Loading...
HomeMy WebLinkAboutContracts & Agreements_204-2018STATE PLAN OF OPERATION BETWEEN THE STATE OF CALIFORNIA AND THE REDLANDS POLICE DEPARTMENT I PURPOSE This State Plan of Operation (SPO) is entered between the. State of California and the Law Enforcement Agency (LEA nalne) REDLANDS POLICE DEPART 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 § 2.576a 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 or local Law Enforcement Agencies (LEAS), personal property that is excess to the needs of the DoD, including small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter-drug/counter- terrorism or border security activities, under such terms prescribed by the Secretary. The Secretary of Defense has delegated authority for management of this program to the DLA, DLA defines law enforcement activities as activities performed by governmental agencies whose primary function is the enforcement of applicable Federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. This program i•s known as the Law Enforcement Support Program and commonly referred to as the "LESO Program" or "1033 Program" and is administered by DLA Disposition Services, LESO. 1 California SPO, August 20.18 III GENERAL TERMS AND CONDITIONS A Operational Authority The Governor of the State of California has designated in writing with an effective date of to implement this program statewide as well as conduct management and oversight of this program Funding / Budgeting to administer. this program is provided by a Federal Homeland Security Grant. The provided funding is used to support assistance to the LEAs with customer service to include computer / telephone assistance and physicalvisits 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 California is as follows. State Coordinatoi (SCy Greg Schumakei, Greg Schunialcer(r).oaloes ca.gov 916-845-8710 State Point of Contact (SPOC), SGM (CA) Janice Barnes, Janice Barnes®caloes ca,goy 916-845-869 State Point of Contact (SPOC). Barrett Benson, Barrett..Benson(caloes.ca.gov 916-845-8668 State Point of Contact (SPOC). SFC (CA) Jenny Beutler,1euny.Beutler(' ealoes.ca Gov 916-845-8708 State Point of Contact (SPOC). SSG Tyler Jacobs Tyier.Jac,obs{cc caloes,ca.gov 916-845-8707 State Point of Contact (SPOC): Nancy Saechao Nancy,Sacchao(u,caloes.ca.gov 916-845-8709 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. 3650 Schriever Avenue, Mather, CA 95655 Fax Nurnbei. 916-845-8114 *Please notify our office when faxing Hours of Operation. 0730 to 1600 M F B All property is transferred and recipient (LEA name) agrees to accept property on an as -is, where -is basis. The DLA has filial authority to determine the type, quantity, and allocation of excess DoD personal property suitable for law enforcement activities C. This agreement creates no entitlement to the LEA to receive excess DoD personal property The State and DLA retains the right to recall any property during the period that. it is conditionally transferred 2 California SPO, August 2018 D The (LEA name) REDLANDS POLICE DEPARTMENT understands that property made available under this agreement is for the use of authorized program participants only Authorized participants who receive property from the LESO Program will not loan, donate, or otherwise provide property to other groups or entities that are not otherwise authorized to participate in the Program Property will not be obtained by any authorized participant for sale, lease, loan, personal use, rent, exchange, barter, transfer or to secure a loan Authorized participating agencies may, with prior approval from the LEA on a temporary basis, conditionally loan property to another participating agency as their mission requires, utilizing an Equipment Custody Receipt (ECR) Property temporarily loaned will be returned to the LEA responsible for the accountability All requests for property will be based on bona fide law enforcement requirements E Controlled property (equipment) includes any property that has a Demilitarization (DEMIL) Code of B, C, D, E, P, G, and Q3. 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, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies 3) That it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property F. The (LEA name) REDLANDS POLICE DEPARTMENT will maintain and enforce regulations designed to impose adequate security and accountability measures for controlled property to mitigate the risk of loss or theft Under no circumstances will controlled property be sold or otherwise transferred to non-U S. persons, or exported pursuant to 10 U S C 2576a, All transfers of property must be approved by the State and DLA Disposition Services LESO G Upon approval of written requests, cannibalization may be perforiried on approved aircraft, armored vehicles, and High Mobility Multipurpose Wheeled Vehicles (I-IMMWVs) Requests will be submitted in writing to the State and approved by the LESO for approval The cannibalized end item roust be returned to DLA Disposition Services within the allotted timefraines determined by the LESO 3 California SPO, August 2018 H. The LESO conditionally transfers all excess DoD property to 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 LEA When the LEA no longer has a legitimate law enforcement use for controlled property, the LEA will notify the LESO and the controlled property must eithei be transferred to anothei 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 to LEA through the DLA at any time I Property with a DEMIL Code of "A" and "Q" with an Integrity Code of"6" (Q6) is also conditionally transferred to the 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 LEA. Prior to this date, the .LEA remains responsible for the accountability and physical control of the item(s) and the Program retains the right to recall the property 1) Property with DEMIL Codes of "A" and "Q6" will be placed in a closed status on the LEA's LESO inventory upon meeting the one year mark. 2) Once closed, the property is no longer subject to the annual inventory requirements and will not be inventoried during a LESO Programs Compliance Review (PCR), 3) Ownership and title of DEMIL "A" and "Q6" items that have been closed will pass from the DoD to the LEA one year from the ship date, without issuance of any further documentation 4) LEA 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 m their private capacity Accordingly, such property should be maintained and ultimately disposed of in accordance with provisions in LEA 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 LEA 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 J LEAs are not authorized to transfer any property on their inventory without State and LESO notification and prior approval Property will not physically move until the State and LESO approval process is complete 4 California SPO, August 2018 K Certain controlled equipment will have a documented chain of custody (i.e, Equipment Custody Receipt [ECR} or equivalent), including a signature of the recipient Controlled equipment requiring a chain of custody are. small arms, aircraft, high profile vehicles, optics, robots, and small arena's parts/accessories It is encouraged to utilize ECRs for all controlled equipment Regarding ECRs during a LESO PCR see section VI, A, 4 L Sale or transfer of DEMIL Codes "A" or "Q6" property after the one (1) year conditional holding and utilization period to non -LEA participants will be executed in compliance with U.S, Export Control Regulations 1) Excess personal property may be export -controlled, regardless of the assigned DEMIL Code and regardless of the Department or Agency that donates the property, 2) DEMIL Codes are not a substitute for export controls They do not provide information on the export control requirements for an item 3) The Transferee is responsible for complying with U S Export Control Laws and Regulations, including the Export Administration Regulations (EAR) (15 CFR Parts 730- 774) and the International Traffic in Arms Regulations (ITAR) (22 CPR Parts 120-130). a) This responsibility exists independent of, and is not established or limited by, the information provided in this statement of compliance b) The responsibility includes, but is not limited to, determining the subsequent transferee's eligibility to receive such items in accordance with U S. Export Control Laws and Regulations c) Information on the EAR and ITAR are at. https,//www bis doc gov/index.php and https://www pmddtc state gov/index html d) Tips i If Transferee has doubts about which regulation governs control of the item, they may submit a commodity jurisdiction request to the Department of State, Directorate of Defense Trade Controls to determine whether it is subject to the ITAR or EAR, Information on commodity jurisdiction requests can be found at: http //www pmddtc.state govicorrimodi unsdtction/index lit><ril ii If Transferee is sure the item is subject to the EAR, but needs help determining the correct Export Control Classification Number (ECCN), they must submit a commodity classification request to the Department of Commerce, Bureau of Industry and Security.(BIS) Information on classification requests can be found at: littps•I/www.bis.doc.gov/index plip/hcerisin;;/coin?inerceTcc ntRol-list classification/classification-request-guidelines 5 California SPO, August 2018 iii. 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/fists-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 govlindex.php/forms- docurnents/pdfs/1641-ecp/file 4) The Transferee must notify all subsequent purchasers or Transferees in writing, of their responsibility to comply with U S Export Control Laws and Regulations 5) Defanitaon. "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 TV. ENROLLMENT A. A LEA will have at Least one full -tune law enforcement officer m 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. State law enforcement training facilities/academies may be authorized to participate in the program given the primary function is the training of bona fide LEA 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 6 California SPO, August 2018 7 C. The State shall, 1) Establish and implement the LESO Program eligibility criteria ]n accordance with 10 USC § 2576a, DLA Instructions and Manuals regarding the LESO Program, and the DLA MOA 2) Receive and process applications for participation from eligible LEAs within the State of California 3) Collect originating agency identifier code (ORI) 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) foi validation against the Federal Bureau of Investigation's National Crime Information Center database. 4) Ensure only authorized LEA applications for participation are submitted to the Program for approval. Applications are required by the LESO Standard Operating Procedures (SOP) to be submitted within thirty (30) days of both the Chief Law Enforcement Officer's (CLEO) and the State Point of Contact's approved signature and date, 5) Validate the authenticity of the LEAs within their State that are applying for participation If the LEA forwards an unauthorized participant application, this may result in a formal suspension of the LEA 6) Determine the qualifications of a full-time law enforcement officei. 7) 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 level The LEA will only forward and recommend/certify LEAs to the LESO that are government agencies whose primary function is the enforcement of applicable Federal, LEA, 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 State 8) Ensure LEAs enrolled in the Program update the LEA's account information annually, or as needed. This inay require the LEA to submit an updated application. Updated applications are required to be submitted for, but are not limited to, the following reasons. a change in CLEO, the addition or removal of a screener, and/or a change in the LEA's address or contact information 9) Provide a comprehensive overview of the Program to all LEAs once they are approved for enrollment. This comprehensive overview will be done within thirty (30) days of an LEA receiving the LESO's approval to participate 10) Ensure that screeners of property are compensated employees of the LEA A screener may only screen property foi two Law Enforcement Agencies. Contractors may not conduct screening on behalf of the LEA California SPO, August 2018 11) Ensure at least one eligible person per LEA maintains access to the Federal Excess Property Management Information System (FEPMIS), or current property accounting system. Account holders will be employees dale LEA. D. The LEA shall. 1) Submit a completed certification package for participation in this program to the Cat OES/SPOC for approval Refer to LESO web site for necessary procedures and documentation. Once approved, the certification remains valid foi a one year period. New certification requests must be submitted within sixty days (60) of the certification expiration. Once a LEA receives notification of their approved application from LESO or the SPOC, .each screener will register with the DLA Account Management and Provisioning System (AMPS) and the DLA Reutilization, Transfer, and Disposal (RTD) web sites a) It the agency CLEO changes, a new certification package is required as soon as the change has occurred, within 15 days after taking office Maintain an active status if they acquire property or weapons through the program, Failure to maintain an active status will result m the turn -in of all such property Submit requests for property electronically via the DLA Disposition Services The LEA must provide written Justification for all requisitions to the SPOC describing how the property will support their law enforcement activity The Justification should ALWAYS include the LEA's name 4) Control and maintain accurate records on all property obtained under this plan These records must provide an "audit trail" for individual items of property from receipt to distribution for the life cycle of the property. The CLEO must certify all .annual inventory requirements All annual inventory certifications must be kept on by file indefinitely by the LEA 5) The records maintained must also satisfy any and all pertinent requirements under California statutes and Federal regulations for the progratn. (DLA Directive 5025,30 - Appendix 1) 6) Comply with the terms, conditions and limitations applicable to property transferred pursuant to this plan/program 8 California SPO, August 2018 7) A maximum of eight (8) screeners, paid full-time and/or part -trine, sworn and/oi non - sworn officers of the LEA may be designated. Volunteers or contracted employees do not qualify and cannot be assigned screeners for the LEA RTD Screeners must be employed by your LEA, The screeners must be named on the Application foi Participation that is sent to LESO, and must be updated as changes occur A maximum of two (2) of the authorized screeners may physically screen at any DLA Disposition Services office at one time. a) LEA Screener Criteria. i. Screeners must be paid employees of the agency Screeners may be full and/or part time, sworn and/or non -sworn personnel assigned by the LEA to perform these duties. California LEAs are required to have a minimum of two (2) screeners per agency. Only two (2) authorized screeners may physically screen at any DLA Disposition Services site at one time a. The LEA must have screeners that have gained and maintain access to the federal sites and inventory systems such as DLA External Business Portal at https //business dla.mil/landing/ds jsp and the Federal Excess Property Information System (FEPMIS) at https.//farn.nwcg gov/fam-web/ Please contact your LESO program specialist for assistance b Volunteers or contracted employees do not qualify and cannot be assigned screeners for the LEA b) Property Accountability Officer (PAO) Criteria, I. The PAO must be a paid employee of the agency. The PAO is responsible for maintaining all accountability records for property received and providing required documents and information to Cal OES for all LESO property held by the LEA. it The PAO must establish and maintain a FEPMIS account in. The PAO will update contact information immediately as it changes iv The PAO will contact the SPOC, in writing, within fifteen (15) days of a Property Accountability Officer (PAO) change c) Weapons Point of Contact (WPOC) Criteria. t. The WPOC must be a paid employee of the LEA Responsibilities include. ensuring the 1033 weapons accountability and inventory, providing required documentation, and supplying reports and inventory information of LESO weapons as determined by Cal OES or LESO 9 California SPO, August 201.8 d) Aircraft Point of Contact (APOC) Criteria, i. The APOC must bea paid employee of the LEA, It is recommended that this individual has comprehensive knowledge of the agency's air operations mission, and responstbihties, This individual should be familial with the Federal Aviation Administration (FAA) rules pertaining to the use of government aircraft. Responsibilities include providing required documentation, reports or inventories of all 1033 aviation property held by the LEA e) Tactical Vehicle Point of Contact (TVPOC) Criteria]; The TVPOC must be a paid employee of the LEA Responsibilities includes, ensuring 1033 tactical vehicle accountability and inventory, providing required documentation, and supplying reports and inventory information of 1033 tactical vehicles as determined by Cal OES or LESO. 8) Ensure that all environmentally regulated property is handled, stored and disposed of m accordance with applicable Federal, State and local environmental laws and regulations 9) If applicable, ensure that all required weapons obtained through the 1033 Program will be registered with the U S Treasury Department's ATF Recipients must comply with all applicable firearm laws and regulations Report all stolen or unaccounted-for weapons to the SPOC immediately after the incident has been discovered The LEA must provide a weapon POC on all data sheets All weapon transfers between LEAs must be approved by the LESO before completion The LEA must maintain on file an approved copy of the ATF Form 5/10 for all weapons obtained through the 1033 Program. The CLEO must verify that a physical weapons inventory has been conducted, verifying 100% accountability of all weapons issued to the LEA. 10) Conduct periodic reviews to include physical inventory/spot checks of actual property and related records. Ensure compliance with the State Ilan of Operation and/or applicable Federal regulations. Conduct property reconciliations and adjustments as requested by the SPOC/LESO. V ill conduct an annual inventory of property as directed by the SPOC Ensure serial/tail numbers and digital photographs are provided to the SPOC on Tactical Vehicles, aircraft, watercraft and weapons 11) Submit requests for property disposition to the SPOC for approval. 10 California SPO, August 2018 V. ANNUAL INVENTORY REQUIREMENTS A Pei the DLA Instructions and Manuals regarding the LESO Program and the DLA MOA, each State and participating LEA is required to conduct an annual physical inventory certification of all property, including DEMIL"A" .and "QG" for one (1) year from ship date. Annual inventories start on 1 October each year and end 31 January each year. LEAs in California will submit certified inventories by 1 December each year. 1) DEMIL "A" and "Q6" property i ecords will not be closed during the annual inventory! B. The State shall. 1) Reeeive 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 foi inclusion in the LESO property accounting system for all aircraft, armored vehicles, small anus and other unique items, as required 3) Suspend a LEA as a result of the LEA's failure to property 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 by 1 December of each year 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 annually The Fiscal Year (FY) is defined as October 1 through September 30 of each year This gives the LEA two (2) 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. 11 California SPO, August 2018 ii The LESO requires serial number photos for each small arm received through the Program c) LEAs that fail to submit the certified annual inventory by December 31 inay be suspended from operations within the Program When a LEA is suspended, a Corrective Action Nan (CAP) will need to be submitted to the State and LESO identifying all actions taken to correct the deficiencies. Further failure to submit the certified annual inventory may result in a LEA's termination 3) Be aware that High -Profile commodities (aircraft, armored vehicles and small arms) and other property may be subject to additional controls. 4) Ensure that an approved current SPO is uploaded in FEPMIS. VI. PROGRAM COMPLIANCE REVIEW A The LESO conducts a PCR for each State that is enrolled in the LESO Prograrn every two (2) years The Program reserves the right to conduct no notice PCRs, of require an annual review, or similar inspection, on a more frequent basis. for any LEA. 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 Instruction and Manuals regarding the LESO Program, and the DLA MOA 1) If a State and/or LEAfails 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 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 Program operations within the State and/or LEA. 3) States anchor LEAs which fail a program compliance review will be suspended for a nnuuinum of sixty (60) days and will not be reinstated until DLA conducts a re -inspection on the State and the State 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. 12 California SPO, August 2018 B The State 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 they are aware of the PCR schedule and prepared for review e) Receiving inventory selections from the LESO and forwarding there to the selected LEAs, d) Ensuring the LEA Points of Contact (POCs) gather the selected items in a central location to ensure the LESO can efficiently inventory the items e) Providing additional assistance to the LESO as required, prior to, during, and upon completion of the PCR 2) Conduct internal PCRs of LEAs participating in the Program in order to ensure accountability, program compliance, program eligibility and validate annual inventory submissions are accurate The State will ensure an internal PCR of .at least 5% of LEAS that have a property book from the LESO Program within his/her LEA is completed annually, This may result in a random review of all or selected property at the LEA 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 n A review of the LEA's applicationlscreener letter. hi, A physical inventory of DLA LESO Program property selected for review at each LEA. iv. A specific review of each selected LEA's files for the following, DD Form 1348- 1 A 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 LEA shall utilize a PCR checklist provided by the LESO, or equivalent 13 California SPO, August 2018 c) In cases that require a repossession or turn -in of property, the LEA and/or LEA will bear all expenses related to the repossession and/or turn-mltransfer of DLA LESO Program property to the appropriate 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 turn -in, transfer, and disposal c) The State Coordinator will verify that an LEA requesting to participate in the LESO Program is a governmental Law Enforcement Agency and not a private or contracted agency d) The State Coordinator will notify LESO of any applications that are not approved at the State level 3) 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 be signed by the Chief Law Enforcement Official (CLEO) or acting Chief Law Enforcement Official. 4) 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 14 California SPO, August 2018 VIII. REPORTING REQUIREMENTS FOR LOST, STOLEN, OR DESTROYED OLA LESO 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 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 the LESO within seven (7) days 4) All LEAs participating in the program will agree to cooperate with investigations into LSD by the DLA OIG 5) 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. IX, 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 LEA, 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: 1) Provide the 1348-1A turn in document that has been approved through the LESO. 15 California SPO, August 2018 2) Provide an appointment letter signed by the CLEO, or their designee, appointing the certinei 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 documented 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 numbei 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 L 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. Wi11 result in a one hundred and eighty (180) day minimum suspension. 3) Third Instance of Loss/theft. Will result in a two hundred and forty (240) day minimum suspension. DLA Disposition Services will submit a formal assessment presenting all the facts of the instances of loss, relevant data, and evidence as to whether a systemic problem exists to DLA J34 for review and coordination. DLA Disposition Services will recommend potential disciplinary actions which could include recalling the agency's loaned small arms or termination from the Program. F Aircraft and small arms will not be obtained by any authorized participant for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and will be returned to the LESO at the end of their useful life 16 California SPO, August 2018 X. 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) calendar years from the date the property is removed from the LEA's property book before being destroyed 3) Environmental Property records will be retained for fifty (50) years, regardless of DEMIL Code (Chemicals, Batteries, Hazardous Material/Hazardous Waste) 4) LESO Program files will be segregated from all othei records, 5) All property records will be filed, retained, and destroyed in accordance with DLA Records Schedule 'These records include, but are not limited to, the following: DD Form 1348.1A for approved requests for transfers, turn -ins, requisitions, and any other pertinent documentation andloi records associated with the LSO Program (i e approved Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) 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 XI. 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 (including law enforcement personnel of the political subdivisions 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 annual training that LESO conducts 17 California SPO, August 2018 XII. PROPERTY ALLOCATION A The State Shall 1) Provide the LESO website that will afford timely and accurate guidance, information, and links foi all LEAS who work, or have an interest in, the LESO Program. 2) Upon receipt of a valid LEA request for property through the DLA Disposition Services RTD Website, gave a preference to those requisitions indicating that the transferred property will be used in the counter-drug/counter-terrorisin 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 eurrent LEA inventory and LEA justifications for property, 3) 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) MRAPsfArmored Vehicles. two (2) vehicles per LEA; d) Robots one (1) of each type for every twenty-five (25) officers e) General property. If an agency requests more than one of any item of general property per officer, their RTD justification trust be clear and convincing as to why a larger quantity is needed 4) Additional justification may be required for small arms and armored vehicles The State and LESO reserves final authority on determining the approval and/or disapproval for requests of specific types and quantities of excess DoD property 5) Access the DLA Disposition Services RTD Webs.ite at a minimum of once daily (Monday — Friday) to review/process LEAS' requests for excess DoD property. d) Accountability and responsibility concerning excess DoD personal property and inventory requirements will be verified during the annual inventory certification process 7) Training and education will be provided via telephone contact, e-mail conversations, webinars, and personal site visits either one on one or on a regional basis. 18 California SPO, August 2018 8) Procedures for turn-in's and transfers are discussed on LESO's web site at Iittp://www.dla roil/DispositionServices/Oft:ers/Reutilization/LawEnforcetnent/TurnlnTra nsfers.aspx Scheduling turn -ins is accomplished online at http //www dispositionservices,dla.inil on the Schedule Property Turn In tab or from any DLA DS Site contact page "Schedule a Turn In" hyper link 9) California LEA's are not authorized to dispose of controlled property in any other way other than transferring to another eligible LEA of turning in to a DLA Disposition Services Site Transfers and turn -ins of property will not be executed without the expressed approval of the State Coordinator and LESO. B The LEA shall, 1) Ensure an appropriate justification is submitted when requesting excess DoD property via the DLA Disposition Services RTD Website 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) Access the LESO website for timely and accurate guidance, information, and links concerning the LESO Program and ensure that all relevant information is reviewed 3) When requesting property, provide a justification to the State and the LESO on how the requests for property will be used in counter -drug, counter -terrorism, or bordei security, officer support, or law enforcement mission support 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 o.ne of any item per officer will be allocated 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 5) Ensure screeners of property are employees of the LEA Contractors may not conduct screening on behalf of the LEA 6) DLA typically allows 14 days for allocated property to be picked up or for shipping arrangements to be made If an LEA cannot meot this titneframe, direct coordination with the Disposition Service Site must be made before the end of the 14 day period 7) Onc.e the property has been received, the LEA has 30 days to accept the receipt in FEPMIS 8) Once the property is in an Active status in FEPMIS, the LEA must upload the signed DD Form 1348-1A as a document via the Modify module in FEPMIS 19 California SPO, August 2018 XIII. PROGRAM SUSPENSION & TERMINATION A The State/LEA is required to abide by the terms and conditions of the DLA MOA and State Plan of Operations in order to maintain active status, B. If a State Coordinator or LEA fails to comply with any terms of the DLA MOA, Federal statute or regulation, SPO, or a State MOA, the State and/or LEA may be placed on restricted status, suspended, and/or terminated from the Program All suspension of termination notifications will be in writing and will identify remedial measures required for reinstatement, if applicable 1) Suspension, A specified period aftime in which an entire LEA 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 winch a LEA of LEA is restricted from receiving an item or commodity due to isolated issues with the identified commodity. Restricted status may also include restricting an agency from all controlled property. Restricted status is commonly used for agencies that have active consent decrees from the Department of Justice C. The State shall. 1) Suspend LEAs for a minimum of sixty (60) days in all situations 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 the DLA MOA, Suspension may lead to TERMINATION from the LESO Program 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/oi 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 Corrective Action Plan (CAP) 20 California SPO, August 2018 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 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 LEA, and is otherwise within the authority of the Governor/LEA to investigate. Upon conclusion of any such investigation, take appropriate action and/or make. appropriate recommendations on suspension or termination of the LEA to the LESO States/Territories, acting on behalf of their Governor, may revoke or terminate their concurrence for LEA participation in the LESO Program at any time and for any reason 8) Request that the LESO suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any term of this MOA, the DLA Instructions and Manuals regarding the LESO Program, any Federal statute or regulation, or the SPO 9) Implement State level LEA suspensions and notify the LESO if a LEA fails to comply with any term of this MOA, the DLA Instructions and Manuals regarding the LESO Program, any Federal statute or regulation, or the SPO 10) Initiate corrective action to rectify suspensions and/or terminations placed upon the State for failure to meet the terms and conditions of the LESO Program, 11) Make contact (until resolved) with suspended LEA(s) within his/her State to ensure corrective actions are rectified by the timeframe provided by the LESO 12) Require the LEA to complete and submit results regarding all completed police investigations and/oi reports regarding LSD DLA LESO Prograrn property The LEA mast submit all documentation to the LESQ 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 21 California SPO, August 2018 D 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 otherwise within the authority ofthe Governor 1 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 at any 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, rnissing, stolen and/or damaged LESO Program property The LEA must submit all doeurnentation to the State and the LESO upon receipt. 5) Provide documentation to the State and the LESO when actionable items are rectified for the State and/or LFA(s). 6) The LEAs Chief Law Enforcement Official must request reinstatement as required, via the State Coordinator of SPOC(s), to full participation status at the conclusion of a suspension period 7) In the event of the LEA termination, make every attempt to transfer the DLA LESO Program property to an authorized participating LEA, as applicable, prior to requesting a 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 turret -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 XIV AMMUNITION 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 22 California SPO, August 2018 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 Service 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. XV. 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 State and/or LEA. XVI. 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, snake unilateral modifications of 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 eases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator to conform changes affecting their operations, XVII. ANTI -DISCRIMINATION A By signing this SPO, or accepting excess DOD personal property under the DLA MOA, the State pledges that it and each LEA agrees to comply with applicable provisions of the following national policies prohibiting discrimination, 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et sect) as implemented by DOD regulations 32 CR Part 195, 23 California SPO, August 2018 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 by the Rehabilitation Act Amendments of 1974, P.L 93-516 (29USC 794), as implemented by Department of Justice regulations in 28 CFR Part Oland 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 State/LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the LESO Prograrn 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 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 of damage, the recipient must submit a check made payable to ILA for any insurance proceeds received in excess of then actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction 24 California SPO, August 2018 XIX. TERMINATION A This SPO may be terminated by either party, provided the other party receive 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 so warranted XX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date written below C H / E f= or Pali GE CHRI S CATREN Type / Print Chief Law Enforcement Official Name It/?/ Zofr Chief Law Enforcement Official Signature Date (MM/DD/YYYY) Type / Print State Coordinator Name Digitally signed by Janice Barnes Janice Barnes DN. cn=Janice Barnes, o=OES, ou=LESO, emailganice.barnes@caloes.ca.gov, c=US Date: 2018.11.13 10:57:49 -08'00 State Coordinator Signature Date (MM/DD/YYYY) Please return the signed copy of this document to your State Point of Contact and retain a copy for your records 25 California SPO, August 2018