:
DD Form 1348-1 A for each item currently on inventory, small arms
documentation, transi" r documents, turd --in documents, inventory
adjustment documents, exception to policy letters (if any), approved
cannibatization requests (if any), and other pertinent documentation as
required.
b, The State and/or I.EA will bear all expenses related to the repossess ion
and/or tL11 of LESO Program property to the nearest DLA. Disposition
Services site.
vii. s'rATE PLAN OF OPE A "riON (SPO)
A. r[ "he State shall:
1) Identify, establish, and issue minin'ium criteria to be included in the SPO for the
State and each Participating LEA.
2) Establish a State Plan of Operation, developed in accordance with Federal and
State law, and con for mi ng (at m i ni muni.) to the provisions of the DLA Instruction
and Manuals and the :DL.A MOA.
a. 'rhe SPO will include detailed organizational and operational authori
including: staff'ng, budget, facilities, and equipment that the State believes
is sufficient to manage the LESO Program within their State.
b. The SPO must address procedures for making determinations of LEA.
eligibility, allocation, and equitable distribution of material, accountability
and responsibility concerning excess DOD personal property, inventory
requirements, training and education, State -level internal Program
Coii ipl iancc Rcvic ws (1 and procedures for turn -it transf and
disposal..
2) Enter into wr itten agreement with each LEA., via the LESO approved State Plan oil
Operation, to ensure the f�:lA fully acknowledges the terms, conditions, and
limitations applicable to property transferred pursuant to this a.greenzent.. "I'he Stcite
Plan of Operation must be signed by the Chief' Law Enf or cement Official (CLEO),
or assigned designee of the respective LEA, and the current State Coordinator.
3) Rcquest that the LESO Suspend or Terminate an LEA(s) from the I�ESO Program
when aii l_.l: A fails to comply with any term caMLA MOA, the 1)1._,.A Instruction
Km,s io n Mqv, 201
and Manuals, any Federal statute or regulation, or the State Plan of operation.
V111. REPORTING REQUIREMENTS FOR LOST , MISSING, STOLEN, DAMAGED
OR DESTROYED LESO PROGRAM PROPERTY
A. All property [.lost, Missing, Stolen, (L.MS) damaged, or destroyed carried on a LI�A's
current inventory must be reported to the LESO,
l) Controlled property must be reported to the State and the LESO within twenty - four
(24) h.oLII The aforementio tied property may require a police and National Crime
Information Center (NCIC) report submitted to the LE SO, to i nclude DE MIL "A
items that are considered controlled Yterns in Paragraph 111 E.
2) property with a . 14,M L Code of "A" must be reported to the State and the
LESO within. seven (7) days.
3) All reports are subject to review by the DLA Office of the Inspector General (01G).
B. LESO may grant extensions to the reporting requirements listed above on a case-by-case
basis.
Ix. AIRCRAFT AND SMALL ARMS
A.. All aircraft are considered controlled property, regardless of lr�l ;M1 L Code. Aircraft may
not be sold and must be returned to the LESO at the end of their useful life. This Statc Plan of
Operation ensures that all LEAs and all subsequent users are aware of and agree to ,provide all
required controls and dOCUr .entat in accordance with applicable laws and reg��l atio� for
t hese items.
B. LEAs no longer requiring small arms issued through the LESO Program must request
authorization to transfer or turn --In small arms. Transfers and turn -ins must be forwarded and
endorsed by the St,ite Coordinator's office first, ,(Illd then appr«wed by the LESO. 5niall. Arniw
will not physically transfer until the approval process is complete.
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 1 she has received the
appropriate small arm(s) with the correct, specific serial number(s). Small Arm s that are issued
to an officer will be issued utilizing an Equipment Custody Receipt (.F CR); this Custody Receipt
obtains the signature of the o ff �cJer responsible for the small arm.
X. RECORDS MANAGEMENT
"I"he LESO, State Coordinator, and LEAs enrolled in the LESO .Program must maintain all records
in accordance wi th the DLA Records Schedule. Records #or property acquired through the LESO
Program have retention controls based on the property's DEMIL Code. All documents
concerning a ,property record 111 cI st be retained.
I ) property record #or iten with 1)1. MI L Code of "'A" must be retai for two (2)
Vc- , v- sion Wig , 2016
calendar years frotn ship date, and then may be destroyed.
Property records :for controlled property must be retained for five (5) calendar years
or for the life span of the property, whichever is longer.
3) Environmental Property records must be retained for fifty (50) years, regardless of
DEMIL Code (Chemicals, Batteries, l--larardous Material / Hazardous Waste).
4) 1....1'.S0 Program files must be segregated from all other records.
5) All property records must be filed, retained, and destroyed in accordance with DI..A
Records Schedule;. These records Include, but are not limited to, the following:
DD Form 1348 -1 A, requests for transfer, turn -in, or disposal, approved Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certif Icate of
Aircraft Registration (AC Form 8050 -3), Aircraft Registration Application
(AC 8050-1) and any other pertinent documentation and /or records associated with
the LESO Program.
I. LESO PROGRAM ANNUAL TRAINING
A. 1 USC § 380 provides that the Secretary of Defense, in cooperation with the U.S. Attorney
General, shall conduct an annual briet'ing of law enforcement personnel of each state. 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 shell ensure at least one representative: ( the State Coordinator or SPOC) attend
the annual training that the LESO conducts.
X11, PROPERTY ALLOCATION
A. The State Shall.
1) Provide the LESO website that will afford timely and accurate guidance,
information, and l inks for all LEAs who work, or have an interest in, the LESO
Program.
2) Upon receipt of a valid S tate 1 LEA req crest 1t0r property throu the D 1,A.
Disposition Services RTD website, a preference will be given to those applications
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
p
greatest extant possible, the State wi ll ensure fair and equitable distribution of
�
property based on current LEAs inventory and . justification for property.
3) "1'he State and the LES0 reserve the right to determine quid /or adj List a] location limits.
Cienerall y, an no more than one of item car officer will be allocated to an LEA.
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10
Versi May, 2
Quantity exceptions may be granted on a case -by -case basis by the LESO.
Currently, the following quantity limits apply
a. Small Arms: one (l) type for each qualified officer, full -time 1 part -time
b. HMMWVs: one (1) vehicle for every three (3) officers;
c. MRAN: one (1 ) vehicle per LEA.
4) The State and the LESO reserve final authority oil determining the approval and/or
disapproval for requests of specific types and quantities of excess DOD property.
B0 "l "hc LEA shall;
1 } Ensure an appropriate j usti i ieatioil is sub rni teed when requesting excess DOD
property via the LESO Program and will ensure LESO Program property will be
used for the law enforcement activity and for law enforcement purposes only within.
his I her State and agency.
2} Wien regUesti n ;property, provide a justification to the State and the LESO on how
the requests for property will be used in counter -drug, counter -- terrorism, or bordc;r
security activities of the recipient agency. .Additionally, the I.aI A should be Ic and
equitable when making requisitions based on current LEA inventory and the
justification for property. Generally, no more than one of any item per officer will
be allocated.
3) Ensure screeners of property are employees of the LEA. Contractors inay not
conduct screening on behalf of the LEA.
4) Obtain access to F'El'M1S to ensure the property book is properly maintained, to
include but not limited to transfers, turn -ins, and disposal requests and to generate
these requests at the LEA level and forward all approvals to the State for action.
5} - Ensure at least one person per LEA maintains access to F.l PMIS. FEPMIS account
holders must be employees of the LEA.
XIII, PROGRAM SUSPENSION & TERMINATION
A. 'rhe State and. LEA. are required to abide by the terms and conditions of the I LA MOA in
order to maintain active status,
B. rFhe State, shall.
1 } Suspend LEAs for a minimum of sixty (6o) days in all situations relating; to the
suspected ected or actual abuse of LESO Program property or requirements andlor
p .
repeated failure to meet the terms and conditions of the DLA MoA. SLispensioll
may lead to TERMINATION.
2} The State and /or the LESO have final discretioll oil I einstatement requests.
Reinstatement to full participation from a suspension and/or tcrmination is not
e'er•s1oil Afc7y, 2016
automatic.
3) In coordination with the LESO, issue corrective action guidance to the LEA. with
suspense dates to rectify issues and/or discrepancies that caused suspension and /or
termination.
4) PequIre the l..,EA to submit results regarding ail. completed police investigations
and /oi reports r egarding .lost, nussing, stolen and/or damaged LESO Prograrn
property, to include the LEAs Corrective Action Plan (CAP).
5 Suspend or terminate an LEA from the LESO Program if an LEA falls to comply
with any term of the ILA MOA., the DLA. Instruction and //Manuals, any "ederaI
statute or regulation, or the State Plan of [operation.
a. In the event of an LEA termination, the State Coordinator will make every
attempt to transfer the LESO Program property o the terminated LEA to an
authorized State or LEA, as applicable, prior to requesting a turn cif the
property to the nearest DLA Disposition Services location.
b, In cases relating to an LEA termination, the f.aEA. will have ninety (90) days
to complete the transfer or turn -in of all LESO Program property in their
possession.
C. The LEA shall.
l) Notify the State Coordinator's office and initiate an investigation into any
q uestionable activity or actions involving LESO property issued to the LEA that
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comes to the attention of the Cl.a.l_ O, and is otherwise within the authority of the
Governor / State to investigate. LEAs must understand that the State Coordinators,
actin on behalf` of their Governor, may revoke or terminate their concurrence for
�
LEA parti.eipation i.n the LESO Program at any time, and for any reason.
2 ) Understand that the State may ay suspend LEA(s) and /or LEA . PC�C (s) from within their
State based upon their findings during internal Program Compliance Reviews and /or
spot cheeks at the State level.
3 initiate corr ective action to rectify suspensions and/or terminations placed upon the
T..,EA for failure to meet the terms and conditions of the LESO Progr
4 Be required to complete and submit results regarding all completed police
investi gations and /or reports regarding lost, missing, stolen and /or damaged
g p
Prog p 'me LEA must submit all doc to the State and the
g
l_..ES0 upon receipt.
5) Provide documentation to the State and the LESO when actionable items are
rectified for the Stage and /or LEA(s
b ) The LEAs Ch i el Y..,aw Enforcement Offi cial must request reinstatement as required,
IN
Ve rs i on .l aY ?016
via the State Coordinator or SPOC(s), to full participation status at the conclusion of
a suspension period.
IVr COSTS & FEES
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
is the sole responsibility of the State and/or t. .,EA..
V. NOTICES
Any notices, communications, or correspondence related to this agreement shall be provided by Ew
nail, the gaited Mates Postal Service, express service, or f acsimile to the State Coordinators office
or cognizant DLA office, T LESO may, from. time to time, make unilateral modifications or
amendments to the previsions of this SPO. Notice of these changes will be provided to State
Coordinators in writing. 'unless State Coordinators take immediate action to terminate this SPO
in accordance with Section XV111, such modifications or amendments will become binding. Zn
such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator
to conform. changes affecting, their operations.
XVI. AN"ri-DISC RIMINATION
A. By signing this SPCA, or accepting excess DOD personal property under this SPCA, the State
pledges that it and each f,EA agrees to comply with. appl provisions of the following
national polz.cles prohibiting discrimination:
1) Can the basis of race, color, or national origin, in "ride V1 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 Cl� R
Part 90.
3) Can the basis of handicap, in Section 504 of the Rehabilitation .Act of 1973, P.L. 93-
1 12, as amended by the Rehabilitation Act Amendments of 1974, P1,, 93 -516 (29
USC 794), as implemented by Department of Justice regulations in. 28 CF1Z Pert 41
and DOD regulations at 32 C=.`FR Part 56.
B. These elements are considered the minimurn essential ingredients for establishment of a
satisfactory business agree between the State and the DOD.
X VII. INDEMNIFICATION CLAUSE
.- 1 ~he State 1 LEA A is required to maintai adequate 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 1 LEA is consi dered acceptable. 'J"he t1.S. Government assumes no liability for
damages or injuries to any person(s) or property a n sing from the use of properly issued under the
1,ES0 program. It is recognized that State and local law genera limit or preclude State
13
Coordinators 1 LEAs from agreeing to open-ended indemnity provisions. However, to the extent
permitted by State and local laws, the State 1 LEA. shah 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
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 mariner caused by or contributed to by
the State 1 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 1 L.B.Q., its agents,
servants, or employees after the property has been removed from U.S. Government control.
Xv 111.TERMINATION
A. This SI may be terminated by either party, provided the other party receives thirty ( days'
notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator and Ct,E0 hereby agree to comply with all provisions set
forth herein and acknowledge that any violation of the terms and conditions of this SPO may be
grounds for immediate termination and possible legal consequences, to include pursuit of criminal
prosecution if so warranted,
XYX. IN WITNESS 'THEREOF, the parties hereto have executed this agreement as of the last
date written below.
Type 1 Print Chief haw Enfor cenment official Name
Chief .Law Enforcement Official Signature Late (M.M/DD/YYYY)
Matt van Camp
r Fype / Print State Coordinator Name
State Coordinator Signature
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Date (MM /DD /YYYY)
Version Ma)), 2016