Resolution No. 2012-167RESOLUTION NO. 2012-167
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 2011-2012 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 2011/2012, the Federal Government requires that the City
execute an Equitable.Sharing Agreement and Certification Report and
submit the documents to the Federal Government on or before August 30,
2012; 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, 2011, the City Council of the City of
Vernon adopted Resolution No. 2011-146 approving the execution of a
Federal Equitable Sharing Agreement with the Federal Government for
fiscal year 2010-2011; and
WHEREAS, by memo dated August 1, 2012, the Police Department
has recommended that the City Council execute an Equitable Sharing
Agreement and Certification Report for fiscal year 2011-2012.
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 Fiscal
Year 2011/2012 ("FY 2011/2012 Equitable Sharing Agreement"), in
substantially the same form as the copy 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 2011/2012 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 of this Resolution and the
transactions herein approved or authorized, including but not limited
to, any nonsubstantive changes to the Agreement attached herein.
- 2 -
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.
APPROVED AND ADOPTED this 218t day of August, 2012
n �
Name: Wiliam J. Davis
Title:'/ Mayor Pro-Tem
_3_
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. 2012-167, 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 21, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this �'3 day of August, 2012, at Vernon, California.
Willard G. ama u i, City Clerk
(SEAL)
-4_
EXHIBIT A
dyi/• o.
f
(� l�j �I^ Agreement • •
1 �
Equitable Sharing
{ � 1Certification
y k dof
lumber 1123.0011
Expires 930-2014
Q 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 1 9 7 13 10 10 1
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
El Contact Preparer: Phone: (323) 583-8811 x200 E-mail: cluna@ci.vernon.ca.us
Last Fiscal Year End: 06/30/2012 Agency Current Fiscal Year Budget: $10,499,040.00
0 New Participant: Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)
Qi Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5),
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 Funds'
1
Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY)
$503,078.25
$71,788.50
2
Federal Sharing Funds Received
$267,479.26
$0.00
3
Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (complete Table B, page 2)
$13,881.73
$7,568.85
4
Other Income
$0.00
$0.00
5
Interest Income Accrued Non -Interest Bearing O
Interest Bearing
$1,702.94
$198.39
6
Total Equitable Sharing Funds (total of lines 1 - 5)
$786,142.18
$79,555.7.4
7
Federal Sharing Funds Spent (total of lines a - m below)
$47005.36
$12,230.21
8
Ending Balance (difference between line 7 and line 6)
$315,246.82
$67,325.53
Justice Agencies are: FBI, DEA, ATF, USPIS,, USDA, DCIS, DSS, and FDA.
' Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG.
Page 1 of 6
Summary of Shared Monies Soent Justice Funds Treacury Fundc
a
Total spent on salaries for new, temporary, not -to -exceed
one year employees Refer to 4 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
$9,283.04
$8,623.69
e
Total spent on communications and computers
$246,257.36
$3,265.02
f '
Total spent on weapons and protective gear
g
Total spent on electronic surveillance equipment
h
Total spent on buildings and improvements
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)
$215,354.96
$341.50
k
Total Expenditures in Support of Community -based Programs
(complete Table E, page 3)
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
$470,895.36
$12,230.21
o
Did your agency receive non -cash assets? O Yes @ No If yes, complete Table H, page 3.
Please fill out the following tables, if applicable.
Table A: Members of Task Force
Aaencv Name
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
NCIC/ORI/Tracking Number
Justice Funds Treasury Funds -
Agency Name: L.A. Impact La Verne, CA
$13,881.73
$7,568.85
NCIC/ORI/Tracking Number:
I C
I A
1 O
1 1
1 9
1 2
1 K
1 O
1 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
Agency Name:
NCIC/ORI/Tracking Number:
Page 2 of 6 September 2011
Table D: Other Law Enforcement Expenses
Description of Exnense
lueiinn C.—A. Tres...... c..�J_
-
FiringRange Maintenance -
Emergency Equipment and Installation, Ford Crown Victoria, (2) Chevrolet Tahoe, $188,682.84
Investigative Information, Searches and Reports $8,138:96
Office Furniture, DARE Supplies and Awards
Motor Unit Uniforms, Motorcycles Maintenance and Repairs $9,196.25
Table E: Expenditures in Support of Community -based Programs
Refer to § VIII.A.1.m and Appendix C of the Justice Guide
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 Treasury Guide
Table G: Matching Grants
Refer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guid
Matching Grant Name
Table H: Other Non -Cash Assets Received
Source Description of Asset
Justice Q
IF -
Treasury O
Table I: Civil Rights Cases
Name of Case
Page 3 of 6
Justice Funds Treasury Funds
. ...................
e
Justice Funds Treasury Funds
E�
Type of Discrimination Alleged
Race Color ❑ National ❑ Gender
Origin
E] Disability 0 Age El Other
September2011•
Version 2.0--
Table E: Expenditures in Support of Community -based Programs
Refer to § VIII.A.1.m and Appendix C of the Justice Guide
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 Treasury Guide
Table G: Matching Grants
Refer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guid
Matching Grant Name
Table H: Other Non -Cash Assets Received
Source Description of Asset
Justice Q
IF -
Treasury O
Table I: Civil Rights Cases
Name of Case
Page 3 of 6
Justice Funds Treasury Funds
. ...................
e
Justice Funds Treasury Funds
E�
Type of Discrimination Alleged
Race Color ❑ National ❑ Gender
Origin
E] Disability 0 Age El Other
September2011•
Version 2.0--
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 Operations Unit, 1400 New York Avenue, N.W., Tenth 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 forState 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& 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 September 2011.
Version 10 .... .
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/orTreosuty 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 Jaws and their Department of Justice Implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C..
§ 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), 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 etsegJ, 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? O Yes O No
If you answered yes to the above question, complete Table 1
Agency Head
See 12 on page
Signature:
Name: Daniel Calleros
Title: Interim Chief of Police
Date:
Governing Body Head
See 12 on page
Signature:
Name: Mark Whitworth
Title: Citv Administrator
Date:
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire isanelectronic 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 2: Click to save in XML format
Step 3: E-mail the XML file to aca.submit@usdoj.gov
Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344.
FOR AGENCY USE ONLY
Entered by
Entered on
O FY End: 06/30/2012 Date Printed: August 01, 2012 09:46
NCIC: CA0197300 Agency: City of Vernon Police Department Phone: (323) 587-5171 xl 14
O
State: CA Contact: Daniel Calleros E-mail: dcalleros@covpd.org
Page 6of6 ATTEST:
September 2011
Version2.0 ... ._
Willard G. Yamaguchi,
Citv Clerk
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 22, 2012
TO: Daniel Calleros, Interim Police Chief
FROM: Deborah Juarez, Records Management Assistant �' O
RE: Resolution No. 2012-167 — 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 2011-2012 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
21, 2012, through Resolution No. 2012-167.
Thank you.
Attachments
c: Rory Burnett
Resolution No. 2012-167
Agreement No. 12-091
Equitable Sharing
8
Agreement and
M Certification
-"-'lumber 1123-0011
Expires 9-30-2014 --
Police Department O Sheriffs Office O Task Force (Complete Table A, page2)
P ' Off'
rosecutor s ice 0 Other (specify)
Agency Name: City of Vernon Police I
NCIC/ORI/Tracking Number: C A
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 preparers Phone: (323) 583-8811 x200 E-mail: cluna@ci.vernon.ca.us
Last Fiscal Year End: 06/30/2012 Agency Current Fiscal Year Budget: $10,499,040.00
O New Participant: Read the Equitable Sharing Agreement (page 5) and sign the Affidavit (page 6)
Qi Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 5),
and sign the Affidavit (page 6)
O 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' TreasuryFunds'
1
Beginning. Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior F1)
$503,078.25
$71,788.50
2
Federal Sharing Funds Received
$267,479.26
$0.00
3
Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (complete Table B, page 2)
$13,881.73
$7,568.85
4
Other Income
$0.00
$0.00
5
Interest Income Accrued Non -Interest Bearing O
Interest Bearing
$1,702.94
$198.39
6
Total Equitable Sharing Funds (total of lines 1 - 5)
$786,142.18
$79,555.74
7
Federal Sharing Funds Spent (total of lines a - m below)
$470,895.36
$12,230.21
8
Ending Balance (difference between line 7 and line 6)
$315,246.82
$67,325.53
Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA.
' Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG.
Page 1 of 6 September 2011
version 2.0 - - --
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 4 VII I.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
$9,283.04
$8,623.69
e
Total spent on communications and computers
$246,257.36
$3,265.02
f
Total spent on weapons and protective gear .
g
Total spent on electronic surveillance equipment
h
Total spent on buildings and improvements
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)
$215,354.96
$341.50
k
Total Expenditures in Support of Community -based Programs
(complete Table E, page 3)
w
tea+Him '�G4 �+ Ar ah '
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
$470,895.36
$12,230.21.
o
Did your agency receive non -cash assets? O Yes (i)No If yes, complete Table H, page 3.
Please fill out the following tables, if applicable.
Table A: Members of Task Force
Agency Name
Table B: Equitable Sharing Funds Received from other Agencies
Total the amount transferred to each agency on separate lines
Transferrina Aaencv Name. Citv, and State
VCIC/ORI/Tracking Number
Justice Funds TreasuryFunds
Agency Name: 1L.A. Impact La Verne, CA
$13,881.73
$7,568.85
NCIC/ORI/Tracking Number.
I C
I A
1 O
1 1
1 9
1 2
1 K
1 O
1 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
Agency Name: F_ IL
NCIC/ORI/Tracking Number:
Page 2 of 6 September 2011
Venlon 2.0.
Table D: Other Law Enforcement Expenses
Description of Expense
Justice Funds Treasury Funds
Firing Range Maintenance
$341.50
Emergency Equipment and Installation, Ford Crown Victoria, (2) Chevrolet Tahoe,
$188,682.84
Investigative Information, Searches and Reports
$8,138.96
Office Furniture, DARE Supplies and Awards
$9,336.91
Motor Unit Uniforms, Motorcycles Maintenance and Repairs
$9,196.25
Table E: Expenditures in Support of Community -based Programs
Refer to § VIII.A.t.m and Appendix C of the Justice Guide
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
Refer 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 Description of Asset
Justice Q
Treasury 0 IF
Table I: Civil Rights Cases
Name of Case
Justice Funds
Justice Funds
Justice Funds
Type of Discrimination Alleged
❑ Race
❑ Color
❑ National
Origin
❑ Gender
❑ Disability
[:]Age
❑ Other
Page 3 of 6
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 Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005.
Page 4 of 6
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 September 2011
Version 2.0 ...... �_..
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? p Yes O No
If you answered yes to the above question, complete Table I
Agency Head
Governing Body Head
See .92 on page
See 92on page Of
Signature: JD (yytAz]Q
Signature: V ii %n2
Name: Daniel Calleros
Name: Ma c Whitworth
Title: Interim Chief of Police
Title: City Administrator
Date: �/ / x
Date:
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.
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FY End: 06/30/201
NCIC: CA0197300
2 Date Printed: August 01, 2012 09:46
Agency: City of Vernon Police Department Phone: (323) 587-5171 x114
State: CA Contact: Daniel Calleros
E-mail: dcalleros@covpd.org
Page 6 of 6
September 2011
Verslon.2:e.
. i'1a1u u-
City Clerk
Juarez, Debbie
From:
Muro, Eva
Sent:
Thursday, August 16, 2012 9:20 AM
To:
Juarez, Debbie
Cc:
Calleros, Daniel
Subject:
Federal Equitable Sharing Agreement and Annual Certification
Debbie, the above -referenced agreement is scheduled to be approved at the August 21st meeting. Only one
original will be executed. Please provide Danny a copy of the fully executed agreement for processing.
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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RECEIVED
AUG 0 6 2012
CITY CLERK'S OFFICE
STAFF REPORT
VERNON POLICE DEPARTMENT
DATE: August 1, 2012
TO: Honorable Mayor Pro Tempore and City Council
FROM: Daniel Calleros, Interim Chief of Police
RECEIVED
AUG 0 2 2012
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.
Summary
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 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 2011, City Council approved ratification and execution of the Equitable Sharing
Agreement and Certification Report for FY 2010-2011, under Resolution 2011-146.
Recommendation
I request authorization from City Council for the execution of the federal 2011-2012
Equitable Sharing Agreement and Certification during the Council.meeting scheduled
August 21, 2012.
Legal Review
City legal staff has reviewed and approved the equitable sharing and annual certification
report.
Fiscal Impact
None
Attachments:
• 2011-2012 Equitable Sharing Agreement and Certification Report
• Memo from .Chief Deputy City Attorney
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: August 1, 2012
TO: Daniel Calleros, Interim Chief of Police
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney(
RE: Federal Equitable Sharing Agreement and
Annual Certification Report
I have received and reviewed the Memorandum dated August 1, 2012, and
the attachments thereto.
The federal equitable sharing agreement and annual certification
report are approved as to form.
WY:em
Enclosures