HomeMy WebLinkAbout2016-08-02-State Plan of OperationI. PURPOSE
STATE PLAN OF OPERATIONS
BETIVEEN THE STATE OF
WASHINGTON
AND THE
Kittitas County Sbeloifrs Office
This State Plan of Operation (SPO) is entered into between the State of Washington and the
Kitfitus Couutv Sheriff's Office, to set fOlih the terms and conditions which will be binding
on the pal1ies with respect to excess Department of Defense (DOD) personal property
transferred pursuant to 10 USC § 2576a in order to promote the efficient and expeditious
transfer of property and to ensure accountability of the same.
n. AUTHORITV
The Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law
EnforcemelJt Agencies, personal property that is excess to the needs of the DOD and that the
Secretary determines is suitable to be'used by such agencies in law enforcement activities, with
preferences for counter-dl1lg I counter-terrorism or border security activities, under such terms
prescribed by the Secretary. The authorities granted to the Secretary of Defense have been
delegated to. the Defense Logistics Agency (DLA) in detemlining whether propelty is suitable
for lise by agencies in Law Enforcement Activities (LEAs). DLA defines law enforcement
activities as activities performed by governmental agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated law
enforcement officers have powers of arrest and apprehension. This program is also known as
the" I 033 Program" 0.1' the "LESO Program" and is administered by DLA Disposition
Services, Law Entorcement Support Office (LESO).
Ill. GENERAL TERMS AND CONDITIONS
A. OPERATIONAL AUTHORITY
The Govcmor of the State ofW'Qsili.ngton has designated in writing with an effective date of
1-16-14 to implement this program statewide as well as conduct management and oversight' of this
program. Funding / Budgeting to administer this program is provided by Dt!partment of
Enterprise Services.
Version May, 2016
The provided funding is used to support assistance to the LEAs with customer service to include
computer i telephone assistance and physical visits to the LEAs to assist with acquiring access to
the LESO Program. The staffing to provide the support to the LEAs within the State of
W It hingtoll is as follows:
State Coordinator (SC): David Daker
State Point of Contact (SPOC): Dale Richardson
State Point of Contact (SPOC): Stacy Eaves
State Point of Contact (SPOC):~ ________ _
The f()llowing is the facility / physical location and business hours to provide customer service to
those LEAs currently enrolled, as well as interested patticipants of the LESO Program:
Agency Address / Location: 7511 New Mar),ct St W, Olympia, W 98504
EMAIL / Contact Phone Numbers: Davidbaker@dcs.wa.gov ,360-407-1925
Fax Number: None
How·s of Operation: .Mouday-Friday, 8:00-5:00.
B. The DLA LESO has final authority to determine the type, quantity, and location of excess
DOD personal propelty suitable for law enforcement activities, if any, which will be tiansfened to
the Kittita County Sheriff's Office.
c. This agreement creates no entitlement to the LEA to receive excess DOD personal property.
D. The Kittitas County Shcrit"Ps Office understands that property made available under this
agreement is for the use of authorized program pa11icipants only. Property may not be obtained
for alLy individual, organization, or agency that has not been approved as a participant in the
LESO Pro gram . All requests tor property must be based on bona fide · law enforcement
requirements. Property will not be obtained by any authorized participant for the purpose of sale,
lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan.
E. Controlled property (equipment) includes any property that has a demilita.rization (DEMIL)
Code ofB, C, 0, F, G, and Q; and propel1y, regardless of demilitarization code, that was
specifically identitied in the Law Enforcement Equipment Working Group Rep0l1 from
May 2015, created pursuant to Executive Order 13688 (EO). The Working Group Report
mandates that Ule toHowing items be treated as controlled property:
1) Manned Aircraft, fixed or rotary wing
2) Unmanned Aerial Vehicles
3) Wheeled Armored Vehicles
4) Wheeled Tactical Vehicles
5) Command and Control Vehicles
2
Version May, 2016
. !
6) Specialized Firearms and Ammunition Under .50 Cal (excluded fireanns and
ammunition for service-issued weapons)
7) Explosives and Pyrotechnics
8) Breaching apparatus
9) Riot Batons
lO) R iot Helmets
1 L) Riot Shields
F. LEAs that request items in Paragraph E above must provide all required inJ:onnation outlined
in the Law Enforcement Eqllipment Working Group Report and all information on the LESO
request fonn. Among other specific requirements identified in these documents, LEAs will be
l~eqlliJ'ed to certify and submit:
I) A detailed \vritten justification with a clear and persuasive explanation of the need
for the property and the law enforcement purposes it will serve;
2) Evidence of approval or conCUlTence by the LEA's civilian governing body (city
council, mayor, etc.);
3) The LEA's policies and protocols on deployment of this type ofpropel1y;
4) Certifications on required training for use of this type of property; and
5) Intonnation on whether the LEA has applied, or has pending an application, for
this type of pl'0perty from another Federal agency.
G. The Kitti tas C ounty S heriff's Office mllst maintain· and enforce regulations designed to
impose adequate security measures for controlled propet1y to mitigate the risk ofloss or theft.
H. Under no circumstances will controlled property be sold or otherwise transferred to non-U.S.
persons, ot' expOited. All transfers must be approved by the State and DLA Disposition Services
LESO.
1. Cannibalization requests for controlled property must be submitted in writing to the State,
with final approval by the LESO . The LESO will consider cannibalization requests on a case-
by-case basis.
J. The LESO conditionally transfers all excess DOD property 10 States / LEAs enrolled in the
LESO Program. Title or ownership of controlled propetty will remain with the LESO in
perpetuity and will not be relinquished to the LEAs. W11en the LEA no longer has legitimate
law enforcement uses for controlled property, the LEA must notify the State, who will then notiiy
the LESO, and the controlled property must eitl1er be transferred to another enrolled LEA (via
standard transfer process) or returned to DLA Disposition Services for disposal. The LESO
reserves the right to recall controlled and non-controlled property issued through the LESO
Program at any time.
K. Property with a DEMIL Code of "A" is also conditionally transferred to the LEA. However ,
3
Version May, 2016
after one year from the Ship Date, the LESO will relinquish ownership and title to the LEA. Prior
to this date, the State and LEA remains responsible for the accountability and physical control of
the itcm(s) and the LESO retains the light to recall the property. Title will not be relinquished to
any propetty with DEMIt Code of "A" that is controlled propelty identified in Paragraph III E.
1) Propclt)' with DEMIL Code of "A" will automatically be placed in an archived
status on the LEAs property book upon meeting the one year mark.
2) Once archived, the property is no longer subject to annual inventory
requirements and will not be inventoried during a LESO Program Compliance
Review (peR).
3) Ownership and title of DE MIL "A" items that have been archived will pass
automatically fi:om the LESO to the LEA when they are archived at the one year
mark (from Ship Date) without issuance of any further documentation.
4) LEAs receive title and ownership of DEMIL "A" items as governmental entities.
Title and ownership of DEMIL "A" property does not pass from DOD to any
private individual or LEA official in their private capacity. Accordingly, such
propel1y should be maintained and ultimately disposed of in accordance with
provisions in State and local law that govern public propelty. Sales or gifting of
DEMIL "A" propelty after the one year mark in a manner inconsistent with State
or local law may cOlistitute grounds to deny future pruticipation in the LESO
Progrrun.
L. The LEAs are not authorized to transfer controlled property or DEMIL Code "A" property
carried on their inventory without LESO notification and approval. Property will not physically
move until the State and LESO approval process is compiete.
IV. ENROLLMENT
A. An LEA must have at least one full-time law enforcement officer in order to enroll and/or
receive property via the LESO Pro grant. Oniy full-time and part-time law enforcement officers
are authorized to receive property. Reserve officers are not authorized to receive property.
B. The State shall:
I) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA MOA the State signs.
2) Receive and process applications for participation from LEAs cULTently
enrolled and those LEAs that wish to pa11icipate in the LESO Program.
3) Receive and recommend approval or disapprove LEA applications for
participation in the LESO Program. The State Coordinators have sole discretion
to disapprove LEA applications 011 behalf of the Governor of their State. The
LESO should be notified of any applications disapproved at the State Coordinator
4
Version May, 2016
level. The State Coordimitor will only forward and recommend certified LEAs to
the LESO that are government agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated
otlicers have the powers of arrest and apprehension. The LESO retains final
approval! disapproval authority tor all LEA applications forwarded by State
Coordinators. .
4) Ensure LEAs enrolled in the LESO Program update the LEAs account information
annually (accomplished during the FY Annual [nventory in the Federal Excess
Property Management Infonnation System [FEPMISJ).
5) Provide a comprehensive overview of the LESO Program to all LEAs once they
are approved for enrollment. This comprehensive overview must be done within
thirty (30) days and include, verbatim, the information contained In
Paragraph In E of this SPO.
6) Ensure that screeners of property are employees of the LEA. Contractors may
not conduct screening on behalf of the LEA.
7) Ensure that at least one person per LEA maintains access to the FEPMlS .
Account holders must be employees of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the D LA Instructions and Manuals and the D LA MOA, each State and participating LEA
within is required to conduct an annual inventory certification of controlled propelty, which
includes DEMIL "A" for one (1) year from Ship Date. Annual inventories start on October 1 of
e<lch year and end Jaliuary 31 of each year.
B. The State shall:
L) Receive, validate, and reconcile incoming certified inventories from the LEAs.
2) Ensure LEAs provide serial numbers and photos identified during the annual
inventory process for inclusion in the LESO property accounting system for all
controlled property identified in Paragraph III E, small arms and other unique
items a~ required. For equipment that does not contain a serial number, sllch as riot
control or breaching equipment, a photograph will suffice.
3) Suspend the LEA as a result of the LEAs tailure to properly conduct and/or certify
and submit ce11ified inventories, according to the atorementioned requirements.
C. The LEA shall :
1) Complete the annual physical inventory as required.
2) Provide serial numbers and photos identified in the annual inventory process fc)r
inclusion in the LESO property accounting system for all controlled property
5
Version May, 2016
identified in Paragraph lIT E, small arms and other unique items, as required . For
equipment that does not contain selial Humber, such as riot control or breaching
equipment, a photograph will suffice.
3) Certify the accountability of all controlled property received through the LESO
Program annually by conducting and celiifying the physical inventory. The LEA
must adhere to additional annual certification requirements as identitied by the LESO.
a. The State and the LESO requires each LEA to submit certified inventories
for their Agency by January 31 of each year. The Fiscal Year (FY) is
defiiled as October 1 through September 30 of each year. This gives the
LEA four (4) months to physically inventory LESO Program property in
their possession and submit their certified inventories to the State
Coordinators.
(1) The LESO requires a fi'ont or side and data plate photo for
Aircraft and Tactical Vehicles that are serial number controlled,
received through the LESO Program.
(2) The LESO requires serial number photos for each small an11
received through the LESO Program.
b. The LEAs failure to submit the certified annual inventory by January 31 may
result in the agency being suspended from operations within the LESO
Program. FW1her failure to submit the certified alIDual inventory may result
in a LEA tenninatioll.
.
4) Be aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small
Arms) and High Awareness (controlled) property are subject to additional controls.
VI. PROGRAM COMPLIANCE REVmWS
A. The LESO conducts a Program Compliance Review (PCR) for each State that is enrolled in
the LESe) Program every two (2) years. The LESO reserves the right to require an annual PCR,
or similar inspection on a more frequent basis for any State. The LESO PCRs are performed in
order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the
terms and conditiOlls of the LESO Program as required by 10 USC § 2576a, DLA Instructions and
Manuals, and the DLA MOA signed by the State.
1) If a State and/or LEA fails a peR, the LESO will immediately suspend their
operations and will subsequently issue corrective actions (with suspense dates)
to the State Coordinator, which will identify what is needed to rectify the
identified deficiencies within the State and/or LEA.
2) [f a State and/or LEA fails to correct identified deficiencies by the given suspense
dates, the LESO will move to tenninate the LESO Program operations within the
State and/or LEA.
6
Vel's;on May, 2()16
B . The State shall:
J) Support the LESO PCR process by:
a. Contacting LEAs selected for the PCR review via phone and/or email to
ensure they are aware of the PCR scbedule and prepared for review .
b. Receiving illventory selection from the LESO. The LEA POCs shall gather
the selected items in a centr;tlized location to ensure that the LESO can
efficientl y inventory the items.
c. Providing additional assistance to the LESO as rt!quired, prior to and during
the COllrse of the PCR.
2) Conduct internal Program Compliance Reviews of LEAs participating in the LESO
Program in order to ensure accountability, program compliance and validate annual
inventory submissions are accl.Ifate. The State Coordinator must ensure an internal
peR of at least 5% of LEAs that have a property book from the LESO Program
within his I her State is completed annually. This may result in a random review of
all or selected property at the LEA.
u. The internal peR wil1 inc.lude, at minimum:
(I) A review of each selected LEAs LESO Program files.
(2) A review of the signed State Plan of Operation (SPO).
(3) A review of the LEA application and screener's letter.
(4) A physical inventory of the LESO Program property at each
selected LEA.
(5) A specific review of each selected LEAs files for the following:
DD Form 1348-1 A for each item L'1.lrrently on inventory, small anns
documentation, transfer documents, tum-in documents, inventory
adj ustment documents, exception to policy letters (if any), approved
cannibalization requests (if any), and other pertinent documentation as
required.
b. The State and/or LEA will bear all expenses related to the repossession
and/or turn-in ofLESO Program property to the nearest DLA Disposition
Services site.
7
Versiol1 May. 20J6
VII. Sl"ATE PLAN OF OPERATION (SI)O)
A. The State shall:
1) Identify, establish, and issue minimum criteria to be included in the SPO for the
State and each prutidpating 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 beljeves
is sufficient to manage the LESO Program within their State.
b. The SPO mllst 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
disposa1.
2) Enter into written agreement with each LEA, via the LESO approved State Plan of
Operation, to ensure the LEA fully acknowledges the terms, conditions, and
limitations applicable to property transferred pursuant to this agreement. The State
Plan of Operation must be signed by the Chief Law Entorcement Ofticial (CLEO),
or assigned designee ofthe respective LEA, and the cmrent State Coordinator.
3) Request that the LESO Suspend or Terminate an LEA(s) from the LESO Program
when an LEA fails to comply with any term ofDLA MOA, the DLA Instruction
and Manuals, any Federal statute or regulation, or the State Plan of Operation.
VIII. 'REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAM ACED
OR DESTROYED LESO PROGRAM PROPERTY
A. All property Lost, Missing, Stolen, (LMS) damaged, or destroyed carried on a LEA's
current inventory rimst be reported to the LESO.
1) Controlled property must be reported to the State and the LESO within twenty-four
(24) hours. The aforementioned property may require a police and National Crime
Intonnation Center (NCIC) report submitted to the LESO, to include DEMIL "A"
items that are considered controlled items in Paragraph III E.
2) Property with a DEMIL Code ofUA" must be reported to the State and the
LESO within seven (7) days.
3) All repOlts are subject to review by the DLA Office, of the lnspector General (OIG).
8
Version A,Juy, 2016
B. LESO may grant extensions to the reporting requirements listed above on a case-by-case
basis.
IX. AIRCRAFT AND SLVlALL ARMS .
A . All aircraft are considered controlled property, regardless of DE MIL Code. Ain .. .nft may
not be sold and musl' be returned to the LESO at the end of their useful life. This State Plan of
Operation ensures that all LEAs and all subsequent users are aware of and agree to provide all
reqllired controls and documentation in accordance with applicable laws and regulations for
these items.
B. LEAs no longer requiring small anns issued through the LESO Program must request
authorization to transfer or tum-in small anns. Trnnsfers and turn-ins must be forwarded and
endorsed by the State Coordinator's office first, and then approved by the LESO. Small Arms
wi 11 not p\1ysicall y transfer until the approval process is complete.
C. Small Arms that are issued must have a documented chain of custody, with the chain of
custody including a signature of the receiving officer indicating that he / she has received the
appropriate small annes) with the correct, specitic serial number(s). Small Anns that are issued
to an officer will be issued utilizing an Equipment Custody Receipt (ECR); this Custody Receipt
obtains the signature of the officer responsible for the small arm.
x. RECORDS MANAGEMENT
The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records
in accordance with the DLA Records Schedule. Records for property acquired through the LESO
Program have retention controls based on the prOpet1y's DEMIL Code. All documents
concerning a property record must be retained.
1) Property records tor items with DEMIL Code of "A" must be retained for two (2)
calendar years from ship date, and then may be destroyed.
-, 2) Propelty records for controlled property must be retained for five (5) calendar years
or for the life span of the property, whichever is longer.
3) Environmental Propeliy records must be retained for fi'/ly (50) years, regardless of
OEMILCodc (Chemicals, Batteries, Hazardous Material/Hazardous Waste).
4) LESO Program files mllst be se!,'fegated from al1 other records.
5) All property records mllst be filed,.retained, and destroyed in accordance with OLA
Records Schedule. These records include, but are not limited to, the following:
DO Form 1348-1A, requests for transfer, turn-in, or disposal , approved Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application
CAC 8050-1) and any other pertinent documentation and/or records associated with
the LESO Program.
9
Version May, 20{6
XI. LESO PROGRAM ANNVALTRAINING
A. 10 USC § 380 provides that the Secretary of Detense, in cooperation with the U.S. Attorney
General, shall conduct an annual briefing oflaw enforcement personnel of enc:h state. The briefing
will include intonnation on training, technical support, equipment, and facilities that are available
to civilian law enforcement personnel from the Depru1ment of Defense.
B. The State shall organize and conduct training pel1aining to infonnation, 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 the LESO conducts.
XII. PROPERTY ALLOCATION
A. The State Shall:
1) Provide the LESO website that will afford timely and ac("'Urate guidance,
information, and links for all LEAs who work, or have an interest in, the LESO
Program.
2) Upon receipt of a valid State I LEA request for property through the DLA
Disposition Services RTD website, a preference will be given to those applications
indicating that the transfen'ed property will be used in the counter-drug, counter-
terrorism, or border security activities of the recipient agency. Additionally. to the
greatest e~tent possible, the State will ensure fair and equitable distribution of
property based 011 current LEAs inventory and justification for property.
3) The State and the LESO reserve the right to determine and/or adjust allocation limits.
Generally, no more than one of any item per officer will be allocated to an LEA.
Quantity exceptions may be granted on a case-by-case basis by th.e LESO.
Currently, the following quantity limits apply:
a. Small Arms: one (l) type for each qualitied officer, full-tinie / part-time;
h. HMMWVs: one (1) vehicle for every three (3) officers;
c. MRAPs: one (1) vehicle per LEA.
4) The State and the .LESO reserve tinal authority on determining the approval and/or
disapproval for requests of specific types and quantities of excess DOD propel1y.
B. The LEA shall:
1) Ensure an appropriate justification is submitted when requesting excess DOD
property via the LESO Program and will ensure LESO Program 'propeL1y will be
used for the law enforcement activity and for law enforcement purposes only within
his / her State and agency.
2) When requesting propeL1y, provide ajustification to the State and the LESO on how
10
Version May, 2016
.,
the requests for property will be used in counter-drug, counter-terrorism, or border
security activities of the recipient agency. Additionally, the LEA ~hould be fair and
equitable when making requisitions based on current LEA inventory and the
justification fix property. Generally, no more than one of any item per officer wil1
be allocated.
3) Ensure screeners of property are employees of the LEA. Contractors may not
conduct screening on behalf of the LEA,
4) Obtain access to FEPMIS to ensure the property book is property maintained, to
include but not limited to transfers, tum-ins, and disposal requests and to generate
these requests at the LEA level and forward all approvals to the State for action.
5) Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account
holders must be employees of the LEA .
XIII. PROGRAM SUSPENSION & TERMINATION
A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in
order to mainlain active status.
B. The State shall:
I) Suspend LEAs for a minimum of sixty (60) days in all situations relating to the
suspected or actual abuse of LESO Program property or requirements andlor
repeated failure to meet the terms and conditions of the DLA MOA. Suspension
may lead to TERMINATION.
2) The State and/or the LESO have tinal discretion on reinstatement requests.
Reinstatement to full participation from a suspension andlor termination is not
automatic,
3) In coordination with the LESO, issue corrective action guidance to the LEA with
suspense dates to rectify issues andlor discrepancies that caused suspension and/or
termination.
4) Require the LEA to submit results regarding all completed police investigations
and/or rep0l1s regarding lost, missing, stolen and/or damaged LESO Program
property, to include the LEAs Corrective Action Plan (CAP).
5) Suspend or tenninate an LEA from the LESO Program if an LEA fails to comply
with any tenn of the DLA MOA, the DLA Instruction and Manuals, any Federal
statute or regulation, or the State Plan of Operation,
a . In the event of an LEA termination, the State Coordinator will make every
attempt to transfer the LESO Program property of the terminated LEA to an
authorized State or LEA, as applicable, prior to requesting a tum-in of the
propel1y to the nearest DLA Disposition Services location.
II
Version May, 2016
"
b. bl cases relating to an LEA tennination, the LEA will have ninety (90) days
to complete tbl:: transfer or turn-in of alI LESO Program property in their
posseSSlOll.
C. The LEA shall:
1) Notify the State Coordinator's office and initiate an investigation into any
questionable activity or actions involving LESO property issued to the LEA that
comes to the attention of the CLEO, and is othelwise within the authority of the
Governor I State to investigate. LEAs must understand that the State Coordinators,
acting on behalf of their Governor, may revoke or terminate their concurrence for
LEA pal1icipation 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
Stale, based upun their findings during internal Program Compliance Reviews andlor
spot checks at the State level.
3) Initiate corrective action to rectify suspensions and/or tenninations placed upon the
LEA for failure to meet the terms and conditions of the LESO Program.
4) Be required to complete and submit results regarding all completed police
investigations and/or reports regarding lost, missing, stolen and/or damaged LESO
Program property. The LEA must submit all documentation to the State and the
LESO upon receipt:
5) Provide documentation to the State and the LESO when actionable items are
rectified for the State and lor LEA(s).
6) The LEAs Chief Law Enforcement Official must request reinstatement as required,
via the State Coordinator or SPOC(s), to full participation status at the conclusion of
a suspension period.
XIV. COSTS & FEES
All costs associated with the transportation, tum-in, transfer, repair, maintenance, insurance,
disposal, repossession or other expenses related to property obtained through the LESO Program
is the sole responsibility of the State andlor LEA.
XV. NOTICES
Any notices, communications, or correspondence related to this agreement shall be provided by E-
mail, the United States Postal Service, express service, or facsimile to the State Coordinators office
or cognizant DLA office. The LESO may, from time to time, make unilateral modifications or
amendments to the provisions ofthis SPO. Notice of these changes will be provided to State
Coordinators in writing. Unless State Coordinators take immediate action to tenninate this SPO
in accordance with Section XVIII, such modifications or amendments will become binding. [n
such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator
12
Version May, 2016
to conform changes affecting their operations .
XVI. ANTI-DISCRItVIINATION
A. By signing this sPa, or accepting excess DOD personal property under this sPa, the State
pledges that it and each LEA af:,l1'ees to comply with applicable provisions ofthe following
national policies prohibiting discrimination:
1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of
1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Patt 195.
2) On the basis of age, in the Age Discrimination Act of 1975 (4.2 USC 6101, et seq) as
implemented by Department of Health and Human Services reh'1.dations in 45 eFR
Pent 90.
3) On the basis of handicap, in Section 504 ofthe Rehabilitation Act of 1973, P.L. 93-
112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29
USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41
and DOD regulations at 32 CFR Part 56.
8. These elements are considered the minimum essential ingredients for establishment of a
saris factory business agreement between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
The Stale I LEA is required to maintain adequate insurance to cover damages or injuries to
persons or property relating to the use of property issued under the LESO program. Self~insurance
by the State / LEA is considered acceptable. The U.S. Govehlment assumes no liability for
damages or injuries to any person(s) or property arising from the use of property issued under the
LESO pro!,'J.·am. It is recognized that State and local law generally limit or preclude State
Coordinators! LEAs ti'om agreeing to open-ended indemnity provisions. However, to the extent
penuitted by State and local laws, the State f LEA shall indemnify and hold the U.S. Government
hannleS$ 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 ot: or
damage to pl'Operty and injuries, illness or disabilities to, or death of any and aU persons
whatsoever, including members of the general public, or to the property of any legal or political
entity including state,S, local and interstate bodies, in any manner caused by or contributed to by
the State f 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 atter the propelty has been removed from U.S. Government control.
XVIII. TERMINATION
A. This SPO may be tenninated by either party, provided the other party receives thirty (30) days'
notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator and CLEO hereby agree to 'comply with all provisions set
forth herein and acknowledge that any violation of the terms and conditions ofthi3 SPO may be
13
Version IHay, 2016
l.
grounds tor immediate termination and possible legal consequences, to 'jnclude pursuit of criminal
prosecution if so warranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last
date written below.
G e r) e::.. ~ tlvto"') k'11Tl:r..t~ (0 ... (Y ty 1) fiB-II Pi'-
Type / Print Chie{Law Enforcement Official Name
cial Signature
Type / Print State Coordinator Name
State Coordinator Signatw-e
14
67 /l, (~/ ~z.,(J (-b
Date (JvIMIDDIYYYY)
6~ I cJ'Z-'Ui (;
Date (MIYf/D IYYYY)
Versioll May. 2(}16