Resolution No. 8747
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RESOLUTION NO. 8747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
FEDERAL EQUITABLE SHARING AGREEMENT WITH THE U.S.
DEPARTMENT OF JUSTICE AND DEPARTMENT OF THE
TREASURY ENABLING VERNON TO CONTINUE TO RECEIVE
FEDERAL ASSET FORFEITURE FUNDS
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WHEREAS, the City of Vernon is required to file a Federal
Equitable Sharing Agreement and Federal Annual Certification Report
with the U.S. Department of the Treasury and the U.S. Department of
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Justice (collectively, the "Federal Government") in order to
participate in an asset forfeiture program (the "Program") augmenting
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law enforcement resources; and
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WHEREAS, in order to participate in the Program, the Federal
Government required that a Federal Equitable Sharing Agreement (valid
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through September 30, 2008) be executed and submitted prior to June 1,
2005, and the City Administrator and the Chief of Police executed said
Agreement on May 11, 2005, subject to ratification by the City Council;
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and
WHEREAS, the Federal Government also requires the filing of a
Federal Annual Certification Report sixty (60) days after the close of
the City's fiscal year, or by August 29, 2005; and
WHEREAS, on May 17, 2005, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated May 12, 2005, that the execution of the Federal Equitable Sharing
Agreement be ratified; and
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WHEREAS, the City Council desires to approve and ratify the
Federal Equitable Sharing Agreement as executed by the City
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1 Administrator and the Chief of Police.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
3 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
5 finds and determines that the recitals contained hereinabove are true
6 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
8 approves and ratifies the execution of the Federal Equitable Sharing
9 Agreement (Valid Thru September 30, 2008) by the City Administrator and
10 Chief of Police on behalf of the City of Vernon, a copy of which is
11 attached hereto as Exhibit A and incorporated by reference.
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SECTION 3:
The City Council of the City of Vernon hereby
13 authorizes and empowers the City Administrator, or his designee, to
14 execute on an annual basis the Federal Annual Certification Report due
15 sixty (60) days after the close of the City's fiscal year, and any
16 other document necessary to implement and carry out the purposes of the
17 Program through September 30, 2008.
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SECTION 4:
The City Clerk of the City of Vernon shall
19 certify to the passage of this resolution, and thereupon and
20 thereafter the same shall be in full force and effect.
21 APPROVED AND ADOPTED this 18th day of May, 2005.
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~d~~.J.
/':LEONIS C. MALBU G, May
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ATTEST:
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28 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8747, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, May 18,
thereafter was duly signed by the Mayor of the City of
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9 Vernon.
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13 (SEAL)
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BRUCE V. MALKENHORST, City lerk
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EXHIBIT
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Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 30, 2008
Law Enforcement Agency:
City of Vernon
o Check if New Participant
[) Police Department 0 Sheriff's Office/Department
o Task Force (attadllistofmcmbc:rs)
o Prosecutor's Office 0 Other
Contact Person:
Sol Benudiz
E-mail Address:sbenudiz@.covJ>d. org
Mailing Address: 4305 Santa Fe Avenue
(Street)
Vernon
(City)
CA
(State)
90058
(Zip Code)
Telephone Number: ( 323) 587-5171
Fax Number: (323 ) 826-1481
Agency Fiscal Year Ends on:
June 30
NCIClORllTracking No.:
CA0197300
(Mootb/Day)
This Federal Equitable Sharing Agreement entered into /lInOng (1) the Federal Government, (2) the above-stated law enforcement agency,
and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictioJlS upon
the use offederally forfeited cash, property, proceeds, and any interest eamed thereon, which are equitably shared with participating law
enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which
the recipient blW enforcement agency is located, in accordance with the instructiOJlS received nom the respective departments or
as outlined in their equitable sharing guidelines.
Asset Forfeiture and Money Laundering Section
U.S. Department of Justice
10th and CoJlStitution Avenue, NW
Bond BUIlding, lOth Floor
Washington, DC 20530
Fax~ (202) 616~1344
E~mail address~ afinls.acaClv.usdoi.20v
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 15th Street, NW
Suite 700
WaShington, DC 20220
Fax: (202) 622-9610
E-mailaddress: treas.aca(a)teoaf.treas.l!ov
2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
Examples of law enforcement agency heads include police chie~ sherifi: director, commissioner, superintendent, administrator,
chairperson, secretary, city attorney, county attorney, district attorney, prosecuting att(>rney, stateattomey, commonwealth
attorney, and aUomey general. Examples of governing body heads include citymanagel', mayor, city council chairperson, county
executive, county council chairperson, director, secretary, administrator, commissioner, and governor, Receipt of the signed
agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds.
3. Uses. Any shared asset shall be used for law enforcement pUlpQSeS in accordance with the Statutes and guidelines that govern
equitable sharing and as specified in the equitable sharing request (either a DAG-71 or a lDF 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local law
enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement
on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned
law enforcement agency must obtain one from the receiving agency and forward it to the Department of Justice and the
l)q)artlneil.t of the Treasury as in item 1. A list of recipients and the amount C;ran$ferred must be attached to the Federal Annual
Certification R.eport.
April 2005
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5. IntematControls.The parties agree to account separately for federal equitable sharing funds received from the Department
of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled
with federal equitable sharing funds. The recipient agency shall establish a separate revenue accOUnt or accounting code for state,
loca~ Department of Justice, and Department of the Treasury forfeiture funds. Interest in~ome generated must be accounted for
jn the appropriate federalforfeiture fund account
The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other
public monies as supplemented by requirements Set forth in the current edition of the Department ofJustice' sA GuidetQ Equitable
Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencie$ (Justice Guide), and the Department of
the Treasury's Guide to Equiwble Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agenc~
(J'reasury Guide). The accounting of shared funds must be reported on the Annual Certification Report.
The misuse or misapplication of shared resources or the supplantation of existing resources with sharedailsets is prohibited.
Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current
edition of1be Justice or Treasury Guides, depending on the source of the funds or property.
6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department
of JUStice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from
the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite
to receiving any equitably shared casb, property; or proceeds.
7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular
A-B3. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits.
Sa. During the past 3 years, has your agency been found in violation of, or entered into a settle~nt agreement
pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency?
o Yes
(] No
(If you answered yes, attach relevant information. See instructions.)
8b. Are there pending in a federal or-state court, or before any federal or state administrative agency, proceedings
against your agency alleging discrimination?
o Yes <i> No (If you answered yes, attach relevant information. See instructions.)
The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements oftbe following
laws and their Department of Justice implementing regulations: Title VI of the Civilltights Act of 1964
(42 U.S.C. ~ 2000d et seq.), Title IX of the Education Amendments of1972 (20U.S.C. ~ 1681 et seq.), Section 504 of the
Rehabilitation Act ofl973 (29 U.S.C. ~ 794), and the Age DiscrlminationAct ofl97S (42 U.S.C. ~ 6101 etseq.), which
prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or
activity, ot on the basis of sex in any federally assisted education program or activity.
Under penalty of peIjury, the un.dersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for
Asset Forfeiture.
Date <;/11/05
Bruce V. Malkenhorst
Name (Print or Type) Date 5,' 11 " 0 5
, Governing Body Head
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Signature: r.r '----~
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TItle:
Chief
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Title:
City Administrator
This fOllll is subject to the Freedom of Infonnation Act and may be released under 5 V.S.C. ~ 552.
See www.usdoi,ROV/criminatlafinls.html or www.lreauovlofficeslenforcernentlteoafforadditional fonns.
April 2005