Loading...
06-D RCSAP Equitable SharingDRAFT J:Wttorney~isa~esolntionsACiJRRENT~C6AP 6haringAgmtRes.wptl May 10, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVINGAND AUTHORIZING THE EXECUTION OF A FEDERAL EQUITABLE SHARING AGREEMENT; MAHING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City ofParis, on behalfofthe Regional Controlled Substance Apprehension Program, has received an offer of supplemental funding through the U. S. Deparhnent of Justice and the U.S. Treasury Deparhnent and, WHEREAS, the form ofthe 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 ofParis, 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 of the 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. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 0 Police Departinent 0 SherifPs Office/Department 0 Task Force' 0 Prosecutor s Office 0 Other Contact Person: E-mail Address: Mailing Address: (Slree) Telephone Number: ( ) Agency Fiscal Year Ends on: (aiir) Fax Number: ( ) NCIC/ORI/Tracking No.: (Slale) (ZipCode) This Federal Equitable Sharing Agreement entered into among (L) the Federal Government, (2) the above-stated law enforcement agency, and (3) the governing body seti forth the requiremenn 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 agreethatthey will be bound bythe statutes and guidelines thatregulate shared assets and the following requirementi for participation in the federal equitable sharing program. 1. Submission. TheFederalEquitableSharingAgreementandtheFederalAnnualCertificationReportmustbesubmitredtoboth the Departinent of Justice and the Departinent of the 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 departmenn or as outlined in their equitable sharing guidelines. U.S. Departmentof Justice/ACA Program LOth and Constitution Avenues, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, D.C. 20530 Faa- (202) 616-1344 Executive Office for AssetForfeiture U.S. Departinent of the Treasury 740 LSth Street, NW, Suite 700 Washington, D.C. 20220 E-mail address: treas.aca(d,teoa£treas.gov Faa- (202) 622 96 LO 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. Receipz nfzhe signed agreemenzis a prerequisize zn receiving any equiXab[y-shared cash, prnperXy, nr prnceeds. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statures 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 thatthe receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Departinent of Justice and the Departinent of the Treasury. If there is no agreement on file, the undersigned law enforcement agenc y m usz obtain one from the receiving agency, and forward it to the Departinent of Justice and the Departinent ofthe Treasury as in item L A list of recipients,their addresses, and the amounttransferred mustbe attached to the FederalAnnual Certification Report. I Attach list of inember agencies with their addresses and ind icate lead agency. 5. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Departinent of Justice and the Departinent ofthe Treasury. Funds from state and local forfeitures and other sources mustnotbe commingled with federal equitable sharing funds. The recipient agency shall establish a separate revenue account oraccounting code for state, local, Departinent of Justice, and the Departinent of the Treasury forfeiture funds. Interest income generared must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subjectto the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Departinent of Justice's A Cuide to Equitahle Sharing of Federally ForJeited Property Jor State and Local Law Enforcement Agencies (Justice Cuide), and the Departinent ofthe Treasury's Cuide to Equitahle Sharing Jor Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Cuide). The accounting of shared funds must be submitted in the format shown on the Annual Certification Report contained in both theJustice and Treasury Cuides. Themisuseormisapplicationofsharedresourcesorthesupplantationofexistingresourceswith 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 theJustice or Treasury Cuides, 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 Departinent of Justice and the Departinent of the Treasury (at the addresses shown in item L) 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 departmenti or as outlined in the Justice or Treasury Cuides. Receipz nf zhe cerXificaXinn repnrt is a prerequisize zn receiving any equiXab[y-shared cash, prnperXy, nr prnceeds. 7. Audit Repo rt. Audits will be conducted as provided by the Single AuditAct Amendments of 1996 and OMB Circular A-L33. The Departinent of Justice and the Departinent of the Treasury reserve the right to conduct period ic 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? 0 Yes 0 No (If you answered yes, attach relevant information. See instructions.) 8b. Are there pending in a federal or state court, or before anyfederal or state administrative agency, proceedings against youragency alleging discrimination? 0 Yes ONo (If you answered yes, attach relevant information. See instructions.) The undersigned certify thatthe recipient agency is in compliance with the nond iscrimination requirements ofthe following laws and their Departmentof Justice implementing regulations: Title VI of the Civil Righn Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX ofthe Education Amendmenti 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 Actof 1975 (42 U.S.C. § 610 L et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisred 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 Cuides and the National Code of Professional Conduct for Asset Forfeiture. Name (Prinl or 2ype) Dale Law Lnforcemenl Agency Head or Aulhorized Repreaenlalive (Sianalure) 2ille (Prinl or 2ype) Name (2rinl or Type) Dale Governing Body Head or Aulhorized Represenlalive (0ianalure) Tille (2rinl or Type) This form is subject to the Freedom of Information Act and may be re/eased to requests under 5 U. S.C. § 552. ATTACHMENT IN RESPONSE TO QUESTION 8b Anedtra Havnes v. Paris-Lamar Counfv Health Deparlnaent, Cift of Paris, Texas, and Lamar Coun Texas, Cause No. 3: 01 CV0036, I7nited 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.