HomeMy WebLinkAboutA4559 - POLICE NARCOTICS TASK FORCE FEDERAL EQUITABLE SHARING AGREEMENT PS Narcotics Task Force
Federal Equitable-Sharing Agr
AGREEMENT #4559
"VALID THRU SEPTEMBER 30, 2005" CM signed 8-27-02
Federal Equitable Sharing Agreement. Fv=
Law Enforcement Agency: Palm Springs Narcotics Task Force O Check if New Participant
Q Police Department O Sheriff's Office/Department (2)Task Force'
Q Prosecutor's Office 0 Other
Contact Person: Detective;Greg Jackson E-mail Address: www.ci.palm—springs.ca.us
Mailing Address: 200 South Civic Drive, Palm Springs, CA 92262
(Street) (City) (slate) (Zip Code)
Telephone Number: ( 760 ) 323-8131 x 8679 Fax Number: ( 760 ) 323-9176
Agency Fiscal Year Ends on: 06/30 NCIC/ORI/Tracking No.: CAQE00118
(MonddDay)
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 bythe 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 hot])
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 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 Justice/ACA Program Executive Office for Asset Forfeiture
I Oth and Constitution Avenues,NW U.S. Department of the Treasury
Criminal Division/AFMLS 740 15th Street,NW, Suite 700
Bond Building,Tenth Floor Washington,D.C. 20220
Washington, D.C. 20530 E-mail address: treas.aca@teoaf.treas.gov
Fax: (202)616-1344 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 tiny
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 92-22.46p 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 mustbe attached to the Federal Annual
Certification Report.
i Attach list of member agencies with their addresses and indicate lead agency.
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 (Justice Guide), and the
Department of the Treasury's Guide to Equitable Sharingfor 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 ofexisting 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
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 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?
Q Yes (2; No (If you answered yes, attach relevant information. See instructions.)
8b. Are there pending in federal or state court,or before any federal or state administrative agency,proceedings
against your agency alleging discrimination?
Q Yes Q No (If you answered yes,attach relevant information. See instructions.)
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 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 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.
GARY JEANDRON 08-27-02 DAVID H. READY, CITY MANAGER
Name(Print or Type) Date Name(Print or Type) Date
Law Enforcement Agency Head or Authorized Representative Governing Body Head or Authorized Representative
(Signatur (Signature)
CHIEF OF POLICE CITY MANAGER
Title(Print or Type) Title (Print or Type)
This form is subject to the Freedom of Information Act and may be released to requests under5 U.S.C.§552. u
PSPD
Federal Equitable Sharing Agr
AGREEMENT 14559
GM signed 8-27-02
"VALID THRU SEPTEMBER 30, 2005"
Federal Equitable Sharing Agreement )
Law Enforcement Agency: Palm Springs Police Department 0 Check if New Participant
® Police Department O Sheriffs Office/Department Q Task Force'
Q Prosecutor's Office O Other
Contact Person: Detective Greg Jackson E-mail Address: www•ci.palm-springs.ca.us
Mailing Address: 200 South Civic Drive Palm Springs CA 92262
(Street) (City) (State) (Zip Code)
Telephone Number: ( 760 ) 393-8131 x 8679 Fax Number: ( 760 ) 393-9126
Agency Fiscal Year Ends on: 06/30 NCIC/ORI/Tracking No.: CA0331100
(Mond✓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 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 departments or
as outlined in their equitable sharing guidelines.
U.S. Department of Justice/ACA Program Executive Office for Asset Forfeiture
I Oth and Constitution Avenues,NW U.S. Department of the Treasury
Criminal Division/AFMLS 740 l5th Street,NW, Suite 700
Bond Building,Tenth Floor Washington, D.C. 20220
Washington, D.C. 20530 E-mail address: treas.aca@teoaf.treas.gov
Far: (202)616-1344 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 ojtbe signed agreement is a prerequisite to receiving ally
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 transferrer)mustbe attached to the Federal Annual
Certification Report.
t Attach list of member agencies with their addresses and indicate lead agency.
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 (Justice Guide), and the
Department of the Treasury's Guide to Equitable Sharingfor 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
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 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.
Be. 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?
O Yes (7b 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?
Q Yes (N)No (If you answered yes,attach relevant information. See instructions.)
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 et seq.),Title IX of the Education Amendments of 1972 (20 U.S.C.§ 1681 at sell.),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,
GARY dEANDRON 08-27-02 DAVID H. READY 8/27/02
Name(Print or Type) Date Name(Print or Type) Date
Law Enforcement Agency Head or Authorized Representative Governing Body Head or Authorized Representative
(Signatur (Signature)
CHIEF OF POLICE CITY MANAGER
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 U.S.C. §552.
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