Contract 2020-014A#2020-14-A
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/Territory Law Enforcement Agencies (LEA's), 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:
Version; July 2018
State Coordinator (SC):
State Point of Contact (SPOC):
Jody J. Quick
Cherie Ferrell
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, FI. 32399 EMAIL / Contact Phone Numbers:
Jody Quick, 1033 Program Administrator, State Coordinator
Jodv.QuickCcD_dms.myflorida.com
Main Phone Number: 850-487-1434
Cherie Ferrell, State Point of Contact
Cherie. Ferrell(cDdms.myflorida.com
Main Phone Number: 850-488-5134
Mobile Number: 850-879-4539
Hours of
Operation: 8:00 a.m. to 5:00 p.m., Monday thru Friday
A. All property is transferred and the recipient 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.
B. 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
conditionallytransferred.
C. The LEA 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.
D. Controlled property (equipment) includes any property that has a Demilitarization (DEMIL)
Code of B, C, D, E, F, G, and Q3.
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To receive such property, on an annual basis the LEA shall certify (Ref: 10 U.S. Code §
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
3) That it provides annual training to relevant personnel on the maintenance,
sustainment, and appropriate use of controlled property.
E. The LEA will maintain and enforce regulations designed to impose adequate security and
accountability measures for controlled property to mitigate the risk of loss ortheft.
Upon approval of written requests, cannibalization may be 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.
G. 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 anytime.
H. 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 I_Ws 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
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any furtherdocumentation.
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 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/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. Full 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.
I. 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.
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.
K. 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
DEMILCode and regardless of the Department orAgency that donates the
property.
2) DEMIL Codes are not a substitute for export controls. They do not provide
information onthe export control requirements for an item.
3) The Transferee is responsible for complying with U.S. Export Control Lawsand
Regulations, including the Export Administration Regulations (EAR) (15 CFR
Parts 730-774) and the International Traffic in Arms Regulations (ITAR) (22 CFR
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Parts 120-130).
a) This responsibility exists independent of, and is not established or
limited by, the information provided in this statementof
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:
https://www.bis.doc.goy/index.php and
https://www.pmddtc.state.gov/index.htmi.
d) Tips:
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:_
http://www.pmddtc.state.goy/commodity jurisdiction/index.htmi.
ri. If Transferee is sure the item is subjectto 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 at:
https://www.bis.doc.gov/index.php/licensing/commerce-control-list-
classification/classification-request-guidelines
R 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 Transferees/buyers 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://www.bis.doc.gov/index.php/forms-
docu m ents/pdfs/1641-ecp/fi le
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.
IV. ENROLLMENT
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.
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 Centerdatabase.
4) Ensure only authorized LEA applications for participation are submitted to the
Program for approval. Applications are required by the LESO Standard
P
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/certifyLEAs 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 LENS 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 1 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 result 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 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 DLA LESO Program
property in 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) LEM that fail to submit the certified annual inventory by January 31
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may be 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 tosubmit 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 may be subject to additional controls.
4) Ensure that an approved current SPO is uploaded in FEPMIS.
VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a PCR for each State/Territory that is enrolled in the LESO Program
every two 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 MCA.
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
besuspended 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 process by:
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 theyare aware of the PCR schedule and prepared for
review.
c) Receiving inventory selections from the LESO and forwarding them to
the selected LEAS.
d) Ensuring the LEA Points of Contact (POCs) gather the selected items
in acentral 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
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/screener letter.
iii. A physical inventory of DLA LESO Program property selected for
review at each LEA.
iv. A specific review of each selected LENS 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
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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.
VII. REPORTING REQUIREMENTS FOR LOST, STOLEN, OR DESTROYED
DLALESO PROGRAM PROPERTY
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 may be required to provide the following:
a) A comprehensive police report
b) A National Crime Information Center (NCIC) report/entry
2) The State/Territory will provide the contact information for the Civilian
Governing Body 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
theLESO within seven (7) days.
4) All LEAS participating in the program will agree to cooperate with
investigations into LSD by the DLA OIG.
5) A DD 200 Form, Financial Liability Investigation for Property Loss (FLIPL) will 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.
VIII. AIRCRAFT AND SMALL ARMS
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:
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1) Provide the 1348-1A turn in document that has been approved through the LESO.
2) Provide an appointment letter signed by the CLEO, or their designee,
appointing the certifier and verifier to that position (found on the LESO
website).
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 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
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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.
IX. RECORDS MANAGEMENT
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)
calendaryears 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 otherrecords.
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 Aircraft Registration (AC Form 8050-3), Aircraft Registration
Application (AC 8050-1).
X. LESO PROGRAM ANNUAL TRAINING
A. 10 USC § 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.
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C. The State/Territory shall ensure at least one representative (i.e. the State Coordinator
or SPOC) attend the annual training that LESOconducts.
XI. PROPERTY ALLOCATION
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 activitiesof 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 may be.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 DoD property.
B. The LEA shall:
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.
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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.
XII. PROGRAM SUSPENSION & TERMINATION
A. The State/Territory/LEA is required to abide by the terms and conditions of the
DLA MCA and SPO in order to maintain active status.
B. If a State Coordinator or LEA fails to comply with any terms of the DLA MCA,
Federal statute or regulation, SPO, or a State MCA, 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 State/Territory
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 LEAS will transfer or
turn -in 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 a State/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:
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1) Suspend LEAS for a minimum of sixty (60) days in all situations relating to 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 totermination.
2) Coordinate with the LESO, who will have final discretion on
reinstatement requests. 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.
6) 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
(90) days to complete the transfer or turn -in of all DLA LESO
Program property in their possession.
7) 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 anytime 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.
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9) Implement State level LEA suspensions and notify the LESO if a LEA fails
to comply with any term of this MCA, 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 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 requestinga turn -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.
XIII. AMMUNTION
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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
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 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
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, theState 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 Part195.
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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 CFRPart 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 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
a. The 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 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, ordestruction.
XVIII. TERMINATION
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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 agrees to comply with all
provisions set forth herein and acknowledges 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 sowarranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as
of the last date written below.
Click here to enter text.
Type/Print Chief Law Enforcement Official Name
Cir:Cq k&Oe S ` cj 00,1 �
Click here to enter a date.
Chief Law rnforcement Official SlAdhature Date
Jody Quick
Type/Print State Coordinator or Point of Contact Name
State Coordinator or Point of Contact Signature
2/10/2020
Date
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