Resolution No. 2011-146RESOLUTION NO. 2011-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUITABLE SHARING AGREEMENT AND ANNUAL
CERTIFICATION REPORT WITH THE U.S. DEPARTMENT OF
JUSTICE AND U.S. DEPARTMENT OF THE TREASURY FOR
FISCAL YEAR 2010-2011 ENABLING VERNON TO CONTINUE
TO RECEIVE FEDERAL ASSET FORFEITURE FUNDS
WHEREAS, the City of Vernon is required to file an Equitable
Sharing Agreement and Annual Certification Report with the U.S.
Department of the Treasury and the U.S. Department of Justice
(collectively, the "Federal Government") in order to participate in an
asset forfeiture program (the "Program") augmenting law enforcement
resources; and
WHEREAS, in order to receive asset forfeiture funds for
Fiscal Year 2010/2011, the Federal Government requires that the City
execute an Equitable Sharing Agreement and Certification Report and
submit the documents to the Federal Government before August 30, 2011;
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; and
WHEREAS, on August 16, 2010, the City Council of the City of
Vernon adopted Resolution No. 2010-121 approving the execution of a
Federal Equitable Sharing Agreement with the Federal Government for
fiscal year 2009-2010 and amending Equitable Sharing Agreements and
Certification Reports for the period of 2005-2009; and
WHEREAS, by memo dated August 2, 2011, the.Police Department
recommended that the City Council execute an Equitable Sharing
Agreement and Certification Report for fiscal year 2010-2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Equitable Sharing Agreement and Certification for FY
2010/2011 ("FY 2010/2011 Equitable Sharing Agreement"), a copy of which
is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator and the Interim Chief of Police to
execute the FY 2010/2011 Equitable Sharing Agreement.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes specified in the Agreement.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
ATTT :
P
APPROVED AND ADOPTED this 16th day of August, 2011.
Name: Hilario Gonzales
Title: Mayor
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-146, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 16, 2011,`and thereafter was duly signed by -the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this /7 day of August, 2011, at Vernon, California.
(SEAL)
- 3 -
EXHIBIT A
:. Equitable Sharing
Agreement and
9
Certification
^" "cumber 1123-0011
Expires 7-31-2011
0 Police Department 0 Sheriffs Office Q Task Force (Complete Table A, page2)
0 Prosecutor's Office 0 Other (specify)
Agency Name: City of V
NCIC/ORI/Tracking Number:
Street Address:4305 Santa Fe Avenue
City: Vernon State: CA Zip: 90058
Contact: Title: Interim Chief First: Daniel Last: Calleros
Contact: Phone: (323) 587-5171 x114 E-mail: dcalleros@covpd.org
Same as Preparer: First: Claudia Last: Luna
Contact Preparer: Phone: (323) 583-8811 x200 E-mail: cluna@ci.vernon.ca.us
Last Fiscal Year End: 06/30/2011 Agency Current Fiscal Year Budget: $9,446,785.00
O New Participant: Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)
Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5),
Q Existing Participant: and sign the Affidavit (page 6)
Q Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 5),
and sign the Affidavit (page 6).
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds' TreasuryFunds2
1
Beginning able Sh Equitaring Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY)
$377,307.10
$85,278.17
2
Federal Sharing Funds Received
$209,331.65
3 `
Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (complete Table B, page 2)
$43,589.03
$1,594.70 .
4
Other Income
5
Non -Interest geann
Income Accrued
iInterest Bearing
$1,456.2nterest 1
$217.18
6
Total Equitable Sharing Funds (total of lines 1 - 5)
$631,683.99 .
$87;090.05
7
Federal Sharing Funds Spent (total of lines a - mbelow)
$128;605.74.:
$15,301.55
8
Ending Balance (difference between line 7 and line 6)
$503,078.25 _
$71,788.50
' Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA.
Z Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG.
Page 1 of 6 December 2010
Version LA
Summary of Shared Monies Spent Justice Funds Treasury Funds
a
Total spent on salaries for new, temporary, not -to -exceed
one year employees Refer to § VIII.A.2.a.3 of the Justice Guide
b
Total spent on overtime
c
Total spent on informants, "buy money," and rewards
d
Total spent on travel and training
$4,500.28
e
Total spent on communications and computers
$55,162.31
$5,299.94
f
Total spent on weapons and protective gear
g
Total spent on electronic surveillance equipment
h
Total spent on buildings and improvements
$9,986.09
i
Total transfers to other state and local law enforcement
agencies (complete Table C, page 2)
.
Total spent on other law enforcement expenses (complete
Table D, page 3)
$58,957.06
$10,001.61
k
Total Expenditures in Support of Community -based Programs
(complete Table E, page 3)
E.
I
Total Windfall Transfers to Other Government Agencies
(complete Table F, page 3)
m
Total spent on matching grants (complete Table G, page 3)
n
Total
$128,605.74
$15,301.55
o
Did your agency receive non -cash assets? Q Yes 0 No If yes, complete Table H, page 3.
Please fill out the following tables, if applicable.
Table A: Members of Task Force
Agency Name NCIC/ORI/Tracking Number
Table B: Equitable Sharing Funds Received from other Agencies
Total the amount transferred to each agency.on separate lines
Transferrina Aaencv Name. City, and State
Justice Funds Treasury Funds
Agency Name: L.A. Im act La Verne, CA
_ . -
NCIC/ORI/Tracking Number: C A 0 1 9 2 K O. X
$43,589.03
$1,594.70
Table C: Equitable Sharing Funds Transferred to Other Agencies
Total the amount transferred to each agency on separate lines
Receiving Agenc Name, City, and State
Justice Funds Treasury Funds
Agency Name:
NCIC/ORI/Tracking Number:
Page 2 of 6
December 2010
Version LA
Page 2 of 6
December 2010
Version LA
Table D: Other Law Enforcement Expenses
Table E: Expenditures in Support of Community -based Programs
Refer to § VIII.A.1.m and Appendix C of the Justice Guide
Rec�ipient Justice Funds
rev-fith�j "��
J
Table F: Windfall Transfers to Other Government Agencies
Refer to § VIII.A.1.n of the Justice Guide and pp.25-26 of the Treasury Guide
Table G: Matching Grants
defer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guide
Matchina Grant Name
Table H: Other Non -Cash Assets Received
source "e cription of Asset
Justice
Treasury 012007 Toyota Camry, CE, VIN: 4TIBE46K87U050394
Justice @,)'
2008 Toyota Sequoia VIN: 5TDZY67A98S005899
Treasury
Table I: Civil Rights Cases
Names of raea
Funds Treasury Funds
Treasury Funds
Tvne of Discrimination Alleaed
Race
[ Color
National
Origin
Gender
C] Disability
( Age
[ Other
Page 3 of 6
December 2010
Version LA
Papa r&ouction &j, N.!R ice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information
unless it displays a valid OMB control number. We try to create accurate and easily understood forms
that impose the least possible burden on you to complete. The estimated average time to complete this
form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for
making this form simpler, please write to the Asset Forfeiture and Money Laundering Section,
Program Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor,
Washington, DC 20005.
Page 4 of 6 December 2010
Version 1.A
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above -stated law
enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the
federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds,
and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its
signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the
following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable
Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash,
property, or proceeds.
1. Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6)
submitted by fax. This will constitute submission to the Department of Justice and the Department of Treasury.
2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body.
Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator,
chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney,
commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or
approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council
chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and
governor
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines
that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's
Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's
Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Low Enforcement Agencies (Treasury Guide).
4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement
agencies, it-mustfirst verify with the Department of'Justice'or the Department of Treasury, depending on -the source
of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable
Sharing Agreement and Certification on file.
5. Internal Controls. The Agency agrees 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 Agency shall establish a separate revenue
account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds.
interest income generated must be accounted for in the appropriate federal forfeiture fund account.
The Agency agrees 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 Justice
Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and
records for five years.
The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is
prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions
stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the-funds/property.
6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB
Circular A-133. The Department of Justice and Department of the Treasury reserve the, right to conduct periodic
random audits.
Page 5 of 6 December 2010
Version 1.A
Affidavit - Existing Participant
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under
the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting
period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.
The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the
following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (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, or
on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all
federal statutes and regulations permitting federal investigators access to records and any other sources of information as
may be necessary to determine compliance with civil rights and other applicable statutes and regulations.
During the past fiscal year: (1) has any court or administrative agency issued any finding,
judgment, or determination that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered
into any settlement agreement with respect to any complaint filed with a court or
administrative agency alleging that the Agency discriminated against any person or group in
violation of any of the federal civil rights statuteslisted above? O Yes O No
If you answered yes to the above question, complete Table I
Agency Head Governing Body Head
See 112 on page See $ 2 on page
Signature: Signature:
Name: Daniel Calleros Name: Mark Whitworth
Title: Interim Chief of Police Title: City Administrator
Date: 07/26/2011 Date: 07/26/2011
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire is an electronic newsletter that
gives you important, substantive, information regarding
Equitable Sharing policies, practices, and procedures.
Final Instructions:
Step 1: Click to save for your records Step 3: E-mail the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344
FOR AGENCY USE ONLY
Entered by
Entered on
O FY End: 06/30/2011 Date Printed: August 04, 2011 07:12
o NCIC: CA0197300 Agency: City of Vernon Police Department Phone: (323) 587-5171 x114
O
State: CA Contact: Daniel Calleros E-mail: dcalleros@covpd.org
Page 6 of 6 ATTEST:
December 2010
Version 1.A
Willard G. Yamaguchi, City Clerk
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 17, 2011
TO: Daniel Calleros, Interim Police Chief
FROM: Willard Yamaguchi, City Clerk (, f
RE: Resolution No. 2011-146 — A ReVVVso�"lution of the City Council of the City of
Vernon Approving and Authorizing the Execution of an Equitable Sharing
Agreement and Annual Certification Report with the U.S. Department of Justice
and U.S. Department of the Treasury for Fiscal Year 2010-2011 Enabling Vernon
to Continue to Receive Federal Asset Forfeiture Funds
Per your request for your transmittal is a copy of the fully executed Equitable Sharing
Agreement and Certification Report as referenced above, approved by City Council on August
16, 2011, through Resolution No. 2011-146.
Please ensure that a copy of your transmittal communication is sent to my attention for the file.
Thank you.
WG:dj
Attachments
c: Rory Burnett
Resolution No. 2011-146
Agreement No. I I -100
OMB Number 1123-0011
Expires 7-31-2011
Equitable Sharing
A Agreement and -
;a Certification
0 Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2)
0 Prosecutor's Office 0 Other (specify)
Agency Name: City of Vernon Police Department
NCIC/ORI/Tracking Number: I C I A 10 1 1 19,17 13 1, 0 10
Street Address:4305 Santa Fe Avenue
City: Vernon State: CA Zip: 90058
Contact: Title: Interim Chief First: Daniel Last: Calleros
Contact: Phone: (323) 587-5171 x114 E-mail: dcalleros@covpd.org
Same as Preparer: First: Claudia Last: Luna
Contact Preparer: Phone: (323) 583-8811 x200 E-mail: cluna@ci.vernon.ca.us
Last Fiscal Year End: 06/30/2011 Agency Current Fiscal Year Budget: $9,446,785.00
0 New Participant: Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)
Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5),
O Existing Participant: and sign the Affidavit (page 6)
0 Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 5),
and sign the Affidavit (page 6).
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds' Treasury Fundsz
1
Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY)
$377,307.10
$85,278.17
2
Federal Sharing Funds Received
$209,331.65
3
Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (complete Table B,page 2)
$43,589.03
$1,594.70
4
Other Income
5
Interest Income Accrued Non -Interest Bearing
Interest Bearing
$1,456.21
$217.18
6
Total Equitable Sharing Funds (total of lines 1 - 5)
$631,683.99
$87,090.05
7
Federal Sharing Funds Spent (total of lines a - m below)
$128,605.74
$15,301.55
8
Ending Balance (difference between line 7 and line 6)
$503,078.25
$71,788.50
Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA.
2 Treasury Agencies are: IRS, ICE,.CBP, USSS,. and USCG.. - - - -
Page 1 of 6 December 2010
Version 1.A
Summary of Shared Monies Spent Justice Funds Treasury Funds
a
Total spent on salaries for new, temporary, not -to -exceed
one year employees Refer to § VIII.A.2.a.3 of the Justice Guide
b
Total spent on overtime
c
Total spent on informants, "buy money," and rewards
d
Total spent on travel and training
$4,500.28
e
Total spent on communications and computers
$55,162.31
$5,299.94
f
Total spent on weapons and protective gear
g
Total spent on electronic surveillance equipment
h
Total spent on buildings and improvements
$9,986.09
Total transfers to other state and local law enforcement
agencies (complete Table C, page 2)
Total spent on other law enforcement expenses (complete
Table D, page 3)
$58,957.06
$10,001.61
k
Total Expenditures in Support of Community -based Programs
(complete Table E, page 3)
Total Windfall Transfers to Other Government Agencies
(complete Table F, page 3)
m
Total spent on matching grants (complete Table G, page 3)
n
Total
$128,605.74
$15,301.55
o
Did your agency receive non -cash assets? 0 Yes 0 No If yes, complete Table H, page 3.
Please fill out the following tables, if applicable.
Table A: Members of Task Force
Agency Name NCIC/ORI/Tracking Number
Table B: Equitable Sharing Funds Received from other Agencies
Total the amount transferred to each agency on separate lines
Transferring Agency Name,. City, and State Justice Funds Treasury Funds
Agency Name: 1L.A. Im act La Verne, CA
$43,589.03
$1,594.70
NCIC/ORI/Tracking Number: C I A 0 1 9 2 K O X
Table C: Equitable Sharing Funds Transferred to Other Agencies
Total the amount transferred to each agency on separate lines
Receiving Agency Name, City, and State Justice Funds Treasury Funds
ECIC/0 Name:
RI/Tracking Number:
Table D: Other Law Enforcement Expenses
Table E: Expenditures in Support of Community -based Programs
Refer to § VIII.A.1.m and Appendix C of the Justice Guide
Recipient Justice Funds
Table F: Windfall Transfers to Other Government Agencies
Refer to § VIII.A.1.n of the Justice Guide and pp. 25-26 of the Treosury Guide
Recipient Justice Funds Treasury Funds
Table G: Matching Grants
Refer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guide
Matching Grant Name Justice Funds Treasury Funds
Table He Other Non -Cash Assets Received
Source Description of Asset
Justice ..
Treasury 0,
2007 Toyota Camry, CE, VIN: 4TIBE46K87U050394
Justice
Treasury 02008
Toyota Sequoia VIN: 5TDZY67A98S005899
Table I: Civil Rights Cases
Name of Case Type of Discrimination Alleged
Race
[] Color
National
Origin
0 Gender
[] Disability
E Age
n Other
December 2010
Version LA
Paperwork Reduction Act.Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information
unless it displays a valid OMB control number. We try to create accurate and easily understood forms
that impose the least possible burden on you to complete. The estimated average time to complete this
form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for
making this form simpler, please write to the Asset Forfeiture and Money Laundering Section,
Program Management and Strategic Planning Unit, 1400New York Avenue, N.W., Second Floor,
Washington, DC 20005.
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above -stated law
enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the
federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds,
and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its
signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the
following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable
Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitably shared cash,
property, or proceeds.
1. Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature page (page 6)
submitted by fax. This will constitute submission to the Department of Justice and the Department of Treasury.
2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body.
Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator,
chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney,
commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or
approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council
chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and
governor.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines
that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's
Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's
Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide).
4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement
agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source
of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable
Sharing Agreement and Certification on file.
5. Internal Controls. The Agency agrees 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 Agency shall establish a separate revenue
account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds.
Interest income generated must be accounted for in the appropriate federal forfeiture fund account.
The Agency agrees 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 Justice
Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and
records for five years.
The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is
prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions
stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property.
6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB
Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic
random audits.
Page 5 of 6 December 2010
Version 1.A
Affidavit - Existing Participant
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under
the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting
period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.
The undersigned certify that the recipient Agency is in compliance with the nondiscrimination requirements of the
following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (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, or
on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all
federal statutes and regulations permitting federal investigators access to records and any other sources of information as
may be necessary to determine compliance with civil rights and other applicable statutes and regulations.
During the past fiscal year: (1) has any court or administrative agency issued any finding,
judgment, or determination that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered
into any settlement agreement with respect to any complaint filed with a court or
administrative agency alleging that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above? 0 Yes O No
If you answered yes to the above question, complete Table
Agency Head
See 112 on page
Signature: IQ tv�
Name: Daniel Calleros
Title: Interim Chief of Police
Date: 07/26/2011
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire is an electronic newsletter that
gives you important, substantive, information regarding
Equitable Sharing policies, practices, and procedures.
Final Instructions:
Governing Body Head
See 112 on page
SignaturerarkM:hhi
Name: tworth
Title: City dministrator
Date: 07/26/2011
Step 1: Click to save for your records Step 3: E-mail the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344
FOR AGENCY USE ONLY
Entered by
Entered on
0 FY End: 06/30/2011 Date Printed: August 04, 2011 07:12
O NCIC: CA0197300 Agency: City of Vernon Police Department Phone: (323) 587-5171 x114
O
State: CA Contact: Daniel Calleros E-mail: dca)leros@covpd.org
Page 6 of 6
ember 2010
. Version 1.A
Willard G:
Clerk
Page 1 of 1
Juarez, Debbie
From: Muro, Evangelina
Sent: Monday, August 08, 2011 4:15 PM
To: Juarez, Debbie
Subject: FW: Federal Equitable Sharing Agreement and Certification
FYI
From: Calleros, Daniel[mailto:DCalleros@covpd.org]
Sent: Monday, August 08, 2011 4:12 PM
To: Muro, Evangelina
Subject: Re: Federal Equitable Sharing Agreement and Certification
Eva just need one copy as it will be faxed. We will handle the process.
Thanks
Daniel Calleros
On Aug 8, 2011, at 3:51 PM, "Muro, Evangelina" <emurogci.vernon.ca.us> wrote:
Good Afternoon Danny,
In regards to the above -referenced matter only one original was submitted with the staff
report; do you only need one? Also will you be processing the agreements once executed
or do you want the City Clerk's office to do so?
Thanks.
Eva Muro
City Attorney Dept., City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Work: (323) 583-8811 x 273
Fax: (323) 826-1438
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8/8/2011
RECEIVED
AUG 0 4 2011
CITY CLERK'S OFFICE STAFF REPORT
VERNON POLICE DEPARTMENT
DATE`: August 2, 2011
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, Interim Chief of Police
RECEIVED
AUG 0 3 2011
CITY ADMINISTRATION
RE: Federal Equitable Sharing Agreement and Annual Certification Report
Purpose
The purpose of this memorandum is to request approval from City Council for the execution of
the Asset Forfeiture Federal Equitable Sharing Agreement and Annual Certification Report.
Facts
When local agencies, such as the Vernon Police Department, work with federal agencies to
enforce federal criminal Laws, the agency may apply for an equitable share of any forfeited
proceeds. The Police Department (PD) has an investigator assigned to the Southwest Borders
Initiative Taskforce (SWBI) and receives an equitable share of forfeited proceeds from this
taskforce.
To obtain such proceeds, the agency must sign an Equitable Sharing Agreement and certify that
the forfeited proceeds received are allocated as required by federal statutes and regulations
established by the U.S. Department of the Treasury and the U.S. Department of Justice. These
laws and regulations require the following:
• forfeited funds or property must be kept separate from state or other forfeitures;
• a federal Equitable Sharing Agreement and Certification be filed annually with both
agencies;
• a record shall be maintained of the funds or property and any expenditures; and
• funds exceeding $100,000 shall be audited annually.
The Department of Justice implemented an electronic reporting process to streamline and
simplify the reporting of funds received by local agencies. This process requires participating
agencies to use a reporting form that combines the Equitable Sharing Agreement and
Certification Report which is submitted electronically.
The Certification Report included with the agreement requires signature by the Agency Head
(the Chief of Police) and the Governing Body Head (the City Administrator) to certify that the
City understands its obligations under the agreement and, under penalty of perjury, certify that
the reported financial information regarding the Police Department's receipt and expenditure of
the funds is true and correct. The PD has implemented procedures to follow the above listed
regulations.
The forfeited proceeds received through the Equitable Sharing Agreement vary year to year as
the receipts of funds are based on the resolution of specific court cases. When received, the
funds are placed into special PD asset forfeiture account.
In 2010, City Council approved ratification and execution of the Equitable Sharing Agreement
and Certification Report for FY 2009-2010, under Resolution 2010-121. City legal staff has
reviewed the asset forfeiture process as well as the equitable sharing and annual certification
report.
Recommendation
I request authorization from City Council for the execution of the federal 2010-2011 Equitable
Sharing Agreement and Certification.
Fiscal Imnact
None
Attachments:
• 2010-2011 Equitable Sharing Agreement and Certification Report
• Memo from Interim City Attorney