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2016-71 STATE PLAN OF OPERATIONS BETWEEN THE STATE OF FLORIDA AND THE CLERMONT POLICE DEPARTMENT, 2YTPD6 (Hereinafter known as LEA) I. PURPOSE This State Plan of Operation (SPO) is entered into between the State of Florida and the Law Enforcement Agencies of Florida, 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. II. AUTHORITY The Secretary of Defense is authorized by 10 USC § 2576a to transfer to Federal and 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 enforcement activities, with emphasis on counter-drug/counter-terrorism 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 (DLA) in determining whether property is suitable for use by agencies in Law Enforcement Activities (LEAs). DLA defines law enforcement 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 officers have powers of arrest and apprehension. This program is also known as the "1033 Program" or the "LESO Program" and is administered by DLA Disposition Services, Law Enforcement Support Office (LESO). III. GENERAL TERMS AND CONDITIONS A. OPERATIONAL AUTHORITY The Governor of the State of Florida has designated in writing with an effective date of Feb. 13, 2014 to implement this program statewide as well as conduct management and oversight of this program. Funding / Budgeting to administer this program is provided by administrative fees. 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 Florida is as follows: State Coordinator(SC): Michael Weber State Point of Contact (SPOC) PRIMARY Contact: Virgil Howard State Point of Contact (SPOC): Darren Silsbee 1 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: 4050 Esplanade Way 380.1z Tallahassee, Fl. 32399 EMAIL/Contact Phone Numbers: Virgil Howard, 1033 Program Administrator, Primary SPOC Virgil.Howardtc7i dms.mvflorida:com Main Phone Number:-850-487-1434 Mobile Number: 850-879-4539 Michael Weber, Director, State Coordinator Michael.Weber(c�dms.mvflorida.com Main Phone Number: 850.488-4904 Mobile Number: 850-559-0342 Darren Silsbee,:Bureau Chief of Fleet and Federal Property, SPOC Darren.Silsbee0dms.mvflorida.com Main Phone Number: 850-48841693 Mobile Number: 850-528-9064 Hours of Operation: 8:00 a.m. to 5:00 p.m., Monday thru Friday B. The'DLA LESO has final authority to determine the type, quantity, and location of excess DOD personal property suitable for conditional transfer to law enforcement activities. C. This agreement creates no entitlement to the LEA to receive excess DOD personal property. D. Property made available under this agreement is for the use of authorized program participants only. Property may,not be obtained forany individual, organization, or agency that has not been approved as-a participant in the LESO Program. All requests for property must be based on bona fide law enforcement requirements. Property,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. E. Controlled property (equipment) includes any property that has,a demilitarization (DEMIL) Code of B, C, D, F,.G, and Q; and property, regardless of demilitarization code, that was specifically identified in the Law.,Enforcement Equipment:Working Group Report from May 2015, created pursuant to Executive Order 13688 (EO). The Working Group Report mandates that the following 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 .50 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 F. 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 LESO request 2 form. Among other specific requirements identified in these documents, LEAs will be required to certify and submit: 1) A detailed written justification with a clear and persuasive explanation of the need for the property and the law enforcement purposes it will serve; 2) Evidence of approval or concurrence by the LEA's civilian governing body (city council, mayor, etc.); 3) The LEA's policies and protocols on deployment of this type of property; 4) Certifications 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 Federal agency. G. The Law Enforcement Agencies of the State of Florida must maintain and enforce 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. All transfers must be approved by the State and DLA Disposition Services LESO. I. Cannibalization requests for controlled property must be submitted in writing to the State, with final approval by the LESO. The LESO will consider cannibalization requests on a case-by-case basis. J. The LESO conditionally transfers all excess DOD property to States/ LEAs enrolled in the LESO Program: Title or ownership of controlled property will remain with the LESO in perpetuity and will not be relinquished to the LEAs. When the LEA no longer has legitimate law enforcement uses for controlled property, the,LEA 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 DEMIL Code of"A" is also conditionally transferred to the LEA. However, after one year from the Ship,Date,the LESO 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 item(s) and the LESO retains the right to recall the property. Title will not be relinquished to any property with DEMIL Code of"A"that is controlledproperty identified in Paragraph III E. 1) Property with DEMIL Code of"A" will automatically be placed in an archived status on the LEAs property book upon meeting the one year mark. 2) Once archived, the property is no longer subject to annual inventory requirements and will not be inventoried during a LESO Program Compliance Review(PCR). 3) Ownership and title of DEMIL "A" items that have been archived will pass automatically from the LESO to the LEA when they are archived at the one year mark (from Ship Date) without issuance of any further documentation. 4) LEAs receive title and ownership of DEMIL "A" items as governmental entities. Title 3 and ownership of DEMIL "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 gifting of DEMIL "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. L. The LEAs are not authorized to transfer controlled property or DEMIL 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. ENROLLMENT A. An LEA must 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. Reserve officers are not authorized to receive property. B. The State shall: 1) 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 LESO Program. 3) Receive and recommend approval or disapprove LEA applications for participation in the LESO Program. The State Coordinators have sole discretion to disapprove LEA applications on behalf of the Governor of their State. The 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 that 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 apprehension. The LESO retains final approval /disapproval authority for all LEA applications forwarded by State Coordinators. 4) Ensure LEAs enrolled in the LESO Program update the LEAs account information annually (accomplished during the FY Annual Inventory in the Federal Excess Property Management Information System [FEPMIS]). 5) Provide a comprehensive overview of the LESO Program to all LEAs once they are approved for enrollment. This comprehensive overview must be done within thirty (30) days and include, verbatim, the information contained in Paragraph III E of this SPO. 6) Ensure that screeners of property are employees of the LEA. Contractors may not conduct screening on behalf of the LEA. 7) Ensure that at least one person per LEA maintains access to the FEPMIS. Account holders must be employees of the LEA. 4 V. ANNUAL INVENTORY REQUIREMENTS A. Per the DLA Instructions and Manuals and the DLA MOA, each State and participating LEA within is required to conduct an annual inventory certification of controlled property, which includes DEMIL "A"for one (1)year from Ship Date. Annual inventories start on October 1 of each year and end January 31st of each year. B. The State shall: 1) Receive, validate, and reconcile incoming certified inventories from the LEAs. 2) Ensure LEAs provide serial numbers and photos identified during the annual inventory process for inclusion in the LESO property accounting system for all controlled property identified in Paragraph III E, small arms and other unique items as required. For equipment that does not contain a serial number, such as riot control or breaching equipment, a photograph will suffice. 3) Suspend the LEA as a result of the LEAs failure to properly conduct and/or certify and submit certified inventories, according to the aforementioned requirements. 4) Suspend ALL LEA property transfer requests for failing certify and submit certified inventories certify controlled property inventories by October 31. C. The LEA shall: 1) Complete the annual physical inventory as required, by October 31. 2) Provide serial numbers and photos identified in the annual inventory process for inclusion in the LESO property accounting system for all controlled property identified in Paragraph III E, small arms and other unique items, as required. For equipment that does not contain serial number, such as riot control or breaching equipment, a photograph will suffice. 3) Certify the accountability of all controlled property received through the LESO Program annually by conducting and certifying the physical inventory. The LEA must adhere to additional annual certification requirements as identified by the LESO. a. The State and the LESO requires each LEA to submit certified 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 LESO Program property in their possession and submit their certified inventories to the State Coordinators. (1) The LESO requires a front or side and data plate photo for Aircraft and Tactical Vehicles that are serial number controlled, received through the LESO Program. (2) The LESO requires serial number photos for each small arm received through the LESO Program. b. The LEAs failure to submit the certified annual inventory by January 31 may result in the agency being suspended from operations within the LESO 5 • Program. Further failure to submit the certified annual inventory may result in a LEA termination. 4) Be aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small Arms) and High Awareness (controlled) property are subject to additional controls. VI. PROGRAM COMPLIANCE REVIEWS A. The LESO conducts a Program Compliance Review (PCR) for each State that is enrolled in the LESO Program every two (2) years. The LESO reserves the right to require an annual PCR, or similar inspection on a more frequent basis for any State. The LESO PCRs are performed in order to ensure that State Coordinators, SPOCs and all.LEAs within a State are compliant with the terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instructions and Manuals, and the DLA MOA signed by the State. 1) If a State 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 the State and/or LEA. 2) If a State and/or LEA fails to correct identified deficiencies by the given suspense dates, the LESO will move to terminate the LESO Program operations within the State and/or LEA. B. The State shall: 1) Support the LESO PCR process by: a. Contacting LEAs selected for the PCR review via phone and/or email to ensure they are aware of the PCR schedule and prepared for review. b. Receiving inventory selection from the LESO. The LEA POCs shall gather the selected items_in a centralized location to ensure that the LESO can efficiently inventory the items. c. Providing additional assistance to the LESO as required, prior to and during the course of the PCR. 2) Conduct internal Program Compliance Reviews of LEAs participating in the LESO Program in order to ensure accountability, program compliance°and validate annual inventory submissions are accurate. The State Coordinator must ensure an internal PCR of at least 5% of LEAs that have a property book from the LESO Program within his/her State is completed annually. This may result in a random 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 Program files. (2) A review of the signed State Plan of Operation (SPO). (3) A review of the LEA application and screener's letter. 6 (4) A physical inventory of the LESO Program property at each selected LEA. (5) A specific review of each selected LEAs 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), and other pertinent documentation as required. b. The State and/or LEA will bear all expenses related to the repossession and/or turn-in of LESO Program property to the nearest DLA Disposition Services site. VII. STATE PLAN OF OPERATION (SPO) A. The State shall: 1) Identify, establish, and issue minimum 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 conforming (at minimum)to the provisions of the DLA Instruction and Manuals and the DLA MOA. a. The SPO will include detailed organizational and operational authority including: staffing, 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 Compliance Reviews (PCR), and procedures for tum-in, transfer, and disposal. 2) Enter into written`agreement with each LEA, via the LESO approved State Plan of Operation,to ensure the LEA fully acknowledges the terms, conditions, and limitations applicable to property,transferred pursuant to this agreement. The State Plan of Operation must besigned by the Chief Law Enforcement Official (CLEO), or assigned designee of the respective LEA, and the current State Coordinator. 3) Request that the LESO Suspend or Terminate an LEA(s) from the LESO Program when an LEA fails to comply with any term of DLA MOA, the DLA Instruction and Manuals, any Federal statute or regulation, or the State Plan of Operation. VIII. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED OR DESTROYED LESO PROGRAM PROPERTY A. All property Lost, Missing, Stolen, (LMS) damaged, or destroyed carried on a LEA's current inventory must be reported to the LESO. 1) Controlled property must be reported to the State and the LESO within twenty-four(24) hours. The aforementioned property may require a police and National Crime 7 Information Center(NCIC) report submitted to the LESO, to include DEMIL "A" items that are considered controlled items in Paragraph III E. 2) Property with a DEMIL 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 (OIG). 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 DEMIL Code. Aircraft may not be sold and must be returned to the LESO at the end of their useful life. This State Plan of Operation ensures 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 must request authorization to transfer or turn-in small arms. Transfers and turn-ins must be forwarded and endorsed by the State Coordinator's office first, and then approved by the LESO. Small Arms 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/she has received the appropriate small arm(s)with the correct, specific serial number(s). Small Arms that are issued to an officer will be issued utilizing an Equipment Custody Receipt (ECR); this Custody Receipt obtains the signature of the officer responsible for the small arm. D. Small Arms that are issued, but not in direct possession or use by the officer, shall be securely stored in a container, vault, trunk organizer, safe, locking mechanism or any other manner by which to mitigate the risk of loss or theft. E. Assure that all weapons are registered with the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. See the Definitions section of the BATFE Form 10 and 5 for instructions, http://www.atf.gov/forms/pdfs/f532010.pdf. LEA must comply with all applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to LESO through the State Coordinator not later than twenty four(24) hours after the incident has occurred. The LEA must provide a weapon POC on all data sheets. All weapon transfers between LEAs must be approved by the LESO before it is completed. LEA must maintain an approved copy of the ATF Form 10 or 5 for all weapons received. X. RECORDS MANAGEMENT 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 property's DEMIL Code. All documents concerning a property record must be retained. 1) Property records for items with DEMIL Code of"A" must be retained for two (2) calendar years from ship date, and then may be destroyed. 2) Property records for controlled property must be retained for five (5) calendar years or for the life span of the property, whichever is longer. 8 3) Environmental Property records must be retained for fifty (50) years, regardless of DEMIL Code (Chemicals, Batteries, Hazardous Material / Hazardous Waste). 4) LESO Program files must be segregated from all other records. 5) All property records must 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, requests for transfer, turn-in, or disposal, approved Bureau of Alcohol, Tobacco, Firearm sand Explosives (BATFE) Forms 10 and 5, Certificate 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. Xl. LESO PROGRAM ANNUAL TRAINING A. 10 USC §380 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. 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 shall ensure at least one representative (i.e. the State Coordinator or SPOC) attend the annualtraining that the LESO conducts. XII. PROPERTY ALLOCATION A. The State Shall: 1) Provide the LESO website that will afford timely and accurate guidance, information, and links for all LEAs who work, or have an interest in, the LESO Program. 2) Upon receipt of a valid State/ LEA request for property through the DLA 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 greatest extent possible, the.State will ensure fair and;equitable distribution of property based on current LEAs inventory and justification'for property. 3) The State and the LESO reserve the right to determine and/or adjust allocation limits. Generally, no more than one of any item per officer will be allocated to an LEA. Quantity exceptions may be granted on a case-by-case basis by the LESO. Currently, the following quantity limits apply: a. Small Arms: one (1) type for each qualified officer, full-time/part-time; b. HMMWVs: one (1) vehicle for every three (3) officers; c. MRAPs: one (1) vehicle per LEA. There are certain circumstances i.e. number of officers, size of agency jurisdiction, etc. where you can submit an official request and LESO make an exception to the policy for additional MRAP's. 4) The State and the LESO reserve final authority on determining the approval and/or disapproval for requests of specific types and quantities of excess DOD property. 9 B. The LEA shall: 1) Ensure an appropriate justification is submitted 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/ her State and agency. 2) When requesting 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 border security activities of the recipient agency. Additionally, the LEA should be fair 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 may not conduct screening on behalf of the LEA. 4) Obtain access to FEPMIS 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 FEPMIS. FEPMIS account holders must be employees of the LEA. XIII. PROGRAM SUSPENSION &TERMINATION A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in order to maintain active status. B. The State shall: 1) Suspend LEAs for a minimum of sixty (60) days in all situations relating to the suspected or actual abuse of LESO Program property or requirements and/or repeated failure to,meet the terms and conditions of the DLA MOA. Suspension may lead to TERMINATION. 2) The State and/or the LESO have final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not 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) Require the LEA to submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property, to include the LEAs Corrective Action Plan (CAP). 5) Suspend or terminate an LEA from the LESO Program if an LEA fails to comply with any term of the DLA MOA, the DLA Instruction and Manuals, any Federal 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 of the terminated LEA to an 10 authorized State or LEA, as applicable, prior to requesting a turn-in of the property to the nearest DLA Disposition Services location. b. In cases relating to an LEA termination, the LEA will have ninety (90) days to complete the transferor turn-in of all LESO Program property in their possession. C. The LEA shall: 1) Notify the State Coordinator's office and initiate an investigation into any questionable activity or actions involving LESO property issued to the LEA that comes to the attention of the CLEO, and,is otherwisewithin the authority of the Governor/ State to investigate. LEAs must understand that the State Coordinators, acting on behalf of their Governor, may revoke or terminate their concurrence for LEA participation in the LESO Program atany time, and for any reason. 2) Understand that the State may suspend LEA(s) and/or LEA POC(s) from within their State, based upon their findings during internal Program Compliance Reviews and/or spot checks at the State level. 3) Initiate corrective action to rectify suspensions and/or terminations placed upon the LEA for failure to meet the terms and conditions of the LESO Program. 4) Be required to complete and submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property. The LEA must submit all documentation to the State and the LESO upon receipt. 5) Providedocumentation to the State and the LESO when actionable items are rectified for the State and/or LEA(s). 6) The LEAs Chief Law Enforcement Official must request reinstatement as required, via the State Coordinator or SPOC(s), to full participation status at the conclusion of a suspension period. XIV. 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 LEA. XV. NOTICES 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 State Coordinators office or cognizant DLA office. The LESO may, from time to time, make unilateral modifications or amendments to the provisions 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 XVIII, 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. 11 XVI. ANTI-DISCRIMINATION A. By signing this SPO, or accepting excess DOD personal property under this SPO; 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 CFR Part 90. 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93- 112, as amended bythe Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41 and DOD regulations at 32 CFR Part 56. B. These elements are considered the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the DOD. XVII. INDEMNIFICATION CLAUSE The State/ LEA isrequired to maintain 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/ 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 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, itsagents, servants, or employees after the property has been removed from U.S. Government control. XVIII. TERMINATION A. This SPO may be 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 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. 12 • XIX. The LEA SHALL: A. Maintain a current sign out roster for all weapon issued out to your officers by serial number. You must have a signature for each weapon that you issue out. B. Maintain a current sign out roster for all control property (DEMIL B through Q), which is issued. C. Identify in your justification the used in counterdrug/counterterrorism activities/ Law Enforcement activities. D. LEAs enrolled in the State 1033 Program must maintain a copy of the State Plan of Operation (SPO). E. LEAs must be aware of their responsibilities under the Single Audit Act of 1984, as amended (31 U.S.C. 7501-7). F. Conduct periodic reviews to include physical inventory/spot checks of actual property and related records. Ensure compliance with applicable SPO. G. Ensure serial/tail numbers are provided to the State Coordinator on items such as Night Vision, Peacekeepers/Armored Personnel Carriers (APCs), Aircraft, Watercraft and Weapons. H. Submit requests for property returns (turn-ins to a DLA Disposition Services)through FEPMIS, Change of Status. Note: Costs of shipping or repossession of the property by the U.S. Government will be borne by the LEA. I. Submit disposal, through FEPMIS, Change of Status. J. Submit transfer, through FEPMIS, Modify. Except weapons and aircraft, this is done by email to State Coordinator. K. Submit copies of DD Form 1348's on all property once you have pick it up from Defense Logistics Agency (DLA) Disposition Services, within seven (7) days of receipt. L. You are required to take three (3) photos of all vehicles with a DEMII code B-Q. and DEMIL A Controlled property. Photos must be of the front, left side and data plate. When sending in the photos, please make sure the DTID is identified in the file name of the photo. M. All designated POCs must attend all training requirements as required in order to participate in the 1033 program. N. Contact the State Coordinator, in writing, not later than 30 days prior, when property accountable officer changes. 13 • XX. IN WITNESS HEREOF, the parties hereto have executed this agreement as of the last date written below. Charles Broadway Type/Print Chief Law Enforcement Official Name 9/7/2016 Chief aw Enforcement 0 'al Signature Date Virgil Howard Type/Print State Coordinator or Point of Contact Name fifoxsow 9/6/2016 State Coordinator or Point of Contact Signature Date 14 MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA BUREAU OF FEDERAL PROPERTY ASSISTANCE AND THE CLERMONT POLICE DEPT, 2YTPD6 (LEA) PURPOSE: This Memorandum of Agreement (MOA) is entered into between the Florida Department of Management Services,Bureau of Federal Property Assistance(hereinafter the"State")and the above named Law Enforcement Agency(hereinafter the"LEA")to set forth the terms and conditions which will be binding with respect to excess Department of Defense (DoD) personal property transferred pursuant to 10 U.S.C. 2576(a) and to promote the efficient and expeditious transfer of property. AUTHORITY: The Department of Management Services, Bureau of Federal Property Assistance and the Governor appointed State Coordinator is authorized by Chapter 217 F.S. to transfer to state and local law enforcement agencies personal property that is excess to the needs of the DoD. The DoD is authorized to select property suitable to be used for law enforcement activities by 10 USC 2576a. Such property must be that which is suitable for use by the LEA for law enforcement activities, with emphasis on counter-drug and counter-terrorism activities under such terms prescribed by the Defense Logistics Agency as delegated by the Secretary, U.S. Department of Defense. The LEA,for the purpose of thisagreement,is defined as a government agency whose primary function is the enforcement of applicable Federal, State or local laws and whose compensated law enforcement officers have powers of arrest and apprehension. TERMS AND CONDITIONS: The DoD, through DLA, has final authority to determine the type, quantity, and location of excess personal property suitable for use in law enforcement activities, if any, that will be transferred to the State. The State will promulgate policy and procedure that will be consistent with Federal policy and procedure to transfer property to the LEA. Property available under this agreement is for use by the LEA, not for personal use or gain. Property shall not be obtained for the purpose of sale, lease, rent, exchange, barter, secure a loan, or to otherwise supplement normal LEA budgets. All requests for property must be based on bona fide law enforcement requirements. The requisitioning of property for the purpose of cannibalization is not authorized. Any repair, maintenance, insurance, or other expenses associated with these items is the sole responsibility of the LEA. Property available under this agreement must be placed in use within a year of receipt and utilized for a minimum of one year, unless otherwise approved by the State, Aircraft, Flight Safety Critical Aircraft Parts (FSCAP), and Munitions List Items (MLI) requiring demilitarization may be transferred to the LEA for law enforcement activities. Such items must be reported to the State, returned to and received by DLA at the closest approved Defense Reutilization and Marketing Office (DRMO) when no longer needed for law enforcement activities. In cooperation with the State, the LEA is permitted to exchange aircraft and FSCAP with other authorized LEAs. Aircraft, weapons, armored personnel carriers, and any other item identified by DLA as a "major item" will be transferred under terms and conditions set forth in the State's"Conditional Transfer Document". Property available under this agreement is not to be stockpiled for possible future use. However, the LEA is permitted to retain reasonable quantities of aircraft components forfut e use, as determined by the State and/or the Defense Logistics Agency. Except where otherwise provided in this MOA,the LEA may dispose of property in accordance with state or local property disposal laws when it is determined by the LEA and approved by the State and LESO that the property is no longer needed for law enforcement use. The executive head of the LEA as identified below represents that he/she is authorized to enter into this agreement on behalf of the LEA. The Lea agrees to pay administrative fees associated with the acquisition of available property as assessed by the State. If the LEA materially fails to comply with any term of this agreement, whether stated in a Federal statue or regulation, or the Memorandum of Agreement, the state may withhold approval for property requests pending correction of the deficiency by the LEA or suspend the MOA. To the extent permitted by state law, the LEA shall indemnify and hold the State of Florida harmless from any and all suits, actions, demands, or claims of any nature arising out of the use of property. The State assumes no liability for damages or injuries to any person or property from the use of the property. THE LEA SHALL: e Assure that it will comply with applicable provisions of the following Federal polices prohibiting discrimination: e 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 at 32 CFR part 195. e On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101,et seq.) as implemented by the Department of Health and Human Services Regulation at 45 CFR part 90. e On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 USC 794),as implemented by the Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56. e Obtain audits, as necessary,due to the receipt of Federal financial assistance from property transferred to it, in accordance with the Single Audit Act of 1984, as amended(31 USC 7501-7). e Submit a"Law Enforcement Data Sheet," provided by the State, for participation in this program. The Data Sheet will be updated annually or as often as.changes occur in the LEA that affect the accuracy of the form. e Forward requests for property that is necessary to meet the requirements for LEA law enforcement efforts. e Agree to provide training, consistent wit LEA policies and procedures, in the use of specialized equipment. e Agree to maintain insurance, in an amount consistent with LEA policy and procedures,to cover damages or injuries to persons or property relating to the use of the property. e Control and maintain accurate records of all property obtained under this MOA. These records should identify the location of the property and, where appropriate, the person to which the property is assigned, including property that is transferred to another LEA. These records must be available for review by the State or DLA upon,request. e Assure that all environmentally regulated property is disposed of in accordance with applicable Federal, State and local laws and regulations. e Assure that all weapons obtained through this program are registered with the US Treasury Department's Bureau of Alcohol, Tobacco, and Firearms. e Submit"major" item and weapons requests in the format required by the State. Once executed by both parties below, this agreement renders null and void any previous agreements. Any property previously acquired in this Program is henceforth considered to be under the provisions of this Agreement. TERMINATION: This MOA may be terminated by either party, provided the other party receives thirty (30) days notice, or as otherwise stipulated by public law. Such termination does not nullify the property use restrictions in place on property previously obtained in the program. IN WITNESS THEREOF,the parties hereto have executed this agreement as of the last date written below. Virgil Howard —Signature Executive Head of Law Enforcement 1033 Program Administrator Agency Charles Broadway Name Typed/Printed 9/6/2016 9/7/2016 Date Law Enforcement Agency Date Rev. 09/2016