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22-R-133 DLA Defense Logistics Agency AgreementRESOLUTION NO. 22-R-133 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A STATE PLAN OF OPERATION AGREEMENT WITH DEFENSE LOGISTICS AGENCY ("DLA") AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a State Plan of Operations agreement with Defense Logistics Agency relating to the Law Enforcement Support Office ("LESO") Program and WHEREAS, the LESO program provides enhanced response capability by granting access to specialized and expensive equipment to the Schertz Police Department; and WHEREAS, this program provides the equipment at no cost to the City and/or Tax Payers; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Defense Logistics Agency pursuant to the State Plan of Operation Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with DLA in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 6th day of December, 2022. CITY OF SCHERTZ, TEXAS - A027: - Ralp utie"Froz, Mayor ATTES Shei a Edmondson, Interim City Secretary (CI7 50234811.1 EXHIBIT A AGREEMENT 50234811.1 A-1 Certification of Notification To: Texas LESO Program Manager Texas Department of Public Safety 5805 N. Lamar Blvd MSC 0218 Austin, Texas 78752 I do, hereby certify that the City of Scl has notified the public and the Civilian acquire any controlled property deems below, from the Law Enforcement Su year. Hereafter, the law enforcement agen Governing Body (CGB) no later than comprehensive list of controlled pro following fiscal year. Weapons (pistols, shotguns, long rifles), I Aircraft (Fixed & Rotary), Aircraft parts, & NTAVs), Vehicle parts, Weapon -mount Devices (including thermal equipment), G Tactical cargo vehicles (fDLV WV , Cargo Wheel assemblies, Tools (hand, pneumati Decontamination Equipment, Computers e Telephone Equipment, Generators, Lightin; batons over 2 ft., wearable gear & shields), Signed and Chief Law James W (Print Naar, (Signature )r Law Enforcement Agency to Potentially Controlled Property Police Department 'erring Body (CGB) that it may potentially request and ;cessary contained on the comprehensive list outlined t Office (LESO) Program within the following fiscal named above, will notify the public and the Civilian y 1 of each consecutive year, by providing an updated ty that it may potentially request and acquire in the eapon modification kits, Weapon parts, Training Weapons. mored Vehicles (MRAPs, Peacekeepers, Armored HMMWVs 1 optics & lasers, Handheld Optics & lasers, Night Vision tical & sighting equipment (range finders, boresights etc), •ricks), Watercraft, Unmanned Ground Vehicles (all robots), & power), Purpose-built Handheld Breaching Equipment, peripherals, Camouflage & deception equipment, Radio & & observation towers, Riot gear (helmets, face shields, fixed ,apability Sets, and Camera Sets. this day of _ _ 2022. Official (CLEO) Jr., Chief of Police & Official Title) DEFENSE LOGISTICS AGENCY DISPOSITION SERVICES 74 WASHINGTON AVENUE NORTH BATTLE CREEK, MICHIGAN 49037.3092 GPL August 15, 2022 MEMORANDUM FOR LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM PARTICIPATING LAW ENFORCEMENT AGENCY (LEA) SUBJECT: Addendum to LESO Program State Plan of Operation (SPO) This addendum amends the existing State Plan of Operation (dated February 2021) between the State and Law Enforcement Agency (LEA) and is herein referred to as the SPO Addendum. The SPO Addendum implements requirements found within Presidential Executive Order (EO) 14074 (Section 12), signed on May 25, 2022. In accordance with current SPO-Paragraph 17, notice is being provided of a unilateral change to the SPO. Unless an LEA takes immediate action to terminate the current SPO, the modifications or amendments will become binding. 1) ROLES AND RESPONSIBILITIES The State Shall: a) Ensure each LESO Program participating Law Enforcement Agency (LEA) has signed the LESO- approved SPO Addendum no later than January 1, 2023. The SPO Addendum will be signed by the Chief Law Enforcement Official (CLEO) (or assigned designee), the Civilian Governing Body (CGB), and the current State Coordinator (SC) (or authorized State Point of Contact [SPOC]). b) Provide LESO with a comprehensive list of LEAS who do not sign the SPO Addendum by January 1, 2023. LESO will restrict the LEA to ensure LEA may not request or receive "controlled" property as defined within this addendum. 2) MODIFICATION TO DEFINITION OF "CONTROLLED" PROPERTY This SPO Addendum adds the below items to the "controlled" property definitions currently found in the 2021 SPO. These items are added pursuant to EO 14074 which reestablishes EO 13688. In 2017, the Law Enforcement Equipment Working Group (established by EO 13688), further added, deleted and refined the definitions of "controlled" items in their annual equipment list review. Provisions within the 2021 MOA applicable to "controlled" property apply to the items listed below (regardless of DEMIL and/or DEMIL Integrity Code). Title and ownership of the "controlled" property listed below remains with the DoD in perpetuity and will not be relinquished to the LEA (regardless of DEMIL and/or Integrity Code). The LESO retains final authority to determine what items qualify as "controlled" property. The below items listed in Section 1.2 of Law Enforcement Equipment Working Group (LEEWG) Recommendations (as modified in 2017), will be managed and issued as controlled property unless other restrictions or conditions are noted: a) Manned Aircraft, Fixed Wing: Powered aircraft with a crew aboard, such as airplanes, that use a fixed wing for lift. (Note: These items were previously listed as controlled in LESO Program. Any aircraft without commercial application are prohibited). b) Manned Aircraft Rotary Wing: Powered aircraft with a crew aboard, such as helicopters, that use a rotary wing for lift. (Note: These items were previously listed as controlled in LESO Program. Any aircraft without commercial application are prohibited). Page 1 of 9 c) Unmanned Aerial Vehicles: A remotely piloted powered aircraft without a crew onboard. (Note: These items are not currently issued in the LESO Program). d) Armored Vehicles, Wheeled: Any wheeled vehicle either purpose-built or modified to provide ballistic protection to its occupants, such as a Mine -Resistant Ambush Protected (MRAP) vehicle or an Armored Personnel Carrier (APC). These vehicles are sometimes used by law enforcement personnel involved in dangerous operating conditions, including active shooter or similar high -threat situations. These vehicles often have weapon -firing ports. (Note: These vehicles were previously considered controlled due to DEMIL code and are now prohibited unless certification requirements in Section 3 are met). e) Tactical Vehicles, Wheeled: A vehicle purpose-built to operate on- and off- road in support of military operations, such as a High Mobility Multi -purpose Wheeled Vehicle (HMMWV), 2.5-ton truck, 5-ton truck, or a vehicle with a breaching or entry apparatus attached. These vehicles are sometimes used by law enforcement in rough terrain or inclement weather for search and rescue operations, as well as other law enforcement functions. This excludes commercially available vehicles not tactical in nature, such as pick-up trucks or SUVs. (Note 1: This is LEEWG modified definition from 2017. Note 2: All tactical vehicles will now be considered controlled, and title will not pass. Note 3: Armored vehicles in this category will be considered prohibited unless certification requirements in Section 3 are met). f) Command and Control Vehicles: Any wheeled vehicle either purpose-built or modified to facilitate the operational control and direction of public safety units responding to an incident. Command and control vehicles provide a variety of capabilities to incident Commander, including, but not limited to, the provision for enhanced communications and other situational awareness capabilities. Command and Control Vehicles are similar to a recreational vehicle and can accommodate multiple people at multiple workstations in the command center. This category does not include SUVs and is not intended for other types of vehicles that could serve as a command -and -control center. (Note 1: This is the LEEWG modified definition from 2017. Note 2: Armored vehicles in this category will be considered prohibited unless certification requirements in Section 3 are met). g) Specialized Firearms and Ammunition Under .50-Caliber (excludes firearms and ammunition designed for regularly assigned duties) and less lethal launchers: Weapons and corresponding ammunition for specialized operations or assignment. This includes launchers specifically designed and built to launch less lethal projectiles. This excludes weapons such as service issued handguns, rifles or shotguns that are issued or approved by the agency to be used by all sworn officers/deputies during the course of regularly assigned duties. (Note 1: This is the LEEWG modified definition from 2017. Note 2: The LESO Program only issues weapons under .50 caliber that are designed for regularly assigned duties). h) Explosives and Pyrotechnics: Includes "flash bangs" as well as explosive breaching tools often used by special operations units. (Note: These items were previously prohibited in the LESO Program and are now specifically prohibited in EO 14074). i) Breaching Apparatus: Tools designed to provide rapid entry into a building or through a secured doorway. These tools may be mechanical in nature (a battering ram connected to a vehicle or a propellant), ballistic (slugs), or explosive. This category does not include dual purpose tools such as a sledgehammer or bolt cutter. (Note: This is the LEEWG modified definition from 2017). j) Riot/Crowd Control Batons: Non -expandable of greater length (more than 24 inches) than service - issued types and are intended to protect its wielder during crowd control situations by providing distance from assailants. This category includes all batons with advanced features such as tear gas discharge, electronic or "stun" capabilities. (Note: This is the LEEWG modified definition from 2017). Page 2 of 9 k) Riot Helmets: Helmets designed to protect the wearer's face and head from injury during melees from projectiles including rocks, bricks, liquids, etc. Riot helmets include a visor which protects the face. (Note 1: The LEEWG removed these items from the controlled list in 2017. Note 2: LESO does not issue Kevlar helmets based on DoD policy). 1) Riot/Crowd Control Shields: Shields intended to protect wielders from their head to their knees in crowd control situations. Most are designed for the protection of the user from projectiles including rocks, bricks, and liquids. Some afford limited ballistic protection as well. (Note: This is the LEEWG modified definition from 2017). 3) PROHIBITED ITEMS THAT MAY BE ISSUED FOR LIMITED PURPOSES EO 14074 lists the below items as "prohibited" for issue under the LESO Program; however identifies specific authorized uses for these "prohibited" items if requested, utilized and annually certified as being used only in authorized manners. When utilized in an authorized manner (as indicated in the below example descriptions), the items are categorized as "controlled" property. a) Long Range Acoustic Devices (LRAD) that do not have commercial application- Participating LEAS in the State of Texas, are not authorized to acquire LRAD devices. All requests for these devices, will be denied. b) Vehicles that do not have commercial application- This includes all tracked and armored vehicles, such as a Mine -Resistant Ambush Protected (MRAP), Armored Personnel Carrier (APC), or Armored HMMWV. (Note: This category excludes vehicles with commercial application, such as pick-up trucks, non -armored HMMWVs, 2.5-ton trucks, 5-ton trucks, or SUVs. The LESO Program identifies/defines vehicles with "commercial application" as items with a DEMIL Code of "A" or DEMIL "Q" (with an Integrity Code of 6) that may be sold to the general public under DoD sales programs). i) Authorized uses- EO 14074 allows limited transfer of vehicles that do not have commercial application if the LEA certifies that the vehicle will be used exclusively for disaster -related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti- terrorism preparedness, protection, prevention, response, recovery, or relief. Any other use of these vehicles is not authorized. ii) Annual Certification Requirements- During the LESO Program annual inventory, LEAS with these vehicles must certify that the vehicle(s) is utilized exclusively for disaster -related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti- terrorism preparedness, protection, prevention, response, recovery, or relief. An LEAS signature on the SPO Addendum agreeing to these new terms will serve as initial certification. iii) LEAS that do not have a current SPO Addendum on file by January 1, 2023 or who fail to annually certify that the vehicle(s) use is exclusively for disaster -related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti -terrorism preparedness, protection, prevention, response, recovery, or relief must return vehicle(s) to DLA Disposition Services. 4) ACQUIRING (OR RETAINING) CONTROLLED PROPERTY The State shall: a) Review, verify and only submit to LESO for approval, requests for controlled property by LEAs who have current SPO and SPO Addendum on file with the state. b) Ensure LEAs return controlled property to DLA Disposition Services if the Department of Justice (DOJ) determines or a Federal, State, Tribal, local, or territorial court enters a final judgment finding that the LEA has engaged in a pattcm or practice of civil rights violations. Page 3 of 9 c) Ensure that prior to requesting/acquiring any controlled property, the LEAS: i) Provide written or electronic notification to the local community of its intent to request controlled property. The notification must be translated into appropriate languages to inform individuals with limited English proficiency. The LESO Program would recommend that LEAS provide a notice of intent to request controlled property to the local community on or before January 1, 2023 and at the beginning of each fiscal year (October lst) thereafter. This notification should include a comprehensive list of any controlled property that may be requested throughout the year. If this notice of intent does not include a specific controlled property item, such item may not be requested in the LESO Program until 30-days after an updated notice is published. ii) Provide written or electronic notification to the city council or appropriate local Civilian Governing Body (CGB) of its intent to request controlled property and allow "reasonable opportunity to review" (normally 30-days). The LESO Program would recommend that LEAS provide a notice of intent to the CGB on or before January 1, 2023 and at the beginning of each fiscal year (October 1st) thereafter. This notification should include a comprehensive list of any controlled property that may be requested throughout the year. If this notice of intent does not include a specific controlled property item, such item may not be requested in the LESO Program until 30-days after an updated notice is published. Requests for controlled property must comport with all applicable approval requirements of the CGB. (1) The above requirement includes elected Sheriff's who also shall notify their CGB or city or county government within their jurisdiction. (2) In cases of disagreement between requesting LEAS and CGB, the Governor appointed LESO Program State Coordinator (SC) will obtain an advisory opinion from the States Attorney General's Office on whether CGBs are authorized by state law to deny the request. iii) Campus LEAS operating in Institutions of Higher Education (IHE)- LEAS operating in IHEs otherwise referred to as "Campus Police" or "Campus LEAS" must also adhere to the requirements identified below: (1) Obtain the IHE Board of Governors (or an equivalent body) explicit approval for the acquisition of controlled property. Such approval must be evidenced in the Campus LEAS request submitted to the LESO Program. Silence or inaction by the Campus LEAS Board of Governors does not constitute evidence of approval, and the "reasonable opportunity to review" (normally 30-days) standard does not apply to Campus LEA applications. (2) Certify that their policies and training include specific provisions on using controlled property in a way that does not chill speech, is not disruptive to the educational environment, and does not foster a hostile climate among students. (3) Campus LEAS who receive controlled vehicles are required to remove the militaristic appearance (i.e., painting the vehicle a different color). 5) REGIONAL SHARING AGREEMENTS LESO Program participants who are part of a regional sharing agreement must also adhere to the following requirements. a) Participating LEAS in the State of Texas, are not authorized to share or loan any assigned LESO program property to any other LEA, regardless of if they are part of an internal regional sharing agreement with the participating LEA. Page 4 of 9 6) POLICIES/PROCEDURES LEAS must establish policies/procedures that are consistent with the standards listed below, in order to request or maintain controlled property. LEAS must: a) Adopt and comply with general policing standards. i) Community Policing- LEA policies/procedures should reflect the concept that trust and mutual respect between police and the communities they serve are critical to public safety. Community policing fosters relationships between law enforcement and the local community which promotes public confidence in LEAS therefore increasing LEA ability to investigate crimes and keep the peace. ii) Constitutional Policing- LEA policies/procedures must emphasize that all police work should be carried out in a manner consistent with the requirements of the U.S. Constitution and federal law. Policies/procedures must include First, Fourth, and Fourteenth Amendment principles in law enforcement activity, as well as compliance with Federal and State civil rights laws. LEA certified law enforcement officers receive training on the rights embodied by such Constitutional Amendments and how these amendments inform policing policies/procedures. iii) Community Input and Impact- LEA policies/procedures must identify mechanisms that LEAS will use to engage the communities they serve to inform them and seek their input about LEAs actions, role in, and relationships with the community. LEAS should make particular efforts to seek the input of communities where controlled property is likely to be used so as to mitigate the effect that such use may have on public confidence in the police. This could be achieved through the LEAS regular interactions with the public through community forums, town halls, or meetings with the Chief, or community outreach divisions. b) Adopt and comply with controlled property standards. i)Appropriate Use of Controlled Property- LEA policies/procedures must define appropriate use of controlled property; officers who are authorized to use controlled property must be trained on these policies/procedures. LEAS should examine scenarios in which controlled property will likely be deployed, the decision -making processes that will determine whether controlled property is used, and the potential that both use and misuse of controlled property could create fear and distrust in the community. Policies/procedures should consider whether measures can be taken to mitigate that effect (i.e., keep armored vehicles at a staging area until needed) and any alternatives to the use of such property and tactics to minimize negative effects on the community, while preserving officer safety. ii) Supervision of Use- LEA policies/procedures must specify appropriate supervision of personnel operating or utilizing controlled property. Supervision must be tailored to the type of controlled property being used and the nature of the engagement or operation during which the property will be used. Policies/procedures must describe when a supervisor of appropriate authority is required to be present and actively overseeing the property being used. iii) Effectiveness Evahiation- LEA policies/procedures must articulate that the LEA will regularly monitor and evaluate the effectiveness and value of controlled property to determine whether continued deployment and use is warranted on operational, tactical, and technical grounds. LEAs should routinely review after -action reports and analyze any data on, for example, how often controlled property is used or whether controlled property is used more frequently in certain law enforcement operations or in particular locations or neighborhoods. Page 5 of 9 iv) Auditing and Accountability- LEA must establish policies/procedures that are designed to prevent misuse, unauthorized use and/or loss of controlled property. LEA will hold personnel accountable to agree and comply with State, local, Tribal and Federal controlled property use policies/procedures. v) Transparency and Notice- LEA policies/procedures must articulate that LEA will engage the community regarding controlled property, policies/procedures governing its use, and review of "significant incidents" (as defined in Section 8), with the understanding that there are reasonable limitations on disclosures of certain information and law enforcement sensitive operations and procedures. c) Must adopt and comply with record -keeping requirements for controlled property. i) Upon LESO request, LEAS must provide a copy of the general policing standards and specific controlled property standards that were adopted, to include any related policies/procedures. ii) Record -Keeping Requirement- LEAS must retain comprehensive training records, either in the personnel file of the officer who was trained or by the LEAS training division or equivalent entity, for a period of at least three (3) years, and must provide a copy of these records, upon LESO request. 7) TRAINING LEAS that request or have acquired controlled property via the LESO Program must establish written policies/procedures for controlled property use, and all personnel who are authorized to use the controlled property will be trained on these policies/procedures. LEAS must: a) Provide annual training on general policing standards to personnel who may use the controlled property. b) Provide annual training on property standards to personnel who may use the controlled property. c) Provide controlled property operational and technical training to personnel and ensure personnel are proficient prior to using controlled property. d) Provide scenario -based training to personnel that combines constitutional and community policing principles with controlled property specific training. LEA personnel authorizing or directing the use of controlled property should have enhanced scenario -based training to examine, deliberate, and review the circumstances in which controlled property should or should not be used. 8) DOCUMENTATION REQUIRED FOR "SIGNIFICANT INCIDENTS" LEAS must collect and retain the information (described below) when any law enforcement activity involves a "Significant Incident" which requires (or results in) the use of controlled property on the LEAS inventory. A "Significant Incident' is defined as any law enforcement operation or action that involves: 1) a violent encounter among civilians or between civilians and the police, 2) a use -of -force that causes death or serious bodily injury, 3) a demonstration or other public exercise of First Amendment rights, or 4) an event that draws, or could be reasonably expected to draw, a large number of attendees or participants, such as those where advanced planning is needed. LEAS must: a) Collect and retain documentation for controlled property used in a "Significant Incident" for a minimum of three (3) years after the incident has occurred. The LEA must provide documentation to LESO upon request. i) Documentation should also be made available to the community the LEA serves in accordance with applicable policies/procedures with exemptions made concerning the disclosure of any sensitive information. Page 6 of 9 b) No new report or format is required for "Significant Incident" reports so long as information is easily accessible and organized. The required information may already exist in a police report, operations plan, officer daily log, incident report, after -action report or described in a use -of -force report. If required information (annotated below) is contained in a pre-existing reports, the LEA must simply ensure that the report includes information that controlled property was used. Required information is listed below: i) Name and quantity of controlled property used, including relevant details such as make/model/serial number of controlled property used. ii) Description of the LEA action/operation involving the controlled property. iii) Identification of LEA personnel who used and directed the use of the controlled property. iv) Identify or describe civilians who were the subject or target of LEA action/operation. For large crowds or multiple persons, the LEA must provide general description of the civilians (i.e., a crowd of approximately 250 people). v) Result of the action/operation in which controlled property was used (i.e., arrests, citations, injuries or fatalities, use -of -force, victim extraction, or property damage). 9) ANNUAL CERTIFICATIONS By signing the SPO Addendum, the LEA agrees to the below certification statements. In addition, the LEA must annually certify compliance with the below certification statements during the Annual LESO Program .Inventory. LEAS must: a) Certify they have authorization from their CGB to participate in the LESO Program. b) Certify they have provided their CGB and local community a comprehensive list of controlled property that may be requested through the LESO Program. i) Notification may be made electronically or in writing and must be translated into appropriate languages to inform individuals with limited English proficiency. It is recommended this notification be done on an annual basis. ii) If controlled property is not identified in the comprehensive list provided to the CGB and local community, an updated notification to CGB and local community must be made. The CGB and local community will be afforded 30-days to review what additional items are being requested. c) Certify the request for controlled property comports/complies with all applicable approval requirements of the CGB. d) Certify they have adopted and comply with controlled property standards (i.e., appropriate use, supervision of use, effectiveness evaluation, auditing/accountability of use, transparency/notice of use, and record -keeping requirements. e) Certify they have provided annual training to personnel on the maintenance, sustainment, and appropriate use of controlled property, including respect for the rights of citizens under the Constitution of the United States and de-escalation of force. f) Certify that LRAD devices are not authorized to be acquired by any participating LEAs in the State of Texas. Page 7 of 9 g) Certify that controlled property vehicle(s) are utilized exclusively for disaster -related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti -terrorism preparedness, protection, prevention, response, recovery, or relief. h) Certify that controlled property requiring a license (or other authorization), is only utilized by personnel who hold license (or other authorization) to operate such property. i) Certify that controlled property will be returned to DLA Disposition Services when no longer needed. j) Certify that they are abiding by the current LESO Program SPO and SPO Addendum, and maintain a signed copy of these documents on file. k) Certify the Application for Participation on -file with LESO Program is current and accurately reflects the number of officers in the agency when fully staffed. (Note: If Application for Participation is not accurate, LEA must provide an updated Application for Participation to State Coordinators Office). 1) Certify they are compliant with LESO Program allocation limits. (Note: Property allocation limits are based on the number of officers at an LEA when fully staffed). m) Certify that they agree to return the controlled property if the Department of Justice (DOJ) determines or a Federal, State, Tribal, local, or territorial court enters a final judgment finding that the LEA has engaged in a pattern or practice of civil rights violations. n) Campus LEAS (as described in Section 4) must also certify that their policies and training include specific provisions on using controlled property in a way that does not chill speech, is not disruptive to the educational environment, and does not foster a hostile climate among students. o) Program participants who are part of a regional sharing agreement (as described in Section 5), must also certify that the State of Texas does not authorize participating LEAs to share or loan any LESO assigned property to any other LEA, regardless of if they are part of an internal regional sharing agreement with the participating LEA. 10) SAVINGS CLAUSE/INTERPRETATION Nothing in this SPO Addendum shall be construed to impair or otherwise affect the requirements under the existing SPO between the State and LEA (dated February 2021), unless expressly amended herein. To the extent there is a disagreement concerning the interpretation of this SPO Addendum or the extent this SPO Addendum affects requirements under the existing SPO, the disagreement shall be resolved at the exclusive discretion of the LESO Program. Page 8 of 9 Chief of Police 11) AGREEMENTS OF PARTIES By signing this SPO Addendum, the State and LEA acknowledges and accepts these changes. The SPO Addendum must be signed by LEAs no later than January 1, 2023 to remain eligible for LESO Program participation. The changes contained in this SPO Addendum are acknowledged and accepted by the following: Governor -appointed State Coordinator State of Texas Title (Print): Chief, Crime Records Division, Texas Dept of Public Safety Name (Print): Michelle Farris Signature (Sign): h+,��� Date (MM/DD/YYYY): 10/4/2022 Law Enforcement Agency Name: Schertz Police Department Chief Law Enforcement Official (CLEO) Title (Print): Signature (Sign): Civilian Governing Body (CGB) Title (Print): City of Schertz City Manager Name (Print): Steve Williams Signature (Sign): Page 9 of 9 Date (MM/DD/YYYY): iz >s/emu 9 ilk Certification of Notification for Law Enforcement Agency to Potentially Acquire Controlled Property To: Texas LESO Program Manager Texas Department of Public Safety 5805 N. Lamar Blvd MSC 0218 Austin, Texas 78752 I do, hereby certify that the City of Schertz Police Department has notified the public and the Civilian Governing Body (CGB) that it may potentially request and acquire any controlled property deemed necessary contained on the comprehensive list outlined below, from the Law Enforcement Support Office (LESO) Program within the following fiscal year. Hereafter, the law enforcement agency named above, will notify the public and the Civilian Governing Body (CGB) no later than July 1 of each consecutive year, by providing an updated comprehensive list of controlled property that it may potentially request and acquire in the following fiscal year. Weapons (pistols, shotguns, long rifles), Weapon modification kits, Weapon parts, Training Weapons. Aircraft (Fixed & Rotary), Aircraft parts, Armored Vehicles (MRAPs, Peacekeepers, Armored HMMWVs & NTAVs), Vehicle parts, Weapon -mounted optics & lasers, Handheld Optics & lasers, Night Vision Devices (including thermal equipment), Optical & sighting equipment (rangefinders, boresights etc), Tactical cargo vehicles (HMMWV, Cargo trucks), Watercraft, Unmanned Ground Vehicles (all robots), Wheel assemblies, Tools (hand, pneumatic & power), Purpose-built Handheld Breaching Equipment, Decontamination Equipment, Computers & peripherals, Camouflage & deception equipment, Radio & Telephone Equipment, Generators, Lighting & observation towers, Riot gear (helmets, face shields, fixed batons over 2 ft., wearable gear & shields), Capability Sets, and Camera Sets. Signed and certified, this /iL day of Chief Law Enforcement Official (CLEO) James W. Lowery Jr., Chief of Police (Print Name & Official Tit Li (Sig 2atu ) -%ff:�Z 2022.