HomeMy WebLinkAboutResolution - 2008-R0478 - Agreement For Federal Equitable Sharing - US Dept. Of Justice - 12/04/2008Resolution No. 2008-RO478
December 4, 2008
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Federal Equitable Sharing Agreement by and
between the U. S. Department of Justice, the Federal Government, and the City of Lubbock, and
all related documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 4th day of December , 2008.
TOM MARTIN, MAY R
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CON T:
1
Dale Holton, Chief of Police
APPROVE, AS FORM:
Amy Sims, Assistant City Attorney
gs/ccdocs/.res.USDept of Justice -Fed Equitable Sharing Prog.
11.18.08
Equitable Sharing
Y
Agreement and
Certification
Resolution No. 2008—RO478
Alddl*� OMB Number 1123-0011
a Expires 7-31-2011
(FPolice Department OSheriffs Office OTask Force (Complete Table A, page 2)
0 District Attorney Q Other (specify)
Agency Name: Lubbock Police Department
- NCIC/ORI/Tracking Number: IT I X I 115 0 2 0 FUTI
1
Street Address: 916 Texas Avenue
City: Lubbock
Contact Name: Lance Slack
Contact Phone: 806-775-2868
Contact e-mail: lslack(a-),mylubbock.us
State: TX Zip: 79457
Contact Fax: (806) 775-3094
Last Fiscal Year End (mm/ddlyyyy): 09/30/2008
O New Participant: Read the Equitable Sharing Agreement (page -1) and sign the Affidavit (page -1)
OExisting Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement
(oaae -1). and sian the Affidavit (oaae -1)
OChange in Administration: Select to report change to Agency or Governing Body head DURING the current fiscal
vear. Read the Eauitable Sharina Aareement (oaae-1) and sian the Affidavit (oaae
OAmended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page
-1). and sian the Affidavit (oaae -1).
Annual Certification Report
Justice Treasury
Summary of Equitable Sharing Activity Funds Funds
1
Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY)
$221,310.42
$517.59
2
Federal Sharing Funds Received
$80,991.26
3
Federal Sharing Funds Received from Other Law Enforcemen
Agencies and Task Forces (complete Table B, page -1)
4
Other Income
C
5
Interest Income Accrued
(0 check if non-interest-bearing account)
1 $7,491.67$18.38
6
Total Equitable Sharing Funds (total of lines 1 - 5)
$309,793.35
$535.97
7
Federal Sharing Funds Spent (total of lines a - n below)
$172,297.20
$0.00
8
Ending Balance (subtract line 7 from line 6)
$137,496.15
$535.97
Page 1 of 5 November 2008
yw *41 W Version 1.3
Summary of Shared Monies Spent
Justice Funds Treasury Funds
a
Total spent on salaries for new, temporary, not -to -exceed
one year, employees
$46,629,698.00
p
b
Total spent on overtime
$125,354,813.00
q
c
Total spent on informant and "buy money"
d
Total spent on travel and training
$4,750.0]
e
Total spent on communications and computers
$28,352.39
f
Total spent on firearms and weapons
$510.79
9
Total spent on body armor and protective gear
$833.95
h
Total spent on electronic surveillance equipment
$13,949.05
i
Total spent on building and improvements
Total spent on other law enforcement expenses (complete
Table C, page -1)
$123,901.02
k
Total transfers to other state and local law enforcement
agencies (complete Table D, page -1)
I
Total 15% Expenditures in Support of Community-based
Proarams (complete Table E. oaae -1)
m
Total 25% Windfall Transfers to Other Government Agencies
(complete Table F, page -1)
n
Total spent on matching grants (complete Table G, page -1)
Total
$172,297.20
$0.00
Miscellaneous Data
o
Agency's budget for current fiscal year
$46,629,698.00
p
Jurisdiction's budget for current fiscal year
$125,354,813.00
q
Appraised Value of Other Assets Received
Table A: Members of Task Force
Agency Name
Address
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name, City, and State
Justice Funds
Treasury Funds
Page 2 of 5 November 2008
Version 1.3
Table C: Other Law Enforcement Expenses
Description of Expense
Justice Funds Treasury Funds
See Attachment $123,901.02
Table D: Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State
Table E: I IS% Expenditures in Support of Community-based Programs
Recipient
Table F: 25% Windfall Transfers to Other Government Agencies
Recipient
A
Table G: Matching Grants
Matching Grant Name
Table H: Civil Rights Cases
Name of Case
N/A
Type of Discrimination Alleged
Justice Funds Treasury Funds
Justice Funds Treasury Funds
Justice Funds Treasury Fund
Justice Funds Treasury Fund:
Status
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 Unit, 1400 New York Avenue, N.W., Second Floor,
Washington, DC 20005.
Page 3 of 5 November 2008
Version 13
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 (Daae -1)
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. 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 (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.
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 4 of 5 November 2008
Version 1.3
Affidavit
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 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.
Agency Head
Signature:
_h 01_�
2!_�,ML
Name:
Dale Holton
Title:
Chief of Police
Date:
Final Instructions:
Governing Body- Head
Signature:
Name: Tom Martin, Mayor
Title: Mayor
Date: December 4, 2008
Step 1: Save in PDF format for your records
Step 2: Save in XML format
Step 3: E-mail the XML file as attachment to aca.submit@usdoj.gov
Step 4: Fax a signed copy of THIS PAGE ONLY to (202) 616-1344
Note: The Agency will not be in compliance until the e-mail and the fax of this page are received.
FOR AGENCTU'S ' ,
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Page 5 of 5 November 2008
Version 1.3
Attachment to Federal Annual Certification Report
C. Other Law Enforcement Expenses
Funds
Item Description Expended
Narcotic Training Dog $12,000.00
Office Equipment 99,618.11
Vehicle Maintenance & Repair 12,282.91
$123,901.02