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HomeMy WebLinkAboutPR 22011: MEMORANDUM OF AGREEMENT BETWEEN THE DEFENSE LOGISTICS AGENCY AND THE PORT ARTHUR POLICE DEPARTMENT City of urt rihur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 16, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy Duriso, Chief of Police RE: PR 22011 —Memorandum of Agreement between the Defense Logistics Agency and the Port Arthur Police Department Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute a Memorandum of Agreement with the Defense Logistics Agency to receive equipment to assist with counter-drug/counter-terrorism, disaster-related emergency preparedness or border security activities. Background: The Secretary of Defense is authorized by 10 USC 2567a to transfer to Federal and State Law Enforcement Agencies, personal property that is excess to the needs of the Department of Defense that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for the counter-drug/counter-terrorism, disaster- related emergency preparedness or border security activities under such terms prescribed by the Secretary. The Secretary of Defense has delegated program management to the Defense Logistics Agency. The Defense Logistics Agency may enter into an agreement with governmental Law Enforcement Agencies to receive equipment for the primary function of the enforcement of applicable federal, State, and local laws whose have compensated powers of arrest and apprehension and use the said equipment for the purpose of counter-drug, counter- terrorism, disaster related emergency preparedness or border security activities. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 City of ori rl/trrr 'r I� s www.PortArthurTx.gov Budget Impact: N/A Recommendation: It is recommended that City Council approve the City Manager to execute a Memorandum of Agreement between the Defense Logistics Agency as discussed and/or outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 22011 06/16/21 JLH RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A STATE PLAN OF OPERATION AGREEMENT BETWEEN THE DEFENSE LOGISTICS AGENCY AND THE PORT ARTHUR POLICE DEPARTMENT FOR RECEIVING EXCESS EQUIPMENT TO ASSIST WITH COUNTER-DRUG/COUNTER TERRORISM, DISASTER RELATED EMERGENCY PREPAREDNESS OR BORDER SECURITY ACTIVITIES WHEREAS, the Secretary of Defense is authorized by 10 USC 2567a to transfer to Federal and State Law Enforcement Agencies, personal property that is excess to the needs of the Department of Defense that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for the counter-drug/counter- terrorism, disaster-related emergency preparedness or border security activities under such terms prescribed by the Secretary; and WHEREAS, the Defense Logistics Agency 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; and WHEREAS, upon receipt of a State Coordinator/State Point of Contacts validated request for equipment through the Reutilization Transfer and Donation website, will review and give preference to requisitions indicating that the requested equipment will be used in the counter-drug, counter- terrorism, disaster-related emergency preparedness, or border security activities of the requesting Law Enforcement Agency; and WHEREAS, program participants that request vehicles used for disaster-related emergency preparedness, such as high- water rescue vehicles, should receive the highest preference; and P.R. No. 22011 06/16/21 JLH WHEREAS, the Defense Logistics Agency requires that a written agreement with the Law Enforcement Agency , via the Law Enforcement Support Office- approved State Plan of Operation ensure program participants acknowledge the terms, conditions, and limitations applicable for equipment and must be executed between both parties before any property can be distributed; and WHEREAS, the Port Arthur Police Department requests authorization for the City Manager to enter into an agreement between the Port Arthur Police Department and the Defense Logistics Agency to be eligible to receive equipment to assist with counter-drug/counter-terrorism, disaster- related emergency preparedness or border security activities under such terms prescribed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . The City Council hereby authorizes the City Manager to enter into a State Plan of Operation agreement between the Port Arthur Police Department and the Defense Logistics Agency, in substantially the same form as attached hereto as Exhibit "A" . Section 3 . That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of July, A.D. , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor: , Councilmembers : , NOES: P.R. No. 22011 06/16/21 JLH Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tiz o City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Timothy Duriso Chief of Police P.R. No. 22011 06/16/21 JLH EXHIBIT "A" �� Tn� DEFENSE LOGISTICS AGENCY /Qgr a DISPOSITION SERVICES (G i . R, 74 WASHINGTON AVENUE NORTH y[ BATTLE CREEK, MICHIGAN 49037.3092 ••�44, \\**�G`.\4 ``' Law Enforcement Support Office (LESO) Application for Participation/Authorized Screeners Letter * Indicates Required Fields (This form is for State/Local Law Enforcement Agencies only) SECTION 1: `Originating Agency Identifier(ORI)Number(If applicable)ITX 1230700 `Agency Name: Port Arthur Police Department 1 'Agency Physical Address:I645 4th Street _ i 'City: Port Arthur i 'NCIC P.O.Box or address(if different than above i.e.Terminal location):I I 'Phone#: 409-983-8600 I Fax#: '409-983-8627 I "State: f TX 1 'Zip Code:177640 ' *Email: Iportarthurtx.gov I Note:Email is needed for automated system notifications. Agency MUST have at least 1 full-time officer to participate in the program.Indicate the number of compensated officers with arrest and apprehension authority.Part-time field MUST be filled in:N/A,0 or-is acceptable. 'Full-time: 1127 i 'Part-time: 0 RTD Screener-RTD Screeners must be employed by the aforementioned LEA.Individuals identified below may request access to act as an authorized"RTD Screener"on behalf of this Low Enforcement Agency. Agency MUST have at least 1 RTD Screener. jPatrolman / Officer { AI ' Gillen '7$1 'Official Title/Rank 'First Name 'Last Name al.gillen(c�portarthurtx.gov {409-749-0769 II 'Email •Phone Number POC(Aircraft/Small Arms/Vehicle) ;Lieutenant �I Chris iSegler x2 `Official Title/Rank 'First Name 'Last Name jchris.segler@portarthurtx.gov 1409-984-2192 {{ 'Email 'Phone Number POC(Aircraft/Small Arms/Vehicle) ;Patrolman / Officer 11John 1Defrancis x3 `Official Title/Rank 'First Name "Last Name [john.defrancis@portarthurtx.gov {,409-5406350 J J 'Email 'Phone Number POC(Aircraft/Small Arms/Vehicle) I i 1 1 1 L. J x4 'Official Title/Rank 'First Name 'Last Name ii '{i I J `Email 'Phone Number POC(Aircraft/Small Arms/Vehicle) Page 1 of 2 (Application Version:Oct 11,2018) SECTION 2: RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY Law Enforcement Agency/Activity-The LESO Program defines this as a Governmental agency/activity whose primary function is the enforcement of applicable Federal,State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension. I certify that my agency meets the definition of a"Law Enforcement Agency/Activity"as described above.I certify that all information 0l 1-ontained in this application is valid and accurate.I understand that I must provide my State Coordinator an application to update my agency t articipant information if the following information changes:1.Chief Law Enforcement Official(CLEO)changes,2.Agency physical address changes or 3.RTD Screener additions/deletions. OI am signing this document as the CLEO of this law enforcement agency. *(Check only one): lIn my official position or as Acting/Interim,I am authorized to sign documents on behalf of the CLEO for this agency. If checked,please provide current department policy or Memorandum that provides such signature authority to the individual holding that official position. By signing this application,I certify that my Agency will comply with U.S.Code 2576a for all controlled property,which states;With the authorization of the relevant local governing body or authority,that my agency has adapted publically available protocols for the appropriate use of controlled property,the supervision of such use,and the evaluation of the effectiveness of such use,including auditing and accountability policies;and that it provides annual training to relevant personnel on the maintenance, sustainment and appropriate use of controlled property.I certify under penalty of perjury that the foregoing is true and correct.Making a false statement may result in judicial actions or prosecution under 18 USC 41001. (Chief of Police 1 Timothy W. Duriso 'TITLE *PRINTED NAME:FIRST&LAST 'SIGNATURE timothy.duriso@portarthurtx.gov 11 1 *EMAIL 'DATE SECTION 3: RESERVED FOR STATE COORDINATORS OFFICE USE ONLY As the State Coordinator/State Point of Contact it has been determined that the agency meets the definition of a"Law Enforcement Agency/Activity"as described in section 2.I certify that all information contained in this application is valid and accurate. Michelle Farris •PRINTED NAME FIRST&LAST 'SIGNATURE •DATE SECTION 4: RESERVED FOR LESO USE ONLY NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL:Regulatory guidance outlining Screener Identification and Authorization must be accomplished in accordance with DOD 4160.21-M,Volume 3,Enclosure 5,Section 3(k).In accordance with the aforementioned reference,the LESO Program authorizes the individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program.This authorized screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by authorized LE50 signatory.Only two individuals authorized to screen per visit;however,additional personnel may assist receiving material previously screened and approved for transfer. 'This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC: 'LESO Authorized Signatory: 'Screener letter is valid one year from this date: 'SIGNATURE Note:Once this screener letter has expired,agency can request a new screener letter(LESO AUTHORIZATION SCREENER LETTER,v.MARCH 2018)only through their SC/SPOC. LESO Notes: Page 2 of 2 (Application Version:Oct 11,2018 State Plan of Operation (SPO) between: The State of Texas and the (State/United States Territory) Port Arthur 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. iii) 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 LEA. The 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 LEA to unauthorized participants. Page 1 of 14 Version-February 2021 c) The 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 (MOA) 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 LEA via the program is on an as-is, where-is basis. e) LESO reserves the right to recall property issued to a 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 LEA. When a 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 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 LEA and will remain on 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 LEA without issuance of further documentation. During this one year period, the 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. (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 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. Page 2 of 14 Version-February 2021 h) The program may authorize digital signatures on required program documentation. i) The 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 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. 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),the Civilian Governing Body Official(CGB) (or designee)and the current SC/SPOC. e)Provide program participants the following information: i) The LESO Program State POCs: State Coordinator(SC): Michelle Farris State Point of Contact(SPOC): Rolando Ayala State Point of Contact(SPOC): Laurie Patterson State Point of Contact(SPOC):John Riddick ii) SC/SPOC Facility Information: Physical Mailing Address: 5805 N. Lamar Blvd Bldg G Austin,Texas 78752 Email: TxLESOProgram@dps.texas.gov Phone Number: (512)424-7590 Website: https://www.dps.texas.gov/section/texas-leso-program/texas-leso-program Hours of Operation: 7:00AM—5:00PM(CST) iii) Funding to administer the LESO Program at the State-level is provided via: The Governor of the State of Texas has appointed the Texas Department of Public Safety to conduct Page 3 of 14 Version-February 2021 management and oversight of this program.All funding and staffing will be provided by the Texas Department of Public Safety 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 LEA. c)Ensure LEAs receive and account for property in the property accounting system within 30 days. 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. The LEA shall access the Texas LESO website at https://www.dps.texas.gov/section/texas-leso program/texas- leso-program,for timely and accurate guidance, information,forms and links concerning the program. 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 compensated 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 facilities/academies will be reviewed on a case-by-case basis.The State shall: a)Validate the authenticity of 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 LEA application packages in their State.The SC/SPOC should provide notification to the LESO when application packages are disapproved at the State-level. Page 4 of 14 Version-February 2021 c)Ensure that screeners listed in the application package are compensated employees of the LEA and are TCOLE certified peace officers. 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. 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. The LEA shall: a) Submit an updated application packet annually to the Texas SC/SPOC office no later than June 30. Any time there is a change in personnel, CLEO, contact information etc, the LEA shall submit an updated application packet within 30 days of the change. b) Once approved for participation in the program,at least one of the LEA's authorized screeners must attend a mandatory training class within (6) months and prior to approval of property requests. The class will be conducted free of charge to the LEA and will be held at a location determined by the Texas SC/SPOC office. Screeners who may have been previously employed by and screeners for other LEA's, may still be required to attend training as the training qualifies the LEA, not the individual. c) Upon completion of the mandatory training, at least one of the LEA's authorized screeners(preferably the one who completed the training), must create an account in the current property accounting system and maintain said account for the duration of the LEAs participation in the program, regardless if the LEA ever receives property from the program. d) Failure to complete all parts of the enrollment process listed above within (6) months of approval for participation, will result in the LEA being deactivated from the program. Once deactivated, an LEA may not apply for reactivation until the end of the following annual inventory cycle. e) LEA transfer of responsibility of program property assigned to the LEA. A change in CLEO, due to any reason,will not relinquish responsibility from the LEA for properly maintaining accountability of any and all assigned program property. If the new CLEO does not wish for his/her agency to continue participation in the program, the CLEO will notify the Texas SC/SPOC office in writing that they wish to return all assigned property to their assigned Disposition Site and/or transfer it to another participating LEA and exit the program. The new CLEO remains responsible for any and all assigned property until it is officially transferred or returned and the LEA's inventory is completely cleared. 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 Page 5 of 14 Version-February 2021 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 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: (I) 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). (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: Sm all Arms Acceptable Over-Allocations #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 (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. Page 6 of 14 Version-February 2021 c)The LEA shall: i) Ensure that the individual who will be screening for property and submitting requests on behalf of the LEA, has completed the mandatory training and has a full understanding of the allocation limits, justification requirements and forms utilized for all requests. ii) Ensure that at least one person maintains access to and understands the use of the property accounting system as long as the LEA is an active participant in the LESO program. iii) Ensure that the individual responsible for managing the property accounting system,notifies the Texas SC/SPOC office of any property that is damaged upon receipt or is missing quantities that were requested, so that an immediate adjustment may be made prior to receipt being made in the property accounting system. 11) 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. 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 LEA. The 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. Page 7 of 14 Version-February 2021 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. 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 IAW 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 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 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 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: 1)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 Page 8 of 14 Version-February 2021 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. 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. 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. Page 9 of 14 Version-February 2021 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 Form 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 LEA to the LESO. The SC may suspend or terminate a LEA participation in the program at any time for non-compliance. c)The LEA shall: i) Agree to comply with all requests and requirements pertaining to both a LESO PCR and an internal State PCR, including, but not limited to the following: 1) Ensuring all program property and files that are requested to be seen by either the LESO or SC/SPOC, are available on the date/time selected. 2) Ensuring all program property is laid out in an orderly fashion and easily accessible by the LESO or SC/SPOC. 3) Coordinate the use of any ECR with the LESO or SC/SPOC, prior to the PCR. 4) Notify the SC/SPOC, prior to the PCR,of any LSD property,so that adjustments may be made. 5) Notify the SC/SPOC, prior to the PCR, of any property that will need to be seen at multiple locations,so that accommodations may be made ahead of the PCR date/time. Page 10 of 14 Version-February 2021 13) 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 Texas, the annual physical inventory and certification in the property accounting system process starts on July 1st and must be completed by August 31'. 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. The LEA shall: a)Ensure a physical, hands-on inventory of all assigned LESO property is conducted annually prior to certifying it in the electronic property accounting system. b)Annually certify property is utilized and is within allocation limits IAW the SPO between the State of Texas and the participating LEA. c)Not certify any property that is found to be LSD and will notify the SC/SPOC office immediately. d)Complete the electronic certification of all assigned inventory on or before August 31S`of every year. 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 this SPO in order to maintain active program participation status.If a LEA fails to comply with any term or condition of the SPO, DLA Instruction or Manual, federal statute or regulation, the LEA may be suspended,terminated,or placed on restricted status.Restriction,suspension, or termination notifications will Page 1 I of 14 Version-February 2021 be in writing and will identify remedial measures required for reinstatement (if applicable). Suspension-A specified period in which an entire LEA is prohibited from requesting or receiving additional property through the program.Additional requirements may be implemented,to include the LEA requirement to return specifically identified controlled property. Suspensions will be for a minimum of 60-days. Termination-The removal of a LEA from program participation. The terminated LEA shall transfer or turn-in all controlled property previously received through the program at the expense of the LEA involved. Restricted Status-A specified period in which a 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 LEA from all controlled 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 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 LEA will make every attempt to transfer the property of the terminated LEA to an authorized 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 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 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. vii) Provide written 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. Page 12 of 14 Version-February 2021 15) RECORDS MANAGEMENT The LESO, SC/SPOC,and LEAs participating in the program will maintain program records IAW 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-IA 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(USPS),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 LEA to conform to changes affecting their operations. 18) ANTI-DISCRIMINATION By signing or accepting property,the 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. 93-1 12, 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. 19) INDEMNIFICATION CLAUSE The LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the program. Self-insurance by the 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 LEA from agreeing to open ended indemnity provisions. However, to the extent permitted by State and local laws,the 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 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 LEA, its agents, servants, or employees after the property has been removed from USG control. Page 13 of 14 Version-February 2021 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, CLEO and CGB 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: Governor-appointed SC/SPOC, State of Texas: Full Name(Print): Michelle Farris Signature(Sign): Date(MM/DD/YYYY): Chief Law Enforcement Official (CLEO)(or designee): Title(Print): Chief of Police Full Name(Print): Timothy W. Duriso Signature(Sign): Date(MM/DD/YYYY): Civilian Governing Body Official(CGB)(or designee): Title(Print): City Manager Full Name(Print): Ron Burton Signature(Sign): Date(MM/DD/YYYY): Page 14 of 14 Version-February 2021