State Plan of Operation Between

STATE PLAN OF OPERATION BETWEEN

THE STATE OF NORTH DAKOTA

AND THE

______

I.PURPOSE

This State Plan of Operation (SPO) is entered into between the State of North Dakota and the______to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) personal property which is transferred pursuant to Title10 USC § 2576a and to promote the efficient and expeditious transfer of the property and to ensure accountability of the same.

II.AUTHORITY

TheSecretaryofDefenseis authorized byTitle10 USC§ 2576ato transferto Federal and State Agencies, personal propertythat is excess to theneeds oftheDOD and thattheSecretary determines is suitableto beused bysuch agenciesin law enforcement activities, with emphasis on counter-drug/counter-terrorism activities, undersuch terms prescribed bythe Secretary. The authorities granted to theSecretaryofDefensehavebeendelegated to the DLA in determiningwhetherpropertyis suitableforusebyagencies in lawenforcement activities. DLA defines law enforcement activities as activities performed by government agencies whoseprimaryfunction is the enforcement of applicableFederal,State, and local laws and whosecompensated law enforcement officers havepowers of arrest and apprehension.

III. GENERAL TERMSAND CONDITIONS

A. Operational Authority.

The Governor of the State of North Dakota has designated in writing with an effective date of February 25, 2013 to implement this program statewide as well as conduct management and oversight of this program. Funding to administer this program is provided by North Dakota Surplus Property. The funding is used to administer the program and to provide support and assistance to the Law Enforcement Agencies (LEAs), via computer/telephone assistance and occasional physical visits to the LEAs. The facilities, staffing to provide the support to the LEAswithin the State of North Dakota are as follows:

State Coordinator (SC): Alan Brinkman

The State Coordinator contact information is:

Agency Address/Location:600 East Boulevard Avenue, Dept. 15, Bismarck ND 58505

EMAIL/Contact Phone Numbers: , 701-328-9665

Fax Number:701-328-9669

Hours of Operation: 8:00 AM to 4:00 PM Monday through Friday

TheDLA LESO hasfinal authorityto determinethetype,quantity, and location of excess DODpersonal propertysuitable for conditional transfer tolawenforcementactivities.

B. This agreement creates no entitlement to theLEAto receive excess DOD personal property.

C. Propertyavailableunderthis agreement is forthe current useof authorized program participants; it will not be requested norissued forspeculativeuse/possiblefutureuse. Propertywill not beobtained forthepurposeofsale, lease, loan, personal use, rent, exchange, barter, to securealoan, orto otherwisesupplement normalLEA orState/localgovernmental entities budgets. All requests forpropertywill bebased on bona fidelaw enforcement requirements. Underno circumstances will property besold orotherwisetransferred to non-U.S. persons or exported. Loaningto non-participants oftheDLALESO Program is not authorized.

D. Requests forpropertysolelyforthepurposeofcannibalization, and cannibalization of DOD propertycurrentlyon anLEAinventory,must be submitted in writingthru the State Coordinators office toDLA Disposition ServicesLESO for approval. TheDLA Disposition ServicesLESO will consider cannibalization requests on a case-by-case basis. Any transportation, repair, maintenance, insurance, disposal or other expenses associated with these assets is the sole responsibility of the LEA.

E. TheDLADisposition ServicesLESO reserves the right to recall anyand all property issued through theLESOProgram.

F. TheDLA Disposition ServicesLESO conditionallytransfersexcess DOD propertyto States/LEAs enrolled in theLESO Program. DLADisposition ServicesLESO retains permanent titleto propertywith Demilitarization (DEMIL)Codes ofB, C,D, E, F, Gand Q (with anIntegrityCodeof3), propertywith theseDEMILcodes is also known as controlled property. OncetheState/LEA no longerhave useforpropertyin theseDEMIL codes the propertymust eitherbetransferred to anotherLEA with State approval first or returned to DLA Disposition Servicesfordisposal.

G. TheDLA Disposition ServicesLESO permanentlypasses titleto propertywith DEMIL Codes of “A”and “Q”(with anIntegrityCodeof“6”)to theState/LEAafteroneyearfrom theinitial transferto the State/LEAs propertybookfrom theDLA Disposition Services inventory.

1. Propertywith DEMIL Codes of “A”and “Q”(withIntegrityCodeof6)will be systematicallyarchived upon meetingtheoneyearmark and will no longerbeon the LEAs inventory. Priorto this propertybeing archived, theState and/orLEAs arestill responsible fortheaccountabilityand physical control oftheitem (s).

2. Archived propertyisnot subject to annual inventoryrequirements, andwill not be inventoried duringState orDLA Disposition ServicesLESO Program ComplianceReview (PCR).

3. TheState and/orLEAmaydisposeorsell DEMIL “A”and “Q” (withIntegrityCode of6)items that havebeen archivedfrom thepropertybook, in accordancewith applicableFederal, Stateand local laws.

H. StateandLEAs arenot authorized to transferorturn-in propertyissued undertheLESO Program without State and DLA Disposition ServicesLESO approval. Propertywill not physically moveuntil the approvalprocess is complete.

I.Propertyobtained underthis SPO must beplaced into usewithin one(1)yearof receipt, unless the condition ofthepropertyrenders it unusable, in which casethepropertycan be returned to thenearest DLADisposition Services Site. Ifpropertyis not put into usebythe LEAwithin one (1)year,theState/LEA must coordinateatransferofpropertyto another LEA or request aturn-into return thepropertyto thenearest DLA Disposition Services Site.

IV.ENROLLMENT

A. For the purposes of this program, law enforcement activities are defined as Government agencies whose primary function is the enforcement of applicable Federal, State, Local laws, and whose compensated officers have powers of arrest and apprehension.

B. TheStateand LEA’s shall:

1. LEA submits the Application for Participation to the State Coordinator for their approval.

2. EnsureonlyauthorizedLEAapplications forLESO Program enrollmentare submitted.

3. Approve/disapprove applicants in theLESO Program. TheStateCoordinatorwill onlycertifyLEAs thataregovernment agencies whoseprimaryfunction is the enforcement ofapplicableFederal, State, andlocal laws and whose compensatedofficers havethepowersof arrest and apprehension.

4. EnsureLEAs enrolledintheLESOProgramupdatetheir account informationannually in the current property accounting system. Annualupdateisdefinedas365daysfrominitialdateof enrollment and/orlastupdate.

5. Providea comprehensiveoverview oftheLESO Program to allLEAs oncetheyare approved for enrollment.

V.ANNUALINVENTORY REQUIREMENT

A. Per the DLA Memorandum of Agreement (MOA)between DLAandtheState,it isrequiredtoconductan annual inventorycertificationofcontrolledproperty.

B. TheState and LEA’s shall:

1. Receive and validateincomingcertifiedinventoriesand reconcileinventories with theLEA.

2. Ensure theLEAs provideserial numbers identifiedin annual inventoryprocess for inclusion in theDLA Disposition Services propertyaccountingsystem, forAircraft, Watercraft, Tactical Vehicles and Weapons and otheruniqueitems, as required.

3. Send confirmation, to theStateCoordinator,when the LEAs inventoryis reconciled in theDLA Disposition ServicesLESO propertyaccountingsystem. Thiswill serve as theState’s confirmation thatLESO Program controlled propertywithin his/herStatehas been reconciled in theaccountingsystem of record.

4. The State may suspend/terminatean LEA, asa result ofthe LEAsfailuretoproperly conduct and/orcertifyand submit certified inventories, accordingto the aforementioned requirements.

a. The LEA will complete inventories fortheiragency byJanuary31stofeachyear. The Fiscal Year(FY)isdefined as October1stthrough September30thofeach year. Thisprovides theLEAs fourmonths to physicallyinventoryLESO Program propertyin theirpossession, and submit their certified inventories to theirState Coordinators.

b.Inadditiontothe certifyinginventories,theStaterequiresphotographsfor allAircraft,Watercraft, Tactical Vehicles, NVGsand Weapons receivedthrough theLESOProgram.

(1)TheState requires front, sideanddata platephotos forAircraft,Watercraft,TacticalVehiclesand other unique items as required that are received throughtheLESOProgram.

(2)TheState requires submission of serialnumberphotos for each Aircraft, Watercraft, Tactical Vehicles,NVGs, Weaponsand other unique items as required that arereceivedthrough theLESOProgram.

c. LEAs thatfailto comply with the inventorybyJanuary31stmay besuspended/terminated fromoperationswithintheLESOProgram. Furtherfailureto submittheinventorymayresultin aLEAtermination.

d. Validatetheaccountabilityofall High Profile(Aircraft, Watercraft, Tactical Vehicles, NVGsand Weapons), High Awareness(Demilitarization required)propertywith eachLEA followingadomesticdisasterwithin 60 days byhavingthemconduct a physical inventory.

e. TheLEA is awarethat High ProfileCommodities (Aircraft, Watercraft, Tactical Vehicles, NVGsand Weapons),High Awareness (Demilitarization required)propertyis subject to additional controls.

VI. PROGRAMCOMPLIANCEREVIEWS

The State of North Dakota in accordance with the DLA Disposition Services Memorandum of Agreement is subject to Biannual Program Compliance Reviews. This review includes Law Enforcement Agencies that have DLA LESO issued property in their possession. Law Enforcement Agencies that may be selected by the DLA LESO will be subject to a DLA LESO Property and documentation review. As a participant in the DLA LESO Program your Law Enforcement Agency may be subject to selection in these reviews. In addition to this requirement, the State willconduct annual internal 5% Program ComplianceReviews ofLEAs participatingin theLESO program in orderto ensure accountability, program compliance and validate annual inventorysubmissions are accurate. Results ofinternal PCRs in terms ofLEA non- compliancewith terms and conditions oftheLESO Program will bekepton-file at the StateCoordinator’s Office.

1. TheState internal reviewwillinclude,at minimum:

(a)A reviewofeach selectedLEAsLESOProgramfiles.

(b)A reviewofthesigned StatePlanofOperation.

(c)A reviewoftheLEAapplication and screener(s) letter.

(d)A physical inventoryand/or approved custody card verification of LESOProgram propertyateach selectedLEA.

(e) A review of property accountability procedures to include the following

criteria;

The proper security and storage of assets. (Secure controlled area with limited access).
Asset tracking and sign out procedures in place for LESO assets.
Prior approval of any transfer of high visibility assets.
Reporting of all lost, missing or stolen assets.
Identification of all unused property**

**The State and/or LEA will bear all expenses related to the repossession, transfer or turn-in of LESO Program property to a different LEA or the nearest DLA Disposition Service site.

(f)Aspecificreviewofeachselected LEAsfilesforthe following: DD Form1348-1A foreach item currentlyon inventory,weapons documentation, transferdocuments, turn-in documents, inventory adjustment documents, exceptiontopolicyletters(if any), approved cannibalizationrequests(ifany)and otherpertinent documentationasrequired.

VII. REPORTINGREQUIREMENTSFOR LOST, MISSING, STOLEN, DAMAGED OR DESTROYED LESO PROGRAMPROPERTY

A. All propertymissing,lost, stolen, damaged, ordestroyed must be reported to the State and DLA Disposition ServicesLESO.

1. Excess DOD personalpropertywith aDemilitarization CodeofB,C, D, E, F, G and Q (with anIntegrityCodeof3)must bereported to the State andDLA Disposition ServicesLESO within twenty-four (24)hours.

2. Excess DOD personalpropertywith aDemilitarization CodeofA orQ(with an IntegrityCodeof6)mustbe reported to the State and DLADisposition ServicesLESO within seven (7)days.

3. All reports aresubjectto theDLA OfficeoftheInspectorGeneral (OIG)inspection.

B. TheDLADispositionServicesLESOmaygrantextensionstothereportingrequirements listedabove,ona casebycasebasis.

VIII. AIRCRAFTANDWEAPONS

A. Aircraft (fixed wingand rotarywing), maybetransferred to theLEA forits usein law enforcement activities. TheStatePlan ofOperation must ensurethat allLEAs and all subsequent users areawareof andagreeto provide all required controls and documentation in accordancewith applicablelawsand regulations fortheseitems.

Additionally, the followingconditions apply:

Aircraft acquired prior to September30, 1996, underthe1208 Program wereconsidered “1208 Aircraft”. PublicLaw 104-201, Section 1033 (b) (1)repealed all Section 1208. Therefore,all aircraft and/or aircraft partsareconsideredLESO Programaircraft and/or aircraft parts as ofSeptember30, 1996. [As repealed byPub.L. 104-201 Sec. 1033 (b) (1)]. Sale, tradeortransferof aircraft and/oraircraft parts (acquired priorto September 30, 1996)maybe authorized bytheDLADisposition ServicesLESO, on acasebycase basis. TheDLA Disposition ServicesLESO reserves the right to approveordeny requests forsale, tradeortransferof allLESO Program aircraftand/or aircraft parts, regardless ofwhen the aircraft was originallyacquired.

B. Law Enforcement Agencies no longer requiring LESO Program weapons must request authorization to transfer or return weapons. Transfers and turn-ins ofweapons must be approved bytheState Coordinator and theDLA Disposition ServicesLESO. Weapons will notphysicallymove until the approval process is complete. Weapons that areissued must haveadocumented chain ofcustody, with the chain ofcustodyincludingasignatureofthereceivingofficer indicatingthat he/shehasreceived the appropriateweapon(s)with the correct, specificserial number(s).

IX. RECORDSMANAGEMENT

A. StateCoordinator andLEAsenrolled in theLESO Program, must maintain all records in accordancewith theDLA Records Schedule. Records forpropertyacquired through theLESO Programhave retention controls based on the propertiesDEMILcodes. Alldocuments concerningapropertyrecord must be retained.

1. Propertyrecords foritems with DEMILcodesofA and Q (with aDEMILIntegrity codeof6)must beretained fortwo calendaryears(CY) from approval dateand then maybedestroyed.

2. Propertyrecords foritems with DEMILcodesofB, C, D, E,F, G andQ(with a DEMIL Integritycodeof3)must be retainedfor5years orforthelifespanofthe property, whicheveris longer.

3. Environmental Propertyrecords must beretained for fifty years,regardless of DEMILcode (Chemicals, Batteries, Hazardous Material/Hazardous Waste).

4. LESO Program filesmust besegregatedfromall other records.

5. All propertyrecordsmust be filed, retained,and destroyed in accordancewith the DLA RecordsSchedule. These records include, but arenot limited to the following: DRMS Form 103, DDForm 1348-1A, requests fortransfer, turn-in, ordisposal,approved Bureau ofAlcohol, Tobacco, Firearms and Explosives (BATFE)Forms 10and 5, CertificateofAircraft Registration (ACForm 8050-3), Aircraft Registration Application (AC8050-1) andanyotherpertinent documentation and/or records associated with the LESO Program.

X.PROPERTY ALLOCATION

TheStateand LEA’s shall:

1. EnsureLEAs submit appropriatejustifications when requesting excess DOD property viatheLESO Program, and will ensureLESO Program propertywill beused forlaw enforcement purposes only.

2. Access theDLA Disposition ServicesLESOWebsiteon aweeklybasis fortimely and accurateguidance, information and links concerningtheLESO Program and ensure that all relevant information is passed on to participating LEAs.

3. Encourage and assistthe Law Enforcement Agencies in theuseof electronicscreeningofpropertyviatheDLA Disposition Services Reutilization, Transfer and Donation (RTD) Web.

4. Upon receipt ofavalidLEArequest forproperty, submit requeststhat ensure fair andequitabledistribution ofpropertyto thegreatest extent possiblebased on current LEA inventoryandLEA justification forproperty. Generallynomorethan oneof anyitem perofficerwill be allocated.

5. Maintain access to theDLA Disposition Services RTD Websiteto approve/ disapprovetransfers, turn-insand disposal requestsfrom anLEA orto generatethese requests at theStatelevel and forward all approvals to theDLADisposition Services LESO for action.

6. Assist theLEAs withenrollment, propertyrequest, transfer, turn-in and disposal procedures.

7. Review propertyrequests in theDLA Disposition Services RTD Website and propertyreceipts andconduct monthlyreconciliations ofpropertyrecords.

8. Access theDLA Disposition Services RTD Web at aminimum ofoncedaily (Mondaythru Friday)toprocessLEAsrequests for excess DOD property.

XI. PROGRAMSUSPENSION &TERMINATION

A. TheLEAisrequiredtoabidebytheterms andconditions oftheState Plan of Operation in orderto maintain activestatus.

B. TheStateand/or DLA LESO shallsuspend or terminate an LEA:

1. Suspend LEAsin all situations relatingto thesuspected oractualabuseof LESO Program propertyorrequirements and/orrepeatedfailureto meet theterms and conditions oftheSPO. Suspension maylead to TERMINATION.

2. Suspend or terminate an LEA(s) and/or LEA POC(s) based upon their findings during internal program compliance reviews and/or spot checks at the State level.

3. Require the LEAs to complete and submit results regarding all completed police investigations and/or reports regarding lost, missing, stolen and/or damaged LESO Program property. The LEA must submitall documentation to the State and DLADisposition ServicesLESO upon receipt.

4. Initiatecorrectiveaction to rectifysuspensionsand/orterminations placed upon the LEAs for failureto meet theterms and conditionsoftheLESO Program.

5. The State Coordinator willmaintain contact (until resolved)with suspendedLEA(s)within his/herStateto ensure correctiveactions arerectified bytimeframeprovided bytheDLA Disposition Services LESO.

6. Providedocumentation to the State and DLA Disposition ServicesLESO whenactionable items are rectified bytheLEA.

7. In theevent ofaLEA termination,theStateCoordinatorwill make every attempt to transfertheLESO Program propertyoftheterminated LEA to an authorized LEA,as applicable, priorto requestingaturn-in ofthepropertyto thenearest DLA Disposition ServicesSite.

8.In cases relatingto anLEA termination, theLEA will have60 days to completethetransferorturn-in of allLESO Program propertyin theirpossession.

9. Request reinstatementviatheStateCoordinatororSPOC(s)to full participation status at the conclusion ofasuspension period.

10. The DLA Disposition Services LESO Program Manager has final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not automatic.

XII. COSTSFEES

All costs associated withthetransportation, turn-in, transfer,repair, maintenance, insurance, disposal, repossession orother expenses related to propertyobtained through theLESO Program, is thesole responsibilityoftheLEA.

XIII. NOTICES

The State or DLA Disposition ServicesLESO, may, from timeto time, proposemodifications or amendments to theprovisions ofthis SPO. Insuch cases,reasonableopportunitywill, insofar as practicable, beafforded theStateCoordinator or LEA to conform changesaffectingtheir operations.

XIV. ANTI-DISCRIMINATION

A. Bysigningthis SPOor accepting excess DOD personal propertyunderthis SPO, the Statepledges that it and eachLEA agrees to complywith applicableprovisions ofthe followingnational policies prohibitingdiscrimination:

1. On thebasis of race,color, ornational origin, in TitleVIoftheCivil Rights Act of 1964 (42 U.S.C. 2000d et seq.) as implemented byDOD regulations 32 CR Part 195.

2. On thebasis ofage, in theAgeDiscriminationAct of1975 (42 USC6101, et seq) as implemented byDepartment ofHealth andHumanServices regulations in 45 CFR Part 90.

3. On thebasis ofhandicap, in Section 504 ofthe Rehabilitation Act of1973, P.L. 93-112, as amended bythe Rehabilitation Act Amendments of1974, P.L. 93-516 (29 U.S.C. 794), as implemented byDepartment ofJustice regulations in 28 CFR Part 41 and DOD regulations at32 CFR Part 56.

B. Theseelements areconsidered theminimum essential ingredients for establishment ofa satisfactorybusiness agreement between theStateand theLEA.

XV. INDEMNIFICATION CLAUSE

A. To the extent permitted bylaw, theStateCoordinator/LEA shall indemnifyandhold the U.S. Government harmless from anyand all actions, claims, debts, demands, judgments, liabilities, cost, and attorney’s fees arisingout of,claimed on account of, orin anymanner predicated upon loss of,ordamageto propertyand injuries, illness ordisabilities to, ordeath of anyand all persons whatsoever, includingmembers ofthegeneral public, orto the propertyof anylegal orpolitical entityincludingstates, local and interstatebodies, in any mannercaused byorcontributed to bytheState/LEA, its agents, servants,employees, or anyperson subject to its control whilein, upon or about thesalesite and/orthesiteon which the propertyis located, orwhilethepropertyis in thepossession of, used by, orsubject to the control oftheState/LEA,its agents, servants, oremployeesafterthepropertyhas been removed fromU.S. Government control. TheStatewill maintain or assurethat theLEA maintains adequateinsuranceto coverdamages orinjuries to persons orpropertyrelatingto theuseoftheproperty. Self-insurancebytheState/LEA is consideredacceptable. TheU.S. Government assumes noliabilityfordamages orinjuries to anyperson(s)orpropertyarising from theuseoftheproperty.

XVI. TERMINATION

A. This State Plan of Operation maybeterminated byeitherparty,provided theotherpartyreceives thirty(30)days’ notice, in writing, oras otherwisestipulated byPublicLaw.

B. Theundersigned Chief Executive Official for the LEAherebyagrees to complywith all provisions set forth herein andacknowledgesthat anyviolation oftheterms and conditions ofthis SPO maybe groundsforimmediatetermination and possiblelegalconsequences, to includepursuit of criminal prosecution ifso warranted.

XVII. IN WITNESS THEREOF, theparties hereto have executed this agreement as ofthelast datewritten below.