HomeMy WebLinkAboutContracts & Agreements_225-2022State Plan of Operation (SPO) between:
The State of California
and the
(State/United States Territory)
Redlands Police Department
Law Enforcement Agency (LEA)
1) PURPOSE This State Plan of Operation (SPO) is entered into between the State/United States
(U.S.) Territory and Law Enforcement Agency (as identified above), to set forth the terms and
conditions which will be binding on the parties with respect to Department of Defense (DoD)
excess personal property conditionally transferred pursuant to 10 USC § 2576a, in order to
promote the efficient, expeditious transfer of property and to ensure accountability of the
same.
2) AUTHORITY The Secretary of Defense (SECDEF) is authorized by 10 USC § 2576a to transfer to
Federal and State 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, disaster -related emergency preparedness or border security
activities, under such terms prescribed by the Secretary. The SECDEF has delegated program
management authority to the DLA. The DLA Disp Svcs LESO administers the program in
accordance with (IAW) 10 USC § 2576a, 10 USC § 280, DoDM 4160.21 and DLAI 4140.11. The
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.
3) GENERAL TERMS AND CONDITIONS "DoD excess personal property" also known as "items",
"equipment", "program property", or "property". "DLA Disposition Services Law Enforcement
Support Office" also known as "1033 Program", "LESO Program", "the program", or "LESO".
"State or U.S. Territory" also known as "the State", "State Coordinator (SC)", "State Point of
Contact (SPOC) ", or "SC/SPOC". "Law Enforcement Activities" also known as "agencies in law
enforcement activities", "Law Enforcement Agency (LEA)", "program participant", or
"State/LEA".
a) Property made available under this agreement is not for personal use and is for the use
of authorized program participants only. All requests for property shall be based on bona
fide law enforcement requirements. Authorized participants who receive property from the
program will not loan, donate, or otherwise provide property to other groups or entities (i.e.,
public works, county garage, schools, etc.) That are not otherwise authorized to participate
in the program. Property will not be obtained by program participants for the purpose of
sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. To
receive such property, on an annual basis the LEA shall certify that they have:
i) Obtained authorization of the relevant local governing body authority (i.e., city
council, mayor, etc.).
ii) Adopted publicly available protocols for the appropriate use of controlled property,
the supervision, and the evaluation of the effectiveness of such use, including auditing
and accountability policies.
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Ili) Annual training in place and provides it to relevant personnel on the maintenance,
sustainment, and appropriate use of controlled property, including respect for the rights
of citizens under the Constitution of the U.S. and de-escalation of force.
b} All costs associated with the transportation, turn -in, transfer, repair, maintenance,
insurance, disposal, repossession or other expenses related to property are the sole
responsibility of the State/LEA. The State/LEA shall also be responsible to reimburse the U.S
Government (USG) for costs incurred in retrieving and/or repossessing property
impermissibly transferred by the State/LEA to unauthorized participants.
c) The State/LEA will maintain and enforce regulations designed to impose adequate
security and accountability measures for controlled property to mitigate the risk of loss or
theft of property. Program participants shall implement controls to ensure property made
available under this agreement is used for official law enforcement use only, The State/LEA
shall take appropriate administrative and/or disciplinary action against individuals that
violate provisions of the Memorandum of Agreement (MCA) between the Federal
Government and the State/U.S. Territory and/or this SPO, including unauthorized use of
property.
d) All property transferred to the State/LEA via the program is on an as -is, where -is basis.
e) LESO reserves the right to recall property issued to a State/LEA at any time.
f) General use of definitions/terms:
i) Demilitarization (DEMIL code) -a code assigned to DoD property that indicates the
degree of required physical destruction, identifies items requiring specialized
capabilities or procedures, and identifies items which do not require DEMIL but may
require Trade Security Controls (TSC). Program participants are not authorized to
conduct physical demilitarization of property.
ii) "Controlled property" -items with a DEMIL code of B, C, D, E, F, G, and Q (with an
Integrity Code of "3". Title and ownership of controlled property remains with the DoD
in perpetuity and will not be relinquished to the State/LEA. When a State/LEA no longer
has a legitimate law enforcement use for controlled property, they shall notify the LESO
and the property will be transferred to another program participating State/LEA (via
standard transfer process) or returned to DLA Disp Svcs for disposition.
iii) "Non -controlled" property" -items with a DEMIL code of A or Q (with an Integrity Code
of "6"). These items are conditionally transferred to the State/LEA and will remain on
State/LEA accountable inventory for one year from the ship date. However, after one
year from the ship date, DLA will relinquish ownership and title for the property to the
State/LEA without issuance of further documentation. During this one year period, the
State/LEA remains responsible for the accountability and physical control of the
property and the LESO retains the right to recall the property. Participants should return
any property in this one year period that becomes excess to their needs or they
otherwise determine is not serviceable.
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(1) The LEA receives title and ownership of DEMIL "A" and "Q6" property as
governmental entities. Title and ownership of this property does not pass from DoD
to any private individual or State/LEA official in their private capacity. Such property
shall be maintained and ultimately disposed of IAW provisions in State and local
laws that govern public property.
(2) Sales/gifting of DEMIL"A" and "Q6" property after one year from the ship date
inconsistent with State/local law may constitute grounds to deny future
participation in the program.
(3) After one year from ship date, DEMIL "A" and "Q6" property may be transferred,
cannibalized for usable parts, sold, donated, or scrapped.
(4) Once the property is no longer on the LEA accountable inventory, the property
is no longer subject to the annual physical inventory requirements and will not be
inventoried during a LESO Program Compliance Review (PCR).
g) All physical transfers of property require LESO approval, Program participants will not
physically transfer property until the LESO approval process is complete. Program
participants may request their SC/SPOC approval to temporarily conditionally loan property
to another program participant (if mission requires). If the SC/SPOC approves the temporary
conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR).
At the end of the temporary conditional loan, the item (s) shall be returned to the original
LEA for accountability. All requests for conditional loans will be based on bona fide law
enforcement requirements.
h) The program may authorize digital signatures on required program documentation.
i) The State/LEA is not required to maintain insurance on controlled property, aircraft or
other property with special handling requirements that remain titled to DoD. However, the
State/LEA will be advised that if they elect to carry insurance and the insured property is on
the program inventory at the time of loss or damage, the recipient will submit a check made
payable to DLA for insurance proceeds received in excess of their actual costs of acquiring
and rehabilitating the property prior to its loss, damage, or destruction.
4) STATE PLAN OF OPERATION The State shall:
a) Assist in training LEAs with enrollment, property requests, transfers, turn -ins, and disposal
procedures.
b) Adhere to the requirements outlined in the MOA between the Federal Government
and the State/U.S. Territory and ensure MOA amendments or modifications are
incorporated into this SPO and program participants are notified and acknowledge
responsibility to comply with changes.
c) Submit a SPO to LESO that shall address procedures for determining LEA eligibility,
allocation, equitable distribution of property, accountability, inventory, training, and
education, State -level internal PCRs, export control requirements, procedures for turn -in,
transfer, and disposal and other responsibilities concerning property.
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d) Enter into written agreement with each LEA, via the LESO-approved SPO, to ensure
program participants acknowledge the terms, conditions, and limitations applicable to
property. This SPO must be signed by the current Chief Law Enforcement Official (CLEO)
(or designee) and the current SC/SPOC.
e) Provide program participants the following information:
i) The LESO Program State POCs:
State Coordinator (SC): Greg Schumaker, 916-845-8710,
greg.schumaker@caloes.ca.gov
State Point of Contact (SPOC): Janice Barnes, 916-845-8699,
. janice.barnes@caloes.ca.gov
State Point of Contact (SPOC): Jenny Beutler, 916-845-8708,
jenny.beutler@caloes.ca.gov
State Point of Contact (SPOC): Jacglynn Fields, 916-845-8668,
jacqlynn.fields@caloes.ca.gov
State Point of Contact (SPOC): Katie Massaglia, 916-845-8732,
katie.massaglia@caloes.ca.gov
ii) SC/SPOC Facility Information:
Physical Mailing Address: 3650 Schriever Avenue, Mather, CA 95655
Hours of Operation: 0700-1600
iii) Funding to administer the LESO Program at the State -level is provided via: State of
California
5) PROPERTY ACCOUNTING SYSTEM The State will maintain access to Federal Excess Property
Management Information.System (FEPMIS) (or current property accounting system), to ensure
LEAs maintain property books, to include, but not limited to, transfers, turn -ins, and disposal
requests from an LEA or to generate these requests at the State -level and forward all approvals
to the LESO for action. The State will:
a) Conduct quarterly reconciliations of State property records.
b) Ensure at least one person per LEA maintains access to the property accounting system.
Users may be "active" or "inactive" in the system, so long as They are registered. Ensure
registered users are employees of the State/LEA.
c) Ensure LEAs receive and account for property in the property accounting system within
30 days.
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6) LESO WEBSITE The State shall access the LESO website for timely and accurate guidance,
information, and links concerning the program and ensure that all relevant information is
passed to the program participants.
7) ANNUAL TRAINING 10 USC § 280 provides that the SECDEF, 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).
Individuals who wish to attend are responsible for funding their own travel expenses. The
briefing will include information on training, technical support, equipment, and facilities that
are available to civilian law enforcement personnel from the DoD. The state shall provide
program participants training material as discussed during the annual LESO training which
includes information on property management best practices to include (but not limited to)
searching for property, accounting for property on inventory, transfer and turn -in of property
when it is no longer needed or serviceable.
8) ENROLLMENT The LESO shall establish and implement program eligibility criteria IAW 10 USC
§ 2576a, DLA Instructions and Manuals and this SPO and retains final approval/disapproval
authority for application packages forwarded by the State. Non -governmental law
enforcement entities such as private railroad police, private security, private academies,
correctional departments, prisons, or security police at private schools/colleges are not
eligible to participate. Fire departments (by definition) are not eligible to participate and
should be referred to the DLA Fire Fighter program administered by USDA. Law enforcement
agencies requesting program participation shall have at least one full-time law enforcement
officer. Program property may only be issued to full-time/part-time law enforcement officers.
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 their primary function is the training of bona fide State/local law enforcement officers.
Law enforcement training facilifles/academies will be reviewed on a case -by -case basis. The
State shall:
a} Validate the authenticity of state/LEAs that are applying for program participation.
Only submit to the LESO those application packages that the SC/SPOC
recommends/certifies are government agencies whose primary function is the
enforcement of applicable federal, State, and local laws and whose compensated
officers have the powers of arrest and apprehension. If the State forwards an unauthorized
participant application package, this may result in a formal suspension of the State.
b) Have sole discretion to disapprove state/LEA application packages in their State. The
SC/SPOC should provide notification to the LESO when application packages are
disapproved at the State -level.
c) Ensure that screeners listed in the application package are employees of the LEA. A
screener may only screen property for two LEAs. Contractors may not conduct screening
on behalf of a LEA.
d) Make recommendation on what constitutes a "full-time" or "part-time" law
enforcement officer.
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e) Ensure LEAs update their account information annually, or as needed. This may require
the LEA to submit an updated application package. An updated application package
shall be submitted for (but is not limited to) the following: a change in CLEO, the addition
or removal of a screener, a change in the LEA physical address or contact information,
etc.
f} Provide the LEA a comprehensive program overview once approved by the LESO for
enrollment. The overview will be done within 90-days of a LEA being approved to
participate.
9) PROPERTY ALLOCATION
a) The LESO shall:
I) Upon receipt of a SC/SPOC validated request for property through the RTD website,
will review and give preference to requisitions indicating that the requested property
will be used in the counter -drug, counter -terrorism, disaster -related emergency
preparedness, or border security activities of the requesting LEA. Program participants
that request vehicles used for disaster -related emergency preparedness, such as high-
water rescue vehicles, should receive the highest preference.
ii) Require additional justification for small arms, aircraft, ammunition, and vehicles
and to the greatest extent possible, ensure fair and equitable distribution of property
based on current LEA inventory and justification for property.
iii) Reserve the right to determine and/or adjust allocation limits, to include the type,
quantity and location of property allocated to the State/LEA. Generally, no more than
one item (per part-time/full-time officer) will be allocated. Quantity exceptions may be
granted by the LESO on a case -by -case basis based on the justification provided by
the LEA. Currently, the following allocation limits apply:
(1) Robots: one (of each type) for every ten officers (full-time/part-time).
(2) High Mobility Multipurpose Wheeled Vehicle (HMMWV)/Up-Armored HMMWV
(UAH): one vehicle for every three officers (full-time/part-time).
(3) Mine Resistant Ambush Protected (MRAP) / Armored Vehicles: two vehicles per
LEA.
(4) Small arms: one (of each type) per officer (full-time/part-time).
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mall Arms Acceptable.
-ver AI ocations
# of ;officers
# by type
1-10
2 or less
11-25
3 or less
26-100
5 or less
101-299
8 or less
300 or more
10 or less
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(a) LESO may authorize over allocations of small arms in preparation for
inevitable scenarios, i.e. training, equipment downtime (damage, routine
maintenance, inspections) or other law enforcement needs. The chart below is
the standard for small arms acceptable over -allocations:
(b) In instances where small arm allocation amounts exceed the "acceptable
•over -allocation" levels, the LESO will coordinate with States to verify accuracy
of the officer count. If small arm allocation is still beyond acceptable levels,
LESO may authorize one of the following: 1) an exception to policy, 2) a
transfer, or 3) a turn -in.
b) The State shall:
i) Assist the LEA in the use of electronic screening of property via the RTD website and
shall access the RTD website a minimum of once daily (Monday -Friday) to review and
process LEA requests for property. Property justifications shall be validated to ensure
they meet the intent of 10 USC § 2576a as suitable for use by agencies in law
enforcement activities. Prior to approving a request or transfer, review the LEAs property
allocation report to prevent over allocation.
ii) Upon receipt of a valid LEA request for property, provide a recommendation to the
LESO on the preference to be given to those requisitions for property that will be used
in counter:drug, counter -terrorism, disaster -related emergency preparedness or border
security activities of the recipient agency. Requests for vehicles used for disaster -related
emergency preparedness, such as high-water rescue vehicles, should receive the
highest preference. The State shall consider the fair and equitable distribution of
property based on current LEA inventory and LEA justifications for property. The State
shall ensure the type and quantity of property being requested by LEAs is reasonable
and justifiable given the number of officers (full-time/part-time) and prior requisitions for
similar items they have received (both controlled and non -controlled property).
Generally, no more than one of any item per officer (full-.time/part-time) will be
allocated.
10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain
of custody (i.e. an acceptable ECR), including a signature of the recipient. Controlled
property requiring an ECR: small arms (including parts and accessories), aircraft, vehicles,
optics, and robots. It is encouraged to utilize ECRs for all controlled property. LEAs may request
cannibalization on aircraft or vehicles. Cannibalization requests shall be submitted to the State
for review. Cannibalization must be approved by the LESO prior to any cannibalization actions.
The cannibalized end item shall be returned to DLA Disp Svcs within the timeframes
determined by the LESO.
a) Aircraft -Aircraft will not be obtained by LEAs for the purpose of sale, lease, loan,
personal use, rent, exchange, barter, transfer, or to secure a loan and shall be reported to
the LESO at the end of their useful life. All aircraft are considered controlled property,
regardless of DEMIL code. Aircraft that are no longer needed or serviceable shall be
reported to the General Services Administration (GSA) for final disposition by the LESO
Program Aircraft Specialist.
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b) Vehicles -Program participants that request vehicles used for disaster -related
emergency preparedness, such as high-water rescue vehicles, should receive the highest
preference. Vehicles will not be obtained by LEAs for the purpose of sale, lease, loan,
personal use, rent, exchange, barter, transfer, or to secure a loan and vehicles that are
considered controlled property will be returned to DLA Disp Svcs at the end of their useful
life. DLA Disp Svcs Field Activity/Site will identify qualifying DEMIL A or Q6 vehicles and may
issue (upon LEA request) a Standard Form (SF) SF-97 to the LEA upon physical transfer of the
vehicle. The LEA may modify the vehicle during the one year conditional transfer period.
c) Ammunition-LESO will support the U.S. Army (USA), in allocating ammunition to program
participants. Ammunition obtained via the program will be for training use only. At the time
of request, the LEA will certify in writing that the ammunition will be used for training
use/purposes only. The USA will issue approved transfers directly to the State/LEA. The
State/LEA is responsible for funding all packing, crating, handling, and shipping costs for
ammunition. The LEA will make reimbursements directly to the USA. Ammunition will not be
obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter,
transfer, or to secure a loan. Ammunition obtained via the program shall not be sold.
Ammunition will be treated as a consumable item and not tracked in any DLA inventory
system or inspected during PCRs. LESO shall track and maintain necessary records of
ammunition that has been transferred to LEAs and will post all requests, approvals, and
denials on the LESO public website.
d)Small arms:
i) Small arms will not be obtained by LEAs for the purpose of sale, lease, loan, personal
use, rent, exchange, barter, transfer, or to secure a loan and shall be returned to DLA
Disp Svcs at the end of their useful life. Cannibalization of small arms is not authorized.
ii) Temporary modifications to small arms are authorized; permanent modifications to
small arms are not authorized (i.e. drilling holes in the lower receiver of a small arm). In
cases of temporary modifications, all parts are to be retained and accounted for in a
secured location under the original serial number for the small arm until final disposition
is determined. If the modified small arm is transferred to another LEA, all parts will
accompany the small arm to the receiving LEA.
iii) Small arms will be issued utilizing an acceptable ECR which obtains certain
information about the property being issued to include (but is not limited to) the
signature of the law enforcement officer who is accepting responsibility for the small
arm(s), the serial number of the small arm, the date in which the law enforcement
officer took possession of the small arm, etc.
iv) Small arms that are not carried on an officer's person or in the officer's immediate
physical vicinity will be secured using "two levels of physical security". Two levels of
physical security meaning two distinct lockable barriers, each specifically designed to
render a small arm inaccessible and unusable to unauthorized persons. Lockable
barriers meeting this description may be either manual or electronic.
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v} Program participants no longer requiring program small arm(s) shall request
authorization to transfer the small arm to another participating LEA or request
authorization to turn-in/return the small arm. Transfers and turn -in requests shall receive
final approval from the LESO; small arms will not physically move until the LESO provides
official notification that the approval process is complete. When turning -in small
arms to Anniston Army Depot, the LEA shall follow LESO turn -in guidance.
vi) Local destruction (DEMIL) of small arms is not authorized.
vii) Lost, Stolen or Destroyed (LSD) small arms:
(1) Program participants with multiple instances of LSD small arms in a five-year
window will be assessed by DLA Disp Svcs to determine if a systemic problem exists
JAW DLAI 4140.11.
(2) DLA OIG investigations may be initiated if small arms are improperly disposed of
or become LSD while in program inventory. The State/LEA may be required to
reimburse DLA the fair market value of the small arms when negligence, willful
misconduct, or a violation of the MOA between the Federal Government and the
State/U.S. Territory and/or this SPO is confirmed at the conclusion of the Financial
liability Investigation of Property Lass (FLIPL).
(a) Reimbursement will be within 60-days of the completion of the FLIPL.
(b) Title will never transfer to the recipient regardless of the status of the small
arm.
(c) Payments due to DLA Disp Svcs, based upon the findings of the FLIPL, may
be paid by one of three methods: i) credit card via pay.gov, 2) cashier/ business
check, or 3) wire transfer.
(3) In instances of LSD small arm recovery, DoD retains title in perpetuity and the
small arm shall be immediately relinquished/surrendered back to the program.
11) PROGRAM COMPLIANCE REVIEWS (PCR)
a) The LESO shall:
i) Conduct PCRs to ensure that the SC/SPOC, and all LEAs within a State are compliant
with the terms and conditions of the program as required by 10 USC § 2576a, the MOA
between the Federal Government and the State/U.S. Territory and/or this SPO and any
DLA Instructions and manuals regarding the program. PCRs are conducted to ensure
property accountability, program compliance, and program eligibility.
ii) Conduct PCRs for participating States every 2 years, providing training to the
State/LEA as needed.
iii) Reserve the right to conduct no notice PCRs, or require an annual review, or similar
inspection, on a more frequent basis for any State/LEA.
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iv) Intend to physically inventory 100% of property selected for review at each LEA
during a PCR. The use of ECRs in lieu of physical inspection is discouraged during PCRs.
Extensive use of the ECR (without prior coordination with LESO) may result in a non-
compliance finding during the PCR.
v) Intend to review as much property as possible during a PCR.
(1) The goal is to review 20% of a State's overall small arms inventory.
(2) The goal for inventory selections (at LEAs selected for review) is 15% of an LEAs
general property to include non -controlled property (DEMIL code A and Q6).
vi) Select LEAs not visited during the last three regularly scheduled PCR cycles (as
applicable).
vii) Recommend corrective actions (which may include suspending a State/LEA from
program participation) for findings of non-compliance identified during a PCR.
(1) The LESO shall issue corrective actions (with suspense dates) to the State, which
will identify what is needed to rectify the identified deficiencies within the State/LEA.
(2) If the State/LEA fails to correct identified deficiencies within the LESO suspense
dates, the LESO may move to restrict, suspend, or terminate the State/LEA from
program participation.
(3) States found non -compliant for a PCR will be suspended for a minimum of 60-
days and will not be reinstated until the State successfully passes a LESO-conducted
PCR
viii) Ensure the State/LEA understand that property shall be transferred to a
participating agency with SC/SPOC and LESO approval or returned to DLA Disp Svcs
when no longer needed or serviceable.
b) The State shall:
i) Assist the LESO as required, prior to, during and upon completion of the PCR.
ii) Assist in the coordination of the PCR daily schedule of events and forward the
schedule to LEAs that have been selected for review.
iii) Contact LEAs that have been selected for the PCR via phone, email or in person to
ensure they are aware of the schedule and are prepared for the PCR.
iv) Receive inventory selections from the LESO and forward them to the selected LEAs.
The State shall ensure the LEA physically gathers the selected property in a central
location (to the greatest extent possible) which will allow the LESO to physically
inventory the property efficiently during the PCR.
v) Coordinate the use of any ECR with the LESO prior to the PCR.
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vi) Ensure LEAs understand property shall be transferred to a participating agency with
SC and LESO approval or returned to DLA Disp Svcs when deemed no longer needed
or serviceable.
vii) Conduct State -level (internal) PCRs of participating LEAs to ensure property
accountability, program compliance and program eligibility utilizing a PCR checklist
provided by the LESO, or equivalent (for uniformity purposes).
(1) Ensure a State -level (internal) PCR of at least 8% of LEAs with program inventory
is completed annually (3% of which will be focused on program participants with no
controlled property). Results of the State -level (internal) PCR will be kept on -file with
the State. Documentation shall be provided to the LESO for each LEA that received
a State -level PCR.
(2) The State -level (internal) PCR will include, at minimum:
(a) A review of the dually -signed SPO, ensuring it is uploaded to the property
accounting system.
(b) A review of the LEA application package to confirm authenticity and eligibility
of the LEA.
(c) An inventory of property selected for review at each LEA.
(d) A review of each selected LEA files for any of the following which may
include turn-in/transfer DD Forrn 1348-1A, ECR, small arm documentation, FLIPL
documents, exception to policy letters, approved cannibalization requests, or
other pertinent documentation as required.
(3) Request that the LESO restrict, suspend or terminate an LEA based on findings
during State -level internal PCR or due to non-compliance with terms of the MOA
between the Federal Government and the State/U.S. Territory and/or this SPO, DLA
Instruction/Manual or any statute or regulation regarding the program.
(4) Notify the LESO and initiate an investigation into any questionable activity or
action involving property issued to a LEA that comes to the attention of the State
and is otherwise within the authority of the Governor/State to investigate. Upon
conclusion of any such investigation, take appropriate action and/or make
appropriate recommendations on restriction, suspension, or termination of the
State/LEA to the LESO. The SC may suspend or terminate a State/LEA participation
in the program at any time for non-compliance.
12) ANNUAL PHYSICAL INVENTORY Each State/LEA is required to conduct an annual physical
inventory of all property on the active property book and provide certification in the property
accounting system. DEMIL "A" and "Q6" property records will not be closed during the annual
physical inventory period. In the State of California, the annual physical inventory and
certification in the property accounting system process starts on July 1st and must be
completed by September 30th each year. Each LEA shall complete their Annual Physical
Inventory no later than August 31s° each year. Our office will then complete the LESO Federal
requirement by certifying the State No later than September 301h.
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The State shall:
a) Provide training to LEAs to properly conduct the annual physical inventory and
complete the certification of property in the property accounting system.
b) Ensure an approved and current SPO is uploaded in the property accounting system
for each LEA.
c) Validate the annual physical inventory certifications submitted by LEAs.
d) Adhere to annual physical inventory certification requirements as identified by the
LESO. Physical inventories and certification statements will be maintained on file IAW the
DLA records schedule.
e) Annually certify property is utilized and is within allocation limits IAW the MOA between
the Federal Government and the State/U.S. Territory and this SPO .
f) Recommend suspension of program participants who fail to complete or submit the
certified annual physical inventory.
13) REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any property identified as LSD on
a LEA current inventory, shall be reported to the State/LESO. A FLIPL (aka the DD Form 200)
shall be submitted to the State/LESO 'for LSD property. Program participants agree to
cooperate with investigations into LSD property by any federal, state, or local investigative
body and, when requested, assist with recovery of LSD property.
a) LSD controlled property shall be reported to the State/LESO within 24-hours. Program
participants may be required to provide their SC/SPOC additional documentation which
may include (but is not limited to):
1) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the
Civilian Governing Body (CGB) over the LEA involved, to include: Title, Name, Email, and
mailing address.
b) LSD property with a DEMIL code of "A" and "Q6" shall be reported to the State/LESO
within 7-days.
14) RESTRICTION, SUSPENSION OR TERMINATION Program participants are required to abide by
the terms and conditions of the MOA between the Federal Government and the State/U.S.
Territory and this SPO in order to maintain active program participation status. If a State/LEA
fails to comply with any term or condition of the MCA, SPO, DLA Instruction or Manual, federal
statute or regulation, the State/LEA may be suspended, terminated, or placed on restricted
status. Restriction, suspension, or termination notifications will be in writing and will identify
remedial measures required for reinstatement (if applicable). Suspension -A specified period in
which an entire State/LEA is prohibited from requesting or receiving additional property
through the program. Additional requirements may be implemented, to include the State/LEA
requirement to return specifically identified controlled property. Suspensions will be for a
minimum of 60-days. Termination -The removal of a State/LEA from program participation. The
terminated State/LEA shall transfer or turn -in all controlled property previously received
through the program at the expense of the State/LEA involved. Restricted Status -A specified
period in which a State/LEA is restricted from receiving an item or commodity due to isolated
issues with the identified item or commodity. Restricted status may also include restricting a
State/LEA from all controlled property.
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a) State termination -The SC/SPOC will coordinate with LESO to identify a realistic
timeframe to complete the transfer or turn -in of all property. The LESO retains final authority
to determine timeframe requirements.
b) LEA termination -The SC/SPOC will coordinate with LESO to identify a realistic timeframe
to complete the transfer or turn -in of all property. The LESO retains final authority to
determine timeframe requirements.
c) In the event of a termination, the State/LEA will make every attempt to transfer the
property of the terminated State/LEA to an authorized State/LEA, as applicable, prior to
requesting a turn -in of the property to DLA Disp Svcs. In cases that require a repossession or
turn -in of property, the State/LEA will bear all expenses related to the repossession, turn -in
or transfer of property to DLA Disp Svcs.
d) The State shall:
i) Suspend LEAs for a minimum of 60-days in all situations relating to the suspected or ,
actual abuse of property or requirements and/or repeated non-compliance related to
the terms and conditions of this SPO. Suspension may lead to termination. The State shall
also issue corrective action guidance to the LEA with suspense dates to rectify issues
and/or discrepancies that caused the restriction, suspension, or termination. The State
shall require the LEA to submit results on completed police investigations and/or reports
on LSD property to include the ,LEA CAP. The LESO retains final discretion on
reinstatement requests. Reinstatement to full participation from a restriction, suspension
or termination is not automatic.
ii) Initiate corrective action to rectify suspensions or terminations of the LEA for non-
compliance to the terms and conditions of the program. The State shall also make
contact (until resolved) with suspended LEAs to ensure corrective actions are rectified
within required timeframes provided by the LESO.
iii) Require the LEA to complete and submit results on completed police investigations
or reports regarding LSD property. The State will submit all documentation to LESO upon
receipt.
iv) Provide documentation to LESO when actionable items are rectified for the
State/LEA.
v) Request that the LESO suspend or terminate an LEA based upon their findings during
State -level internal PCR or due to non-compliance with any term of this SPO, DLA
Instruction/Manual or any statute or regulation regarding the program.
vi) Notify the LESO and initiate an investigation into any questionable activity or action
involving property issued to an LEA that comes to the attention of the State and is
otherwise within the authority of the Governor/State to investigate. Upon conclusion of
any such investigation, take appropriate action and/or make appropriate
recommendations on restriction, suspension, or termination of the LEA to the LESO. The
SC may revoke or terminate concurrence for LEA participation in the program at any
time.
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vii). Providewritten request to the LESO for reinstatement of an LEA for full participation
status at the conclusion of a restriction or suspension period. Written verification shall be
provided that the SC/SPOC has validated the LEA CAP.
15) RECORDS MANAGEMENT The LESO, SC/SPOC, and LEAs participating in the program will
maintain program records lAW the DLA records schedule. Records for property acquired
through the program have retention controls based on the DEMIL code. Property records will
be filed, retained, and destroyed IAW DLA records schedule. Records may include, but are
not limited to: DD Form 1348-1 A for transfers, turn -ins, requisitions, Bureau of Alcohol, Tobacco,
Firearms and Explosives (BATFE) Forms 5 and 10.
16) TRADE SECURITY CONTROL (TSC) and COMPLIANCE WITH EXPORT CONTROL REGULATIONS
Items transferred to program participants, including DEMIL A and Q (with an Integrity Code of
6) property, may be subject to export control restrictions. Program participants shall comply
with U.S. export control laws and regulations if they contemplate further transfers of any
property. Once title transfers, LEAs should consult with the Department of State (DoS) and
Department of Commerce (DoC) export control regulators about the type of export controls
that may apply to items, regardless of DEMIL code. Program participants may request a formal
Commodity Classification from the DoC, Bureau of Industry and Security (BIS), or submit a
general correspondence request to the DoS, Directorate of Defense Trade Controls.
Information on managing exports of CCL items can be found at the U.S., DoC Bureau of
Industry and Security website. Program participants shall notify all subsequent purchasers or
transferees, in writing, of their responsibility to comply with U.S. export control laws and
regulations.
17) NOTICES Any notices, communications, or correspondence related to this SPO shall be
provided by email, the U.S. Postal Service (LISPS), 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 the MOA between the Federal Government and the
State/U.S. Territory and/or this SPO. Notice of these changes will be provided to the State in
writing. Unless the State takes immediate action to terminate the MOA between the Federal
Government and the State/U.S. Territory and/or this SPO, such modifications or amendments
will become binding. In such cases, reasonable opportunity will (insofar as practicable) be
afforded the State/LEA to conform to changes affecting their operations.
18) ANTI -DISCRIMINATION By signing or accepting property, the State/LEA pledges
agreement to comply with provisions of the national policies prohibiting discrimination: 1) On
the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d
et seq.) as implemented by DoD regulations 32 CR Part 195, 2)On the basis of age, in the Age
Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and
Human Services regulations in 45 CFR Part 90 and 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
(DoJ) regulations in 28 CFR Part 41 and DoD regulations at 32 CFR Part 56. These elements are
the minimum essential ingredients for establishment of a satisfactory business agreement
between the State and the DoD.
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19) INDEMNIFICATION CLAUSE 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 program. Self-insurance by the State/LEA is considered acceptable.
The USG assumes no liability for damages or injuries to any person(s) or property arising from
the use of property issued under the program. It is recognized that State and local law
generally limit or preclude the State/LEA 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 USG 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 USG
control.
20) TERMINATION This SPO may be terminated by either party, provided the other party
receives a thirty (30) day notice (in writing) or as otherwise stipulated by Public Law. The
undersigned SC 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.
21) AGREEMENT OF PARTIES The parties below agree to enter this agreement as of the last
date below:
Chief Law Enforcement Official (CLEO) (or designee):
Christopher Catren
Title (Print)
: Chief of Police
Full Name (Print):
Christopher
Signature (Sign):
Catren
Date (MM/DD/YYYY): /t.
For State Point of Contact
State Coordinator (SC) or State Point of Contact (SPOC), State of California
Full Name (Print):
Signature (Sign):
Date (MM/DD/YYYY):
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