HomeMy WebLinkAboutSPOflf'ftr{Jt/fi[,
By Deborck Smr?h af g;4O pm, Ffray 11, itz
State PIan of Operation (SpO) between:
The State of Washington and the
(Steteltln ite d S tates Te r rtto ry)
Kittifas rntv Offina
Lm,E nforc em e nt Ag en q (LEA,
r) PuRPosE This State Plan of operafion (SPo) is entered into between rhe State/United States (J.S.) Tenitoryand Law Enforcement Agency (as identified above), to set forth the terms and conditious which will be b;di";on the parties with respect to Deparfrnent of Defense (DoD) excess personal properfy conditionally tansferredpursuant to 10 UsC $ 2575a, in order to pronaote the efficient, e*plditiorrs tansrer"orproperty and to ensureaccountability of the same.
2) AIJ"TEORITY The Secreary of Defense (SECDEF) is authorized by 10 UsC g 2576ato transfer to Federaland State Law Enforce'lnent Agencies (LEAs), personal property that is excess to thi needs ofthe DoD, i"J"aiogsmall arms and ammunition' that the Sec,retary determines is suitable to be used by such agencies in lawenforcement activities, with preferenc"r fo_t coutrter-dmg/couoter-terrorism, disalster-rel"tJd
"merg"o"ypreparedness or border security activities, under such tenns-prescribed by the S.;;;trqy- The SECDEF hasdelegated progr€m mTagei_ent authority to the DLA. rhe nia Disp Svcs LESo ud-ioirt"r, the progr"m inaccordance with (IA!v) 10 usc $ 2576a, l0 usc $ 280, DoDM 4rcA.T and DLAI4140.11. The DLA defines"law enforcement activities"_as activities performed by governnental agencies wnosi primary function is theenforcement of applicable federa! State, and local lawi and *hose compensated law eniorcement officers havepowers of arrest and apprehension.
3) GEIYERAL TERMS AIYD COIilIITIONS _"DoD excess persoual property" also loown as ..items,,,
"equipmenf', "progran prop€,rt5r", or "prope{/'. "DLA Disposition Services l,aw Enforcement Support Office';also known as "1033 Program", 'LESO kogram- -, "ttre piograrn'', or "LESO". "State or U.S. ferritoy' alsoknown as 'othe State', "State Coordinator (SC)', "Stati point of Contast (SPOC)", or ..SC/SPOC,,. .I,aw
Enforcement Activities" also known as "ageucies in law enforcernent activities',, ,,Law Enforcement Agency(LEA)", "program participanf', or ..State/LEA".
a) Property made available tmder this agreement is not for personal use aud is for the use of authorized
proqram participants only.All rsquests for properly shall be based on bona fide law enforcsment requirements-
Authorized participants who receive properFy from the progrcm will not loan, donate, or otherwi'se provide
prope4y to other groups or entitios (i.e-, public works, couaty gar;age, schoois, etc-) that are not otirerwise
authorized to participate in the program. Proper[y will not be obtainedby prog*- purii"ipants for the purpose
of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. To receive suchp^ro$rry,
on an annual basis the LEA shall certr$ that theyhave:
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 conholled property, the zupervision,
and the evaluation ofthe effectiveness of such use, including auditing and acco'niabiiitypolicies
iii)Amual training in place and provides it to relevant personnel on the maintenance, sustainrnentn and
appropriate use of controlled property, including respect for the rights of citizens rmder the Constitution
ofthe U.S. and de-escalation of force.
b) Al1 costs associated with the transportation, turn-in, tansfer, repatr, maintenance, insurance, disposal,
rqrossession or other expenses related to property are the sole responsibility of the StatelLEA. The State/LEA
shall also be responsible to reimbr:rse the U.S Govemment (uSG) for iosts incurred in refrieving and/or
repossessing Fope4y impenrrissibly fiansferred by the StateiT-EA to unauthorized participants.
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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 properry 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 Memorardum of Agreement (MOA) between the
Federal Govemment and the State/U.S. Tenitory and/or this SPO, including unauthorieed use of property.
d) All property transferred to the State/LEA via the program is on an as-is, where-is basis.
e) LESO resewes the rigbt to recall property issued to a StatelLEA at any time.
f) Geaeral use of definitions/terrns;
i) Demilitarization {DEMIL code)-a code assigned to DoD property that indicates the degree of required
physical destnrction" identifies items requiring specialized capabilities orprocedurss, arrd identifies items
which do not require DEMIL but may require Trade Seeurity Confrols (TSC). Program participants are
not authorized to conduct physical demilitarization of properfy.
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 owuership of contolled properry remains with the DoD in perpetuity and will not be
relinquished to the State/LEA, When a StatelLEA no longer has a legitimate law enforcement use for
contolled property, they shall notif 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)'T.Ion-controlled" properfr"-items with a DEMIL code of A or Q (with an Integnty Code of "6')"
These items are conditionally fansferred to the StatelLEA and will remain on State/LEA accountable
inventory for one year from the ship date. However, after one year frorn the ship date, DLA will relinquish
ownership and title for the property to the StatelLEA without issuance of further documentation, During
this one year period, the State/LEA remains responsible for the accountability and physical control of the
properly and the LESO retains the right to recall the property. Participants should retua any $operry in
this one year period that becomes excess to their needs or they otherwise determine is not serviceable.
(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 &om DoD to any private individual or
StatelLEA 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 frorn 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
zubject to the annual physical inventory requirements and rvill not be inventoried during a LESO
Program Compliance Review (PCR).
g) All physical hansfers of property require LESO approval, Progarn 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 properly to another program participant (if mission requires). If the
SC/SPOC approves the temporary conditional loan, it shall be done using an acceptable Equiprnent Custody
Rcceipt (ECR}. At the end ofthe temporary conditional loan, the item (s) shall be refirmed to the original LEA
for accountability. All requests for conditional loans will be based on bona fide law enforcement requirements.
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h) The program may authorize digltal signatures on required program docrmrentation.
t) The State/LEA is not required to maintain insurance on contolled property, aircraft or other properry withspecial handling requirernents that remain titled to DoD. However, the sltefige. will be
"arrisia ttut it";elect to carry insurance 3d the insured property_1i on-the program inventory at the time or mss or damage, therecipient will submit
-a
cfegk made payabll to DLA for insuiance proceeds received in excess of their actualcosts of acquiring and rehabilitating the properfy prior to its loss, d"*g", or desruction.
4) STATE PLAN OF OPERA.TION The State shalt:
a) Assist in naining LEAs with enrollmeirt, properfy requests, transfers, tum-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 tni, Spo ,nC progr;participants are notified and achowledge responsibility to comply with changes-
c) Submit a SPO to LESO that shall addressprocedures for determining LEA eligibility, allocation, equitabledistribution of properly, accountability, inventory, kaining, and educalon, statilevefinternal pchr, ;*p;;control requirements, procedtues for tum-in, transfer, and disposat and other responsibiliti.r "*turiio!property.
d) Euter iato written agreement with each IEA,.via the l ES0-approved Spo, to ensure program participantsacknowledge the terms, conditions, and limitations applicable io property. This SpO must be signed uy thecurent Chief Law Enforcement Official (CLEO) (or disignee) ana tn" currenr SC/SpOC.
e) Provide program participants the following information:
i) The LESO Program State pOCs:
State Coordinator (SC): Mimi Limmeroth
State Foint of Contact (SpOC): Dale Richardson
State Point of Coniact (SpOC): Scott Fifietd
ii) SC/SPOC Facility Information:
Physical Mailing Address: 751r New Market st. sw, olympia, wA. 9g504
Email: dale.richardson@des.wa.gov
Phone Number: 360.407 -1920
Website: None
Hous of Operation: Monday - Friday 7 :00AM - 4:00pM
iii) Funding to administer the LESO program at the state-level is provided via:
Anaual participation fees, based on the numbers of officers per ageucy.
PROPERTYACCOUNTNG SYSTEM The State will maintain access to Federal Excess
Property Management Information System (FEPMIS) (or current property accounting system), to enswe LEAs
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maintain property bools, to include, but not limited to, hansfels, turn-ins, and disposal requests from an LEA or
to generate these requests at fhe State-level and forward all approvals to the LESO for action. The State will:
f) Conduct quarterly reconoiliations of State propertv records.
g) Ensure at least one person per LEA maintains access to the property accounting system. Users may be
'oactive" or "inactive" in the system, so long as they are registered. Ensure registered users are employees of
the StatelLEA. :
h) Ensure LEAs receive and account for property in the property accounting system within 30 days.
5) LESO WEBSITE The State shall access the LESO website for timely and accurate guidance, inforrration,
and links concerning the program and ensure that all relevant information is passed to the program participants.
6) AIINUAL TRAINING 10 USC $ 280 provides that the SECDEF, in cooperation with the U.S, Attorney
General, shall conduct aa annual briefing oflaw enforcementpersonnel 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, technisst support, equipment, and
facilities that are availabie to civilian law enforcement personnel from the DoD. The state shall provide program
participants traiaing material as discussed during the annual LESO training which includes information on
property managemenf bestpractices to include (but not limitedto) searching forproperty, accounting forproperfy
on inventory, transfer and turn-in of property when it is no longer needed or serviceable.
7) ENROLLMENT The LESO shall establish and implement program eligibility criteria LAW 10 USC 92576a,
DLA Instructions and Manuals and this SPO and retains final approvaVdisapproval authority for application
packages forwarded by the State. Non-governmental law enforcement entities such as private railroad police,
private securiqr, private academies, correctional deparhents, 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 refered to the DLA Fire Figbter progmm administered by USDA. Law enforcement agencies
requesting program participation shall have at least one full-time law enforcement officer. Program prop€rty 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 Statellocal law enforcement
officers. Law enforcement haining facilities/academies will be reviewed on a case-by-case basis. The State shall:
a) Validate the authenticify of state/LEAs that are applying for program participation. Only submit to the
LESO those application packages that the SC/SPOC recorn:nendslcertifies are Bovfinment agencies whose
primary firnction is the enforcement of applicable federal, State, and local laws and whose compensated
of{icers 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 scresner rnay 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.
e) Enswe LBAs update their account information annually, or as needed. This may require the LEA to submit
an updated application package. An updated applicationpackage shall be submitted for (but is not limited to)
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the followilg: a change in cLEo, the addition or removal of a screener, a change in the LEA physical addressor cotrtact information, etc.
fl Provide the LEA a co-m-p-rehensive program overview once approved by the LEso for enrollnent. Theoverview will be 6ons within 90_days of a LEA being approved to participate.
8) PROPERTY,ALLOCATION
a) The LFSO shall:
i) upon rycetpt of a sc/SPoc validated request for prope4y through the RTD website, will review andgive preference to requisitions indicating that the r"g"fu"i propefo wil be,rr"c io tn" "o*t".-a*1,counter-terorism, disaster-related emergercy prqraredness, oi bordei secudty activities ofthe requestii!LEA' Program participllts that request vehiiGs used for dlsaster-relatea emergency prqnredness, suchas high-vsa1e1 rescue vehicles, should rEceive the highestpreference.
ii) Require additional justification for qmall arms, aircraft, arnmunitisn, and vehicles andto the greatestextentpossible, ensure fair and equitable distribution ofpropertybased on current LEA inventor! anJjustifi cation for property-
iii) Resenre the right to determine and/or adjust allocation limits, to include the type, quantity and locationofproperty allocatedto the StatelLEA. Genbrally, no more ftllo* item (perp-art-Gel6d-time offlr"o)will be allocated-.Qua- titr excertions may be granted by the LESO o"
" &""by-case basis based on thejustification provided by the LEA. cune,ntly, the following allocation ii-il dpt;
(l) Robots: one (of each {rpe) for every ten officers (full-timelpart-time).
(2) High Mobility Multipurpose Wheeled Vehicle (HMlvfVfrgrup-Armored HMMWV (UAg:
one vehicle for every three officers (frll_tindart_time). '
(3) Mine Resistant Ambush Protected (MRAP) / Arrnored Vehicles: two vehicles per LEA.
(4) small arms: one (of each rype) per ofiticer (full-time/part-time).
(a) LESO may authorize over allocations of small arms in preparation for inevitable scenarios,i-e- training, equipment downtime (damage, routine mairitenance, inspections) or other l#
enforcement needs. The chart below is the standard for small utror u"."it"ble over-allocations:
(b) In insunces
SmallArms Acceptable
Over-Allocations
# of Oficers # bv tvne
l-10 2 or less
I t-2s 3 or less
26-100 5 or less
t0t-29e 8 or less
300 ormore 10 or less where smallarm allocation amounts
exceed the "acceptable over-allocationi' levels,
the LESO will coordinate with States to veriS accuracy of the officer count- If small arm
allocation is still beyond acceptable levels, LESO may authorize one ofthe following:
1) an
b) The.$tate shaU:
exception to poliry, 2) a haasfer, or 3) a tum-in.
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i) Assist the LEA in ths use of electonic screening of property via the RTD website add 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 l0 USC $ 2576a as
suitable for use by agencies in law enforcement activities. Prior to approving a request or hansfer, review
the LEAs propsrty allocation report to prevent over aliocation.
ii) Upon receipt of a valid LEA request for property, provide a recorrmendation 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
r€scue vehicles, should receive the highest preference. The State shall consider the fair and equitable
distribution of property based on current LEA inventory and LEA jrxtifications for properfy. The State
shall ensure the type and quantity ofproperty behg requesled by LEAs is reasonable and justifiable given
the number of officers (full-timeipart-time) and prior requisitions for similar items they have received
(both contolled and non-controlled property), Generaliy, no more than one of any item per offtcer (full-
time/part-time) will be allocated.
L0) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain of custody
(i.e. an acceptable ECR), including a signature ofthe recipient. Contolled property requiring an ECR: small arms
(including parts and accessories), aircraft, vehicles, optics, and robots. It is encoruaged to utilize ECRs for all
confrolled properfy. 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-Aitcraft will not be obtained by LEAs for the purposs of sale, lease, loan, personal use, rent,
exchange, barter, transfer, or to secue a loan and shall be reported to the LESO at the end of their useful life.
All aircraft are considered conftolled property, regardless of DEMIL code. Aircraft that are no longer needed
or serviceable shall be reported to the General Services Administation (GSA) for final disposition by the
LESO Program Aircraft Specialist.
b) Vehicles-Program participants that request vehicles used for disaster+elated emergency preparedness, such
as high-wafer rescue vehicles, should receive the highest preference. Vehicles will not be obtained by LEAs
for the purpose of sale, leasg loan, personal use, rent, exchange, barter, transfer, or to secure a loan and
vehicles that are considered controlled propeay will be returned to DLA Disp Svcs at the end of their useful
life^ DLA Disp Svcs Field Activiry/Site will identifr qualiffiag 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 obtaiaed via the program will be for haining use only. At the time of request, the LEA will
certify in writing that the ammunition will be used for Eaining use/purposes only. The USA will issue
approved transfers directly to the StatelLEA, The State/LEA is responsible for flmding all packing, crating,
handling and shipping costs for ammunition. The LEA wili make reimbursements directly to the USA.
Ammunition wiil not be obtained by LEAs for the pury)ose 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 teated as a consurnable item and not tracked in any DLA inventory system or inspected during PCRs.
LESO shall tack 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:
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i) Small arms wiit not-be obt'ined by LEAs for the purpose of sale, Iease, loan, personal use, rent,exchange, barter, fransfer, or to sectuea loan and shafl te ieturned to dta oirp s"tJ ai tbe end of theirusefirl life. Cannibalizatioa of small arms is not authorized.
ii) Temporary modifications to small arms are authorized; perrranent modifications to small arnas are notauthorized (i'e' driuing holes in the lower receiver of a smali arm). In cases of temporury-*oo6cations,all parts are to be retained and accounted for in a secured. location irnder the original'serid number for thesmall arm until final disposition is determined. Ifthe modified t-at ur* is trLsferredto another LEA,all parts will accompany the small arm to the receiving LEA.
iii) small a:ms will be issued utilizing an acceptable ECR which obtains certain infomation about rhepropertybeing issued to include (but is not limited to) the siguature of the law enforcement officer whois accepting responsibility f9r the small arm(s), the serial tr,rib". of the small arrr" the date in which thelaw enforcement otficer tookpossession of tLe small arm, etc.
iv) small arms that are not carried on an officer's person or in the ofificer,s immediate physical vicinitywiu be secured u5ing "two levels of physical secirity". Two levels of physical secffi meaning twodistinct lockable bd$, each specifiLaity designed tb render a srnal1 arm inaccessible and
'uusable tounauthorized persons. Lockable barriers meeting this description may be either mauual or elecgonic.
vJ Program participants no longer requiring program small arm(s) shall request authorization to bansferthe small arm to another participating LEA or request authorization to hrrn-in/return the small arm.Transfers and tum-in requests shall receive final approval from the LESO; small arms will not physicallymove until the LESO provides official notification that the upproou'l process is compleie. wf"nturning"in small an:ns to Anniston Army Depot, the LEA shall follow LESd turn-in guidance.
vi) Local destruction (DEMIL) of small arms is not authorized.
vii) Losg Stolen orDesfroyed (LSD) small arms;
(1) Prograrn partigipanls with multiple instaaces of LSD small arms in a five-year window lyill be
assessed by DLA Disp Svcs to determine if a systemic problem exists IAW DLAI 4140.11.
(2) DLA OIG investigations may be initiated if small axms are improperly disposed of or becomeLSD while in program inventory. The StatelLEA may be required to reimburse nte O" fair market
value of the small arms rvhen negligence, willfirl misconduct, or a violation of the MOA betwesn the
Federal Goventment and the StateAJ.S. Territory and/or this SPO is confirmed at the conclusion of
the Financial Liability Investigation of properf Loss (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 satus of the small arm.
(c) Payments dl. 1? DLA Disp Svcs, based upon the findings of the FLIP! may be paid by one
of tbree methods: 1) credit card via pay.go% 2) cashier/business check, ot i1*it transfer.
(3) kr instances of LSD small amr recovery, DoD retains title in perpetuity and the small arm shall
be immediately relinquished/surrendered back to the program.
11) PROGRAM COMpLTaNcE REVTEWS (pCR)
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t
a) The IESO shalll
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 l0 USC $ 257 6a, the MOA between the Federal Government
and the StateAJ.S. Tenitory andlor this SPO and any DLA lnstructions and manuals regarding the
program. PCRs are conducted to ensure properly accountability, program compliance, and program
eligibility.
ii) Conduct PCRs for participating States every 2 yexs,providing taining to the StatelLEA as needed.
iii) Reserve the right to conduct no notice PCRs, or reguire an annual review, or similar inspecfion, on a
more frequent basis for any State/LEA.
id hrtend to physically inventory 100% of prop€rty selected for review at each LEA during a PCR. The
use of ECRs in lieu ofphysical 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 properfy as possible during a PCR.
(l) The goai is to review 20Yo 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 inciude non-controlled property (DEMIL code A and Q6).
vi) Select LEAs not visited during the last three regularly scheduled PCR cycles (as applicable).
vii) Recornmend corrective actions (which may include suspending a State/LEA from program
participation) for frndings of non-compliance identified during a PCR.
(1) The LESO shall issue corrective actions (with suspense dates) to the State, which will identiff
what is needed to recti$ the identified deficiencies within tbe 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 prograrn participation.
(3) States found non-compliant for a PCRwill 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 StatelLEA understand that property shall be transfened to a participating agency with
SC/SPOC and LESO approval or retumed to DLA Disp Svcs when no longer needed or seryiceable.
b) The State shall:
i) Assist the LESO as required, prior to, duriag 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
awme 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
Page 8 of12 Version-February 2021
ensure 'fie LEA physically gathers tbe selected property in a cenhal locafion (to &e greatest extentpossible) which rrill allow the LEso to physicaliy inventory rhe property "ffi"irdly auriig tn" icn. _-
v) coordinate the use of any EcR with the LESO prior ro the pcR
vi) Ensure LEAs uuderstand property shall be tra.nsferred to a paticipating agency urith SC and LESOapproval or returned to DLA Disp Svcs when deemed no longeineeaeO or ier;ceable.
vii) Conduct Statelevel (internat) lCns 9r participating LBAs to ensure property accountabilify,progam comFliauce and program eiigibility utilizing a PCR checklist provided by tne LESg, orequivalent (for uniforrrity purposes).
(1) Ensure a State-level (internal) PCR of at least 8% ofLEAs with program inventory is compleredannually (3% of which will be frtT_"9 on program participants with no iontrolled p*i,"ttvl, R;rJ;ofthe State-level (intemal) PCRwilt be kept on-filewith th" Stut". Documenration sna11 beprovidedto the LESO for each LEA that received a State_level pCR.
(2) The State-level (internal) pCR will include, at minirnum:
(a) A review ofthe dually-signed SPo, ensuring it is uploaded to the property accounting sysrem.
ft) A review of the LEA application package to confirm authenticity and eligibiiity of the LEA.
(") Arr inventory of property selected for review at each LBA.
(d)A review of each selected LEA files for any of the following which may include turn-
in/transfer DD Form 1348-tA, EC\ small arm documentation, f'I.eI, documents, exception topolicy letters, approved cannibalizatiotr requests, or otherpertinent documentation as reqirired.
(3) Request that the LESO restrief suspend or terminate an LEA based on fiadings drrring State-level interud PCR or due to non-compliance with terms of the MOA tetrveen the lederal
Government and the StaFru-S. Territory and/or this SPO, DLA Instruction/lV1anual or any stafirte orreguiation regarding the program-
(4) Notifl the LESO and initiate an inv-estigation into any questionable activity or action involvingproper{y issued to a LEA that comes to the attention of the State and is otherwisi within the authorit}of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriat-e
action and/or make appropriate recommendations on restiction, suspensioi, or terrnination of theState[EA to the LESO. The SC may suspend or terminate a StatelLEA participation in the prograur
at any time for non-cornpliance.
12) ANIIUAL PffYSICAL INVENTORY n'fch StatelLEA is required to conduct aa annuat physical inventoryof ail property on the active proper[y book and provide certifrcation in the property accounting system. DEMIL
le I ana "Q5" property records will not be closed during the annual pbysical iuvenjtory period.
In the State of Washington, the annual physical inventory and certification in the pl ip..ty accounting system
process starts on July 1$ and must be completed by september 306. The State shall:
a) Provide t'ainiDg to LEAs to properly conduct the annual physical inventory and complete the certification
ofproperty in the property accounting system.
b)Ensure au approved and current SPO is uploaded in the property accounting system for each LEA
c) validate the annual physical inventory certifications submitted by LEAs-
Page 9 of 12 Version-February 2021
d;edher" to annual physical inventory certification requirements as identified by the LESO. Physical
inventories and certification stbtements 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
Govemrnent and the StateAJ.S. Tenitory and this SPO ,
$ Recommend suspensiou of program participants who fail to complete or submit the certified annual
physical inventory.
13) REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any propefty identified as LSD
on a LEA crurent inventory, shall be reported to the State/lESO. A FLIPL (aka the DD Forrn 200) shall be
submitted to the StatelLESO for LSD property. Program participants agree to cooporate with investigafions into
LSD property by ary federal, state, or local investigative body and when requested, a$sist with recovery of LSD
property.
a) LSD controlled property shall be reported to the StatelLESO within 24-hours. Program participants may
be required to provide rheir SC/SPOC additional documentation which may include (but is not limited to):
l) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the Civilian Goveming
Body (CGB) over the LEA involved, to include: Title, Name, Ernail, and mailing address.
b)LSD propert.y with a DEMIL code of "A" and "Q6" shall bereported 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 Govenrment and tle Stateru.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 MOA, SPO, DLA Instruction or Manual, federal statute or regulation, the State/LEA may be suspended,
terrninated, or placed on restricted status. Restriction, suspension, or termination notifications will be in writing
and will identifr remedial measur€s required for teinstatement (if applicable\- Suspension-hspecified period in
which an entire StatelLEA is prohibited ftom requesting or receivirg additional property through the program.
Additional requirements may be implemented, to include the StatelLEA requirement to return specifically
identified controlled propergy. 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 coutrolled properly
previously received ttxough theprogram at the expense of the State/LEA involved. $e,s.tficted Status-Aspecified
period in which a StatelLEA 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 StatelLEA from all conkolled
property.
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 autbority to determine timeframe requirements.
b) LEA termination-The SC/SPOC will coordinate with LESO to identift a realistic timeframe to complete
the tansfer or turn*in of all property. The LESO retpi4s final authority to determine timeframe requirements.
c) In the event of a termination, the StateiIEA will make every attempt to tansfer the property of the
terminated StatelLEA to an authorized StateiLEA, as applicable, prior to requesting a turn-in ofthe property
to DLA Disp Svcs. In cases that require a repossessiou or tum-in of properly, the StatelLEA will bear al1
expenses related to the repossession, tum-in or transfer of properly to DLA Disp Svcs.
d)Thp 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./orrepeatednon-compliance related to the tenns and conditions of this SPO.
Suspension may lead to terminatiou. The State shall also issue corrective action guidance to the LE.d with
suspense dates to rectiff issues and/or discrepancies that caused the restriction, suspensiol, or
Page l0 of 12 Versian-February 2021
termination' The state shall require the LEA to submit results on completed police investigations and/orreporfs on LSD property to include the LEA cAP- The LEso retains final
-clis-cretion
on reiDsratementrequests' Reinstatement to firll participafion from a restiction, suspensioa or termiaation is not automatic.
ii) Initiate correstive action to rectify suspensions or terminations of the LEA for non-compliance to theterms and conditions of the program- The State shail also make contact (until iesorvedy wilh suspenaeaLEAs to ensure corrective actions are rectified within required timeft"d;;;ided by the LES'
__-
iii)Require the LEA to complete and submit results on compietecl police investigations or reportsregardingLSD property" The State will submit all documentation to lpsO,rponreceip.
iv) Provide documentation to LESO rvhen actionable items are rectified for the State/LEA-
v) Request that the LEso suspend or tenninate an LEA based upon their findings during state-levelinternal PCR or due to non-compliance with any term of this SPO, D-LA Instrucfion/Iv1anual or any statuteor regulation regarding the program.
vi) Notify the LESO and initiate an investigation iato any guestionable activity or action involvingproperty issued to an LEA that comes to ths attention of the State and is other,q/iJe wifhin the authorit!of the Govemoristatg to investigate. Upon conclusion of any such iuvestigation, ake appropriate actiooand/or rhake appropriate recornmendations on reskiction, suspension, or ierminatiou of the LEA to theLESO' The SC may revoke or terniuate concurence for LEAparticipation in the progran at any time.
vii) Provide written reguest to the LESO for reinstatement of an LEA for full participation status at theconclusion of a resliction or suspension period. Written verification shall be prorrie"a thut the SC/SpOC
has validated rhe LEA CAp.
15) REcoRDs IiIANAGEMENT The LFso, Sc/sPoc, and. LEAs participating in the program wiII rnaintainprogram records IAW the DLA records schedule. Records for propirty aiquireC ttroughihe program haveretention contols based on the DEMIL code. Property records *rit Ui fifed, rir-ined, and destroy-ea fnW OI,Arecords schedule. Records may include, but are not limited'to: DD Form 1348-ie fo, hansfers, turn-ins,requisitions, Buteau ofAlcohol, Tobacco, Firearms and Explosives @ATFE) Forms 5 and l'0.
10 TRADE SECUdTTY CONTROL (TSC) and COMPLIANCE WrrH u(PoRT corYrRol,REGULAfiONS Items transferred to program participants, inciuding DEMIL A and e (with an Integrity Codeof 6) ploperty, may be subject to export confol iestictions.'rrogramlarticipants shalliomply with tlS.-exportcontrol laws and regulations if they contemplate ftflher tansfers of uny ptoprrty. Once title transfers, ftes
should consult with the Departrnent of State (D9S) and Deparfinent of commer& @oc) export conkol regrrlators
about the
-lrpe
of export coafrols th?lmay apply to items, regardless of DEMIL rbo.. irrogtu* participants mayrequest a fomtal Comnodrty Classification from the DoC, Bureau of Industry and Secuity 6BjS), oi submit ageneral co.rrespondence 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 oflndusky and Security website. program parti"ip-aoti
shall nCIi$' all subsequent purchasers or kansferees, iu writing, of thiir responsibiiity to comply-withir-s.
"*portcontrol laws and regulations.
17) NOTICES Any notices, communications, or corespondence related to this SPO shall be provided by email,
the U.S. Postal Senrice (USPS), express service, or facsimile to the appropriate DLA office. tni 1-ESO may (Aom
time to time) make unilateral modifications or amendments to the liovisions of the MOA between the Federal
Government and the stateru.s. Tenitory and/or this sPo. Notice olth"re changes will be provided to the statein writing. Unless the State takes inmediate action to terminate the MOA betweea the Fedirai Govemment andthe StateAI-S- Territory and/or this SPO, such modifications or amendments rvill bscome bin,{ing. In such cases,.
reasonable oppornrnity will (iasofar as practicable) be a{forded the State/LEA to conform to changes atrectin!their operations.
18) AIYTI-DISCRIMINATION By signing or accepting prope4y, the State/LEA pledges agreement to comply
Page 1l of 12 yersion-Febntary 2A2I
with provisions of the national policies prohibiting discrimination: 1) On the basis of race, co1or, 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 i95, 2)On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented
by Deparfrnent of Health and Human Sewices 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 ameuded by the Rehabilitation Act Amendments
of 1974, F.L. 93-516 (29 USC 794), as implemented by Deparhnent of Justice @oJ) regulations in 28 CFR Part
41 and DoD regulations at 32 CFR Part 56. These elements are the minimrrm essential ingredients for
establishment of a satisfactory business agreement between the State and the DoD.
19) INDEMNIIqICATION CLAUSE The State/LEA is required to maintain adequate liability insruanee to
cover damages or injuries to persons or property relating to the use of property issued under the proglam.
Self-insurance by the State/LEA is considered acceptable. The USG assumes uo 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 Sfate
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 indemniff and hold the USG
harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attomey's fees arising
out o{ 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 iniluding States, local and interstate bodies, in any manner caused by or
contributed to by the StatelLEA, its agents, servants, employeesn or any person subject to its control while the
property is in the possession oi used by, or subject to the conkol of the State/LEA, its agents, servants, or
employees after the property has been removed from USG control.
20) TERMINA,TION This SPO may be terminated by either party, provided the other parfy receives a thlrty
(30) day notice (in vniting) 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) The undersigued Chief Law Enforcement Officer agrees to comply with all provisions and requirements set
forth in HB 1054 and acknowledges that any violation ofthe terms and conditions of such may be grounds for
immediate termination from the LESO Program.
22) AGREEMENT OF PARTIES The parties below agree to enter this agreement as sf the last date below:
Governor-appointed SC/SPOC,State of Washinoton
Full Name (Print):
Signature (SiSn)(MMiDDrrrrY)7t8t2021
Chief Law Euforcement Offroial (CLEO) (or designee):ftr
Title (Print):3ha',-ff
FullName (Print):
At{i at^ th '-' €&-t
Signature (Sign):
Page 12 of 12
Date
Version-February 2021
t,-
,rya.. ?ru€{$',vL (MM/DD/YYYY):a& . 4 f.,3.49.J