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2002-076-RES APPROVE/AUTHORIZE EXECUTION OF A FEDERAL EQUITABLE SHARING AGREEMENT RESOLUTION NO. 2002-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A FEDERAL EQUITABLE SHARING AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, on behalf of the Regional Controlled Substance Apprehension Program, has received an offer of supplemental funding through the U.s. Department ofJustice and the U.S. Treasury Department; and, WHEREAS, the form of the Federal Equitable Sharing Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager and the Police Chief should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Federal Equitable Sharing Agreement by and among the Federal government, the City of Paris, and the Regional Controlled Substance Apprehension Program, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the City Manager and the Police Chief be, and they are hereby, authorized and directed to execute, on behalf ofthe City of Paris , a Federal Equitable Sharing Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of May, 2002. ~~ ATTEST: ~~),'L-~~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: I) "VALlD THRU SEPTEMBER 30, 1005" Federal Equitable Sharing Agreement o Police Department o Prosecutor's Office o Sheriff's Office/Department o Other o Check if New Participant o Task Force) Law Enforcement Agency: Contact Person: E-mail Address: Mailing Address: (Street) (City) (State) (Zip Code) Telephone Number: ( > Fax Number: (_> Agency Fiscal Year Ends on: NCIC/ORllTracking No.: (Month/Day) This Federal Equitable Sharing Agreement entered into among (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 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 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 ofthe Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. U.S. Department of JusticelACA Program 10th and Constitution A venues, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, D.C. 20530 Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW. Suite 700 Washington. D.C. 20220 E-mail address: treas.aca@teoaf.treas.gov Fax: (202) 622-9610 2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. 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 purposes 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 TD F 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned law enforcement agency transfers cash. property, or proceeds to other 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 Department of the Treasury as in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. I Attach list of member agencies with their addresses and indicate lead agency. EXHIBIT A.. 5. Internal Controls. 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, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (J~stice Guide), and the Department ofthe Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). The accounting of shared funds must be submitted in the format shown on the Annual Certification Report contained in both the Justice and Treasury Guides. 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 or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department ofJustice 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 cash, property, or proceeds. 7. 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 the Department of the Treasury reserve the right to conduct periodic random audits. 8a. During the past 3 years. has your agency been found in violation of. or entered into a settlement agreement pursuant to. any nondiscrimination law in federal or state court, or before an administrative agency? OYes o 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 ONo (If you answered yes. attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements ofthe following laws 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 ofthe 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 et seq.), 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. Under penalty of perjury, the undersigned 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. Name (Print or Type) Date Law Enforcement Agency Head or Authorized Representative Name (Print or Type) Governing Body Head or Authorized Representative Date (Signature) (Signature) Title (Print or Type) Title (Print or Type) This form is subject to the Freedom of Information Act and may be released to requests under 5 V.S.C. ~ 552. March 2002 ATTACHMENT IN RESPONSE TO QUESTION 8b Anedtra Havnes v. Paris-Lamar County Health Department. City of Paris. Texas. and Lamar County. Texas. Cause No. 3:01CV0036, United States District Court for the Eastern District of Texas, Paris Division Summary: The plaintiff contends the Health Department, the City of Paris, and Lamar County discriminated in hiring practices under the Americans with Disabilities Act, disability, and Title VII of the Civil Rights Act of 1964, race. Status: The case is in the final phases of discovery.