HomeMy WebLinkAbout2025-28 A Resolution Approving an IGA with State of Colorado to allow Dept of Defense to Donate Property to the Vail Police DepartmentRESOLUTION NO. 28
Series of 2025
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND THE STATE OF COLORADO TO ALLOW FOR THE
DEPARTMENT OF DEFENSE, THROUGH THE STATE OF COLORADO, TO DONATE
CERTAIN EXCESS PERSONAL PROPERTY TO THE VAIL POLICE DEPARTMENT
WHEREAS, The Secretary of Defense is authorized by 10 USC § 2576a to
transfer to Federal and State Law Enforcement Agencies, personal property that is
excess to the needs of the Department of Defense, 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; and
WHEREAS, the Town wishes to enter into an agreement with the State of
Colorado, in the form attached hereto as Exhibit A and incorporated herein by this
reference (the “IGA”), to enable the Town to receive said excess property.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 17th day of June 2025.
_________________________
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
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State Plan of Operation (SPO) between:
Colorado and the
(State/United States Territory)
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 Defense Logistics Agency (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 also known as
,or
also known as ,,.S.also
known as (SPOC)
Enforcement A also known as ,Law Enforcement Agency
(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 bonafide 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 State/LEA. The State/LEA
shall also be responsible to reimburse the U.S Government (USG) for costs incurred in retrieving and/or
repossessing property impermissibly transferred by the State/LEA to unauthorized participants. The LEA will
cover all costs and reimbursement associated with the program. In extenuating circumstances, the State will
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be able to provide financial support.
c) The State/LEA will maintain and enforce regulations designed to impose adequate security and
accountability measures for controlled property to mitigate the risk of loss or theft of property. Program
participants shall implement controls to ensure property made available under this agreement is used for
official law enforcement use only. The State/LEA shall take appropriate administrative and/or disciplinary
action against individuals that violate provisions of the Memorandum of Agreement (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 State/LEA via the program is on an as-is, where-is basis.
e) LESO reserves the right to recall property issued to a State/LEA at any time.
f) General use of definitions/terms:
i) Demilitarization (DEMIL code)-a code assigned to DoD property that indicates the degree of required
physical destruction, identifies items requiring specialized capabilities or procedures, and identifies items
which do not require DEMIL but may require Trade Security Controls (TSC). Program participants are
not authorized to conduct physical demilitarization of property.
ii)Controlled property -items with a DEMIL code of B, C, D, E, F, G, and Q (with an Integrity Code
of ). Title and ownership of controlled property remains with the DoD in perpetuity and will not be
relinquished to the State/LEA. When a State/LEA no longer has a legitimate law enforcement use for
controlled property, they shall notify the LESO and the property will be transferred to another program
participating State/LEA (via standard transfer process) or returned to DLA Disp Svcs for disposition.
iii)-controlled" property -items with a DEMIL code of A or Q ().
These items are conditionally transferred to the State/LEA and will remain on State/LEA accountable
inventory for oneyear from the ship date. However, after one year from the ship date, DLA will relinquish
ownership and title for the property to the State/LEA without issuance of further documentation. During
this one year period, the State/LEA remains responsible for the accountability and physical control of the
property and the LESO retains the right to recall the property. Participants should return any property in
this one year period that becomes excess to their needs or they otherwise determine is not serviceable.
(1) The LEA receives property as governmental
entities. Title and ownership of this property does not pass from DoD to any private individual or
State/LEA official in their private capacity. Such property shall be maintained and ultimately
disposed of IAW provisions in State and local laws that govern public property.
(2) Sales/oneyear 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,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
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for accountability. All requests for conditional loans will be based on bona fide law enforcement requirements.
h) The program may authorize digital signatures on required program documentation.
i) The State/LEA is not required to maintain insurance on controlled property, aircraft or other property with
special handling requirements that remain titled to DoD. However, the State/LEA will be advised that if they
elect to carry insurance and the insured property is on the program inventory at the time of loss or damage, the
recipient will submit a check made payable to DLA for insurance proceeds received in excess of their actual
costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction.
STATE PLAN OF OPERATION The State shall:
Assist in training LEAs with enrollment, property requests, transfers, turn-ins, and disposal procedures.
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.
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.
Enter into written agreement with each LEA, via the LESO-approved SPO, to ensure program
participants acknowledge the terms, conditions, and limitations applicable to property. This SPO must be
signed by the current Chief Law Enforcement Official (CLEO) (or designee) and the current SC/SPOC.
Provide program participants the following information:
The LESO Program State POC
State Coordinator (SC):
ii) SC/SPOC Facility Information:
Physical Mailing Address: 700 Kipling St, Ste 4000, Lakewood, CO 80215
Email: cdps_1033_1122@state.co.us
Phone Number: 720-607-1605
Website: https://publicsafety.colorado.gov/1033-leso-excess-property-program
Hours of Operation: Monday-Friday, 8:00 a.m 5:00 pm
iii) Funding to administer the LESO Program at the State-level is provided via:
Colorado 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
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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
Ensure registered users are employees of
the State/LEA.
c)Ensure LEAs receive and account for property in the property accounting system within 30 days.
6) LESO WEBSITE The State shall access the LESO website for timely and accurate guidance, information,
and links concerning the program and ensure that all relevant information is passed to the program participants.
7) ANNUAL TRAINING 10 USC § 280 provides that the SECDEF, in cooperation with the U.S. Attorney
General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement
personnel of the political subdivisions of each State). Individuals who wish to attend are responsible for funding
their own travel expenses. The briefing will include information on training, technical support, equipment, and
facilities that are available to civilian law enforcement personnel from the DoD. The state shall provide program
participants training material as discussed during the annual LESO training which includes information on
property management best practices to include (but not limited to) searching for property, accounting for property
on inventory, transfer and turn-in of property when it is no longer needed or serviceable.
8) ENROLLMENT The LESO shall establish and implement program eligibility criteria IAW 10 USC § 2576a,
DLA Instructions and Manuals and this SPO and retains final approval/disapproval authority for application
packages forwarded by the State. Non-governmental law enforcement entities such as private railroad police,
private security, private academies, correctional departments, prisons, or security police at private
schools/colleges are not eligible to participate. Fire departments (by definition) are not eligible to participate and
should be referred to the DLA Fire Fighter program administered by USDA. Law enforcement agencies
requesting program participation shall have at least one full-time law enforcement officer. Program property may
only be issued to full-time/part-time law enforcement officers. Non-compensated reserve officers are not
authorized to receive property. State law enforcement training facilities/ academies may be authorized to
participate in the program given their primary function is the training of bona fide State/local law enforcement
officers. Law enforcement training facilities/academies will be reviewed on a case-by-case basis. The State shall:
a)Validate the authenticity of state/LEAs that are applying for program participation. Only submit to the
LESO those application packages that the SC/SPOC recommends/certifies are government agencies whose
primary function is the enforcement of applicable federal, State, and local laws and whose compensated
officers have the powers of arrest and apprehension. If the State forwards an unauthorized participant
application package, this may result in a formal suspension of the State.
b)Have sole discretion to disapprove state/LEA application packages in their State. The SC/SPOC should
provide notification to the LESO when application packages are disapproved at the State-level.
c)Ensure that screeners listed in the application package are employees of the LEA. A screener may only
screen property for two LEAs. Contractors may not conduct screening on behalf of a LEA.
d)Make recommendation on what constitutes a -part-time
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.
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f) Provide the LEA a comprehensive program overview once approved by the LESO for enrollment. The
overview will be done within 90-days of a LEA being approved to participate.
9) PROPERTY ALLOCATION
a)The LESO shall:
i) Upon receipt of a SC/SPOC validated request for property through the Reutilization/Transfer/Donation
(RTD) website, will review and give preference to requisitions indicating that the requested property will
be used in the counter-drug, counter-terrorism, disaster-related emergency preparedness, or border
security activities of the requesting LEA. Program participants that request vehicles used for disaster-
related emergency preparedness, such as high-water rescue vehicles, should receive the highest
preference.
ii) Require additional justification for small arms, aircraft, ammunition, and vehicles and to the greatest
extent possible, ensure fair and equitable distribution of property based on current LEA inventory and
justification for property.
iii)Reserve the right to determine and/or adjust allocation limits, to include the type, quantity and location
of property allocated to the State/LEA. Generally, no more than one item (per part-time/full-time officer)
will be allocated. Quantity exceptions may be granted by the LESO on a case-by-case basis based on the
justification provided by the LEA. Currently, the following allocation limits apply:
(1) Robots: one (of each type) for every ten officers (full-time/part-time).
(2) High Mobility Multipurpose Wheeled Vehicle (HMMWV)/Up-Armored HMMWV (UAH):
one vehicle for every three officers (full-time/part-time).
(3) Mine Resistant Ambush Protected (MRAP) / Armored Vehicles: two vehicles per LEA.
(4) Small arms: one (of each type) per officer (full-time/part-time).
(a) LESO may authorize over allocations of small arms in preparation for inevitable scenarios,
i.e. training, equipment downtime (damage, routine maintenance, inspections) or other law
enforcement needs. The chart below is the standard for small arms acceptable over-allocations:
(b) In instances where small arm allocation amounts
exceed the -
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:
Small 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
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i) Assist the LEA in the use of electronic screening of property via the RTD website and shall access the
RTD website a minimum of once daily (Monday-Friday) to review and process LEA requests for
property. Property justifications shall be validated to ensure they meet the intent of 10 USC § 2576a as
suitable for use by agencies in law enforcement activities. Prior to approving a request or transfer, review
the LEAs property allocation report to prevent over allocation.
ii) Upon receipt of a valid LEA request for property, provide a recommendation to the LESO on the
preference to be given to those requisitions for property that will be used in counter-drug,
counter-terrorism, disaster-related emergency preparedness or border security activities of the recipient
agency. Requests for vehicles used for disaster-related emergency preparedness, such as high-water
rescue vehicles, should receive the highest preference. The State shall consider the fair and equitable
distribution of property based on current LEA inventory and LEA justifications for property. The State
shall ensure the type and quantity of property being requested by LEAs is reasonable and justifiable given
the number of officers (full-time/part-time) and prior requisitions for similar items they have received
(both controlled and non-controlled property). Generally, no more than one of any item per officer (full-
time/part-time) will be allocated.
10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain of custody
(i.e. anacceptable 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 State/LEA. The State/LEA is responsible for funding all packing, crating,
handling, and shipping costs for ammunition. The LEA will make reimbursements directly to the USA.
Ammunition will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange,
barter, transfer, or to secure a loan. Ammunition obtained via the program shall not be sold. Ammunition will
be treated as a consumable item and not tracked in any DLA inventory system or inspected during PCRs.
LESO shall track and maintain necessary records of ammunition that has been transferred to LEAs and will
post all requests, approvals, and denials on the LESO public website.
d) Small arms:
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i) Small arms will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent,
exchange, barter, transfer, or to secure a loan and shall be returned to DLA Disp Svcs at the end of their
useful life. Cannibalization of small arms is not authorized.
ii) Temporary modifications to small arms are authorized; permanent modifications to small arms are not
authorized (i.e. drilling holes in the lower receiver of a small arm). In cases of temporary modifications,
all parts are to be retained and accounted for in a secured location under the original serial number for the
small arm until final disposition is determined. If the modified small arm is transferred to another LEA,
all parts will accompany the small arm to the receiving LEA.
iii)Small arms will be issued utilizing an acceptable ECR which obtains certain information about the
property being issued to include (but is not limited to) the signature of the law enforcement officer who
is accepting responsibility for the small arm(s), the serial number of the small arm, the date in which the
law enforcement officer took possession of the small arm, etc.
iv) Small arms that are not carried on an 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 State/LEA may be required to reimburse DLA the fair market
value of the small arms when negligence, willful misconduct, or a violation of the MOA between the
Federal Government and the State/U.S. Territory and/or this SPO is confirmed at the conclusion of
the Financial Liability Investigation of Property 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)
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a)The LESO shall:
i) Conduct PCRs to ensure that the SC/SPOC, and all LEAs within a State are compliant with the terms
and conditions of the program as required by 10 USC § 2576a, the MOA between the Federal Government
and the State/U.S. Territory and/or this SPO and any DLA Instructions and manuals regarding the
program. PCRs are conducted to ensure property accountability, program compliance, and program
eligibility.
ii) Conduct PCRs for participating States every 2 years, providing training to the State/LEA as needed.
iii) Reserve the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a
more frequent basis for any State/LEA.
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 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
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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.
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
State/LEA to the LESO. The SC may suspend or terminate a State/LEA participation in the program
at any time for non-compliance.
12) ANNUAL PHYSICAL INVENTORY Each State/LEA is required to conduct an annual physical inventory
of all property on the active property book and provide certification in the property accounting system. DEMIL
physical inventory period.
In the State of Colorado, the annual physical inventory and certification in the property accounting system process
starts on August 1st and must be completed by September 1st. 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.
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d)Adhere to annual physical inventory certification requirements as identified by the LESO. Physical
inventories and certification statements will be maintained on file IAW the DLA records schedule.
e)Annually certify property is utilized and is within allocation limits IAW the MOA between the Federal
Government and the State/U.S. Territory and this SPO .
f) Recommend suspension of program participants who fail to complete or submit the certified annual
physical inventory.
13) REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any property identified as LSD
on a LEA current inventory, shall be reported to the State/LESO. A FLIPL (aka the DD Form 200) shall be
submitted to the State/LESO for LSD property. Program participants agree to cooperate with investigations into
LSD property by any federal, state, or local investigative body and, when requested, assist with recovery of LSD
property.
a)LSD controlled property shall be reported to the State/LESO within 24-hours. Program participants may
be required to provide their SC/SPOC additional documentation which may include (but is not limited to):
1) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the Civilian Governing
Body (CGB) over the LEA involved, to include: Title, Name, Email, and mailing address.
b)-days.
14) RESTRICTION, SUSPENSION OR TERMINATION Program participants are required to abide by the
terms and conditions of the MOA between the Federal Government and the State/U.S. Territory and this SPO in
order to maintain active program participation status. If a State/LEA fails to comply with any term or condition
of the MOA, SPO, DLA Instruction or Manual, federal statute or regulation, the State/LEA may be suspended,
terminated, or placed on restricted status. Restriction, suspension, or termination notifications will be in writing
and will identify remedial measures required for reinstatement (if applicable).Suspension-A specified period in
which an entire State/LEA is prohibited from requesting or receiving additional property through the program.
Additional requirements may be implemented, to include the State/LEA requirement to return specifically
identified controlled property. Suspensions will be for a minimum of 60-days.Termination-The removal of a
State/LEA from program participation. The terminated State/LEA shall transfer or turn-in all controlled property
previously received through the program at the expense of the State/LEA involved.Restricted Status-A specified
period in which a State/LEA is restricted from receiving an item or commodity due to isolated issues with the
identified item or commodity. Restricted status may also include restricting a State/LEA from all controlled
property.
a) State termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete
the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements.
b) LEA termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete
the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements.
c) In the event of a termination, the State/LEA will make every attempt to transfer the property of the
terminated State/LEA to an authorized State/LEA, as applicable, prior to requesting a turn-in of the property
to DLA Disp Svcs. In cases that require a repossession or turn-in of property, the State/LEA will bear all
expenses related to the repossession, turn-in or transfer of property to DLA Disp Svcs.
d)The State shall:
i) Suspend LEAs for a minimum of 60-days in all situations relating to the suspected or actual abuse of
property or requirements and/or repeated non-compliance related to the terms and conditions of this SPO.
Suspension may lead to termination.The Stateshall also issue corrective action guidance to the LEA with
suspense dates to rectify issues and/or discrepancies that caused the restriction, suspension, or
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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, suspensionor termination is not automatic.
ii) Initiate corrective action to rectify suspensions or terminations of the LEA for non-compliance to the
terms and conditions of the program. The State shall also make contact (until resolved) with suspended
LEAs to ensure corrective actions are rectified within required timeframes provided by the LESO.
iii)Require the LEA to complete and submit results on completed police investigations or reports
regarding LSD property. The State will submit all documentation to LESO upon receipt.
iv)Provide documentation to LESO when actionable items are rectified for the State/LEA.
v) Request that the LESO suspend or terminate an LEA based upon their findings during State-level
internal PCR or due to non-compliance with any term of this SPO, DLA Instruction/Manualor 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.
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 1348-1A for transfers, turn-ins,
requisitions, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 5 and 10.
a) LEAs will send copies of all receipts and property records to the SC/SPOC within 30 days, including
acquisition, transfer, turn-in, and any other pertinent documentation and/or records associated with LESO
Program.
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 Commerce Control List (CCL)items can be found at the U.S. DoCBureau
of Industry and Security website https://www.bis.doc.gov/. 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
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in writing. Unless the State takes immediate action to terminate the MOA between the Federal Government and
the State/U.S. Territory and/or this SPO, such modifications or amendments will become binding. In such cases,
reasonable opportunity will (insofar as practicable) be afforded the State/LEA to conform to changes affecting
their operations.
18) ANTI-DISCRIMINATION By signing or accepting property, the State/LEA pledges agreement to comply
with provisions of the national policies prohibiting discrimination: 1) On the basis of race, color, or national
origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DoD regulations 32
CR Part 195, 2)On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented
by Department of Health and Human Services regulations in 45 CFR Part 90 and 3) On the basis of handicap, in
Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act Amendments
of 1974, P.L. 93-516 (29 USC 794), as implemented by Department of Justice (DoJ) regulations in 28 CFR Part
41 and DoD regulations at 32 CFR Part 56. These elements are the minimum essential ingredients for
establishment of a satisfactory business agreement between the State and the DoD.
19) INDEMNIFICATION CLAUSE The State/LEA is required to maintain adequate liability insurance to
cover damages or injuries to persons or property relating to the use of property issued under the program.
Self-insurance by the State/LEA is considered acceptable. The USG assumes no liability for damages or injuries
to any person(s) or property arising from the use of property issued under the program. It is recognized that State
and local law generally limit or preclude the State/LEA from agreeing to open ended indemnity provisions.
However, to the extent permitted by State and local laws, the State/LEA shall indemnify and hold the USG
out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness
or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the
property of any legal or political entity including States, local and interstate bodies, in any manner caused by or
contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while the
property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or
employees after the property has been removed from USG control.
20) TERMINATION This SPO may be terminated by either party, provided the other party receives a thirty
(30) day notice (in writing) or as otherwise stipulated by Public Law. The undersigned SC hereby agrees to
comply with all provisions set forth herein and acknowledges that any violation of the terms and conditions of
this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of
criminal prosecution if so warranted.
21) AGREEMENT OF PARTIES The parties below agree to enter this agreement as of the last date below:
Governor-appointed SC/SPOC, State of: ____________________________________
Full Name (Print): _______________________________________________
Signature (Sign): _________________________________________Date (MM/DD/YYYY): ______________
Chief Law Enforcement Official (CLEO) (or designee): ____________________________________________
Title (Print): _______________________________________________________________________________
Full Name (Print): __________________________________________________________________________
Signature (Sign): _________________________________________Date (MM/DD/YYYY): ______________