City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council authorize the Culver City Treasurer to enter into an
“Agreement to Deposit and Transfer Monies from the California Environmental
Protection Task Force Account” and the Culver City Police Chief to enter into a Plan
of Cooperation with the California Environmental Protection Task Force.
BACKGROUND/DISCUSSION:
During this year, the Culver City Police Department entered into an agreement with
the Environmental Protection Agency’s (EPA) California Environmental Protection
Task Force. The Culver City Police Department has assigned reserve officers, on a
limited basis, to assist this task force in working to investigate and monitor activities
associated with protection of the environmental and wildlife areas of Los Angeles
County.
This task force has been successful in prosecuting a number of entities that have
violated federal laws related to EPA standards. As part of the agreement with EPA,
the Culver City Police Department would be eligible to receive a part of the funds
associated with case settlements, penalties, fines and/or asset forfeitures resulting
from the violations of these environmental laws. The awards would be proportionate
to the participation of the Police Department. Any awards may not supplant any
existing funds budgeted to the Police Department. The guidelines are much the
same as drug asset forfeitures.
Meeting Date: 11/28/2005 Item Number: C-7
AGENDA ITEM: Authorization to Enter into an Agreement with the Environmental
Protection Agency, California Environmental Task Force and the City of Culver
City Treasurer’s Office to establish an Account for the Purposes of Depositing,
Distributing and Accounting of Funds.
Contact Person/Dept.: Captain Hank
Davies
Phone Number: (310) 253-6396
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List 11/23/05
Department Approval:
John A. Montanio 11/17/2005
CAO Approval:
Martin Cole for Jerry Fulwood 11/22/05
City Controller Approval:
Marlee Chang 11/22/05City of Culver City, California
City Council Agenda Item Report
The EPA has been unable to locate a suitable depository for these awarded fees
and has asked the City of Culver City Treasurer’s Office to act in this capacity. In
return for these services, the City of Culver City would be entitled to reimbursement
for its services in connection with the administration of the funds in an amount equal
to 2% per annum of the funds deposited in the account.
FISCAL ANALYSIS:
There would be no cost to the City and it is anticipated that the 2% administrative fee
would cover all services rendered in the administration of this fund. Currently there
is no cost for the Police Department’s participation in this task force as all personnel
assigned are reserve officers and equipment is provided. There is a strong
likelihood that the Police Department will receive a portion of any future awards
based on its participation.
ATTACHMENTS:
1. Plan of Cooperation “California Environmental Protection Task Force
2. Agreement to Deposit and Transfer Monies from the California Environmental
Protection Task Force Account
MOTION:
1. That the City Council authorize the City Treasurer to sign the Agreement to
Deposit and Transfer Monies from the California Environmental Protection Task
Force Account.
2. That the City council authorize the Police Chief to sign the Plan of Cooperation
California Environmental Protection Task Force agreement.
MEETING DATE November 28 2005
AGENDA ITEM Authorization to Enter into an Agreement with the
Environmental Protection Agency, California Environmental Task Force
and the City of Culver City Treasurer's Office to establish an Account for
the Purposes of Depositing, Distributing and Accounting of Funds
ATTACHMENTS
Panes
1 Plan of Cooperation California Environmental 1-7
Protection Task Force
2 Agreement to Deposit and Transfer Monies from
8-11
the California Environmental Protection Task Force
AccountPLAN OF COOPERATION
CALIFORNIA ENVIRONMENTAL PROTECTION TASK FORCE|109| Purpose of Plan of Cooperation
11 The purpose of this Plan of Cooperation ("POC") is as follows (1) to establish the
Califorrna Environmental Protection Task Force ("Task Force") and its Executive Committee,
(n) to set forth the plan of the signatones hereto for the administration of monies ("Funds' )
received by the City of Culver City ("City") and deposited m the City's Treasury in a special
revenue fund (the "Account") on behalf of the Task Force, and (m) to establish procedures for
the deposit and disbursement of Funds to Task Force members to fund projects, ventures and
actions for the protection and benefit of the environment in the geographical area ("Territory")
covered by the United States Environmental Protection Agency Criminal Investigation Division,
Region 9 ("EPA-CID Region 9") The projects, ventures and actions to be funded under this
POC mclude, but are not limited to the following acquinng equipment or other expenditures
relating to investigation and/or prosecution of cnminal violations of laws respectmg the
environment, staff traimng and education relating to environmental enforcement issues, and
acquisition of equipment to assist m the enforcement of environmental laws and protection of the
environment It is the intent of the signatones to this POC that the Funds be expended hereunder
for the purpose of enhancing and augmenting current environmental law enforcement actions and
education It is further the intent of the signatones that none of the Funds be expended to
supplant any existing funding of any governmental agency and/or to enable the budgets for such
agencies to be decreased in the area of environmental law enforcement actions
1 2 This POC creates the Executive Committee and sets forth operating guidelines for
its activities and appointment of one of its members to act on its behalf
1 3 This POC sets forth the expectations of the signatones as to the receipt,
management, and disbursement of the Funds, which may include monies received from time totime in connection with case settlements, penalties, fines and/or asset forfeitures resulting from
violations of Federal, State and/or local laws or regulations concerning the environment as
determined by the Courts of the United States, the United States Attorney for the Central Distnct
of California|109| Creation of Task Force and Executive Committee
2 1 The Task Force will consist of all of those law enforcement agencies whose chief
or pnncipal officer, elected or appointed, signs this POC The Executive Committee of the Task
Force will consist of the chiefs or principal officers of the signatory agencies, or their duly
authonzed designees
2 2 Additional law enforcement agencies may become members of the Task Force,
with the majonty approval of the Executive Committee, when the new member's chief or
pnncipal officer signs this POC When a new member joins the Task Force, its chief or principal
officer, or his/her designee, shall become a member of the Executive Committee
2 3 If a member of the Executive Committee is not performing his or her duties in a
manner consistent with the purposes of this POC, the other members of the Executive Committee
shall attempt to resolve the issue of such inconsistent performance, and if that attempt fails, shall
ask the chief or principal officer of the Task Force member to designate a different individual to
represent his/her agency on the Executive Committee If a new representative to the Executive
Committee is not designated within thirty (30) days of such request, the law enforcement agency
whose Executive Committee representative is not performing his or her duties m a maimer
consistent with the purposes of this POC may be removed from the Task Force by majority vote
of the Executive Committee
24 This initial meeting of the Executive Committee will take place withm sixty (60)
days of the signing of this POC by the chief or pnncipal officers of the founding law enforcement
agency members of the Task Force The Executive Committee then will determine the timing offuture meetings and the procedures to be followed at such meetings, subject to Section 7 of this
POC
2 5 By majority vote, the Executive Committee may designate one of its members to
act as its spokesperson and to carry out on its behalf such other duties and functions as the
Executive Committee shall direct
2 6 If any agency ceases to participate in Task Force activities, the Executive
Committee, by majority vote, may remove that agency from the Task Force, or the agency may
voluntarily resign from the Task Force Upon removal or resignation from the Task Force, the
agency's representative will cease to be a member of the Executive Committee
2 7 All members of the Executive Committee and all personnel and volunteers
affiliated with member agencies of the Task Force shall retain their affiliation with their member
agencies However, participation in Task Force operations will not create any new or additional
relationship of employee and employer or agent and principal between the personnel or
volunteers who participate in Task Force operations and the member agencies with which they
are affiliated Further, Task Force participation will not create any relationships of employee and
employer or agent and principal between any personnel or volunteers who participate in Task
Force operations and any other member agencies of the Task Force|109| Management of the Funds
3 1 It is the intention of the signatories of this POC that the Funds be disbursed only
to member agencies of the Task Force and only for Task Force purposes
3 2 Any member of the Executive Committee may propose or request disbursement
by the Executive Committee of a portion of the Funds to his/her member agency
3 3 By majority vote, the Executive Committee shall determine how the Funds will beexpended to which agency Funds will be disbursed and the amount of such disbursement Upon
making such decision, the Executive Committee shall transmit to the City's Treasurer (or such
other City officer as may be charged with administration of the City's Treasury) ("Treasurer")
written instructions for disbursement of the designated amount of the Funds to a member agency
for the designated Task Force purposes It is the intention of the signatories to this POC that the
Treasurer will not issue a warrant against the Account (or otherwise disburse Funds) until the
governing body of the member agency designated to receive the Funds, or its duly authorized
designee, has executed and provided to the Treasurer the Agreement Regarding Transfer and
Expenditure of California Environmental Task Force Funds and an addendum to that Agreement
pertaining to the particular expenditure for which the Funds are to be disbursed
3 4 The amount of the Funds disbursed to any agency member of the Task Force will
be reasonably commensurate with the contribution of th at agency to the work of the Task Force
generally and the case resulting in the receipt of the Funds specifically In making this
determmation, the Executive Committee shall be guided by the evaluation of agency contribution
(the "Contribution Evaluation") provided to it by the Special Agent in Charge of the EPA-ClP
Region 9 The Executive Committee will request a Contribution Evaluation prior to approving
instructions for disbursement of any of the Funds
3 5 The Executive Committee may place reasonable restrictions, terms and conditions
on the use of any Funds, including, but not limited to, reimbursement of the Account upon the
successful conclusion of an action for which assistance was specifically provided Any such
restriction, term or condition will be included in the wntten instructions for disbursement of the
Funds provided to the Treasurer and in the addendum to the Agreement Regarding Transfer and
Expenditure of California Environmental Task Force Funds that the recipient agency will be
required to execute before the Funds are disbursed
3 6 The Executive Committee will monitor the expenditure of the Funds by the
member agencies, and will promptly notify the member agency to which the Funds were
disbursed of any suspected or actual misuse of the Funds If the member agency fails to correctand reimburse any misuse of the Funds within thirty (30) days of such notice, the Executive
Committee will take appropnate action, including, but not limited to, notifying the authonty from
which the Funds were received of the misuse
3 7 The City shall be entitled to reimbursement for its services in connection with
administration of the Funds in an amount equal to 2% per annum of the Funds deposited in the
Account|109| Administration
4 1 Each Executive Conunittee Member shall have one vote and may vote on a
request for expenditures, grants or purchases which affects that Member's agency
42 All actions which the Executive Committee has the nght and authority to take
pursuant to this Agreement shall be taken or directed only upon a vote of a majonty of the
Executive Committee No vote shall be taken by the Executive Committee exceupt at a regularly
scheduled meeting or at a special meetmg ("Special Meeting") as descnbed herein A Special
Meeting of the Executive Committee may be called by any Member of said Committee for any
weekday during regular business hours by giving each of the other Executive Committee not less
than five calendar days notice of the time, place and purpose of such Special Meeting|109| Amendments
5 1 This Agreement may be amended only by vote of a majonty of the Executive
Committee|109| Effective Date and Termination
6 1 This Agreement shall be established upon execution hereof, and shall become
operational upon the first receipt of funds
6 2 This Agreement shall terminate when all Funds subject to said Agreement havebeen disbursed or the purpose of this Agreement is no longer necessary and a majonty of the
Executive Committee unanimously agree in writing to the termination hereof|109| Effect of Signature
Upon execution of this Agreement by a duly authorized signer, each of the agencies
signing this Agreement shall immediately become a member of the Task Force, and the chief or
principal executive officer of that agency, elected or appointed, shall become a Member of the
Executive Committee
AGENCY
Dated
An authorized signer
AGENCY
Dated
An authonzed signer
AGENCY
Dated
An authorized signer
AGENCY
Dated
An authorized signer
signatures continued on following page
‘0)AGENCY
Dated
An authonzed signer
Ls pa plan fcoop ranonl I 505
N)AGREEMENT TO DEPOSIT AND TRANSFER MONIES FROM THE CALIFORNIA
ENVIRONMENTAL PROTECTION TASK FORCE ACCOUNT
THIS AGREEMENT ("Transfer Agreement") to Deposit and Transfer Monies From the
California Environmental Protection Task Force Account (the "Account") is entered into this
day of 2005, which date is enumerated for purposes of reference only, by
and between the City of Culver City ("City") and the Department ("Transferee")
WHEREAS, Transferee is a participant in the California Environmental Protection Task
Force (the "Task Force"), and
WHEREAS, in the Treasury of the City, there exists the Regional Environmental
Protection Account ("Account"), which is to be used exclusively for deposit and disbursement of
monies for projects and actions of police agencies participating in the Task Force that involve
investigation, monitoring or other activities associated with the protection and benefit of
environmental and wildlife resources in the geographic area (the "Territory") covered by the
United States Environmental Protection Agency ("EPA") Criminal Investigation Division,
Region 9, including, but not limited to, acquiring equipment and other expenditures relating to
investigation, prosecution and education, and
WHEREAS, Transferee and other police agencies that are participants in the Task Force
may receive funds ("Funds") from time to time in connection with case settlements, penalties,
fines and/or asset forfeitures resulting from violations of Federal, State and/or local laws or
regulations concerning the environment as determined by the Courts of the United States, the
United States Attorney for the Central District of California, or agreement, and
WHEREAS, Transferee and City wish to cooperate to provide a means of depositing and
disbursing any such Funds as may be received, and have entered into a Plan of Cooperation
("POC") (copy attached as Exhibit "A" hereto) to provide the procedures for receipt and
disbursement of Funds, and
TransferAgreel 1 8 05 Page 1 of 4
(p)WHEREAS, the Members of the Task Force have established a Task Force Executive
Committee ("Executive Committee") and have authorized said Executive Committee to disburse
a portion or all of the Funds received by the Task Force as may be available at any given time
pursuant to the terms and conditions of the POC, and
WHEREAS, the parties to this Transfer Agreement intend by the POC and this Transfer
Agreement to provide a mechanism whereby the Executive Committee may disburse to
Transferee such portion of the Funds as the Executive Committee may, in the exercise of its
discretion, determine appropriate for the purposes set forth in Exhibit "A",
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS
Upon receipt from City of any Funds transferred to it from the Account (the "Transferred
Funds"), Transferee shall be bound by the following obligations|109| Transferee shall ensure that Transferred Funds and any personal property or
equipment acquired with the Transferred Funds are used exclusively for the purposes set forth in
this Transfer Agreement throughout the useful life of such personal property or equipment|109| If personal property or equipment acquired with any Transferred Funds become
obsolete, Transferee shall dispose of such property or equipment only in accordance with the
instructions of the Executive Committee
(._ ,I -1|109| Transferee and GetwAy shall be subject to examination and audit by the office of
the United States Attorney for the Central District of California or its designee with respect to
this Transfer Agreement and/or any Transferred Funds at any time and for a further period of
three years after termination hereof
4 Transferee agrees to indemnify, defend and save harmless City and all other
agency members of the Task Force, and their officers, agents, employees and volunteers from
any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
laborers, and any other person, firm or corporation furnishing or supplying work services,
materials or supplies in connection with Transferee's performance of its obligations under this
Transfer Agreement, and from any and all claims and losses accruing or resulting to any person,
Transfer \gee' 1 805 Page 2 of 4
ofirm, or corporation who may be injured or damaged by Transferee or its officers, agents,
employees or volunteers in the performance of this Transfer Agreement|109| No alteration or vanation of the terms of this Transfer Agreement shall be valid
unless made in wntmg and signed by duly authorized representatives of the parties hereto, and
no oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto|109| Transferee may not assign this Transfer Agreement in whole or part|109| For a penod of three years after final payment hereunder or until all claims
related to this Transfer Agreement are finally settled, whichever is later, Transferee shall
preserve and maintain all documents, papers and records relevant to the work performed or
property or equipment acquired in accordance with this Transfer Agreement For the same time
period, Transferee shall make said documents, papers and records available to any transferee
member of the Task Force or their duly authorized representative(s), for examination, copying,
or mechanical reproduction on or off the premises of Transferee, upon request dunng usual
working hours|109| Transferee shall provide to the Executive Committee, promptly upon request, all
records and information about the Transferred Funds and such other reports or records as the
Board of Governors may require|10 9| Should an audit result in the disallowance of any expenditure or use of
Transferred Funds, Transferee shall promptly repay to the Account the full amount of any
Transferred Funds for which the use or expenditure was disallowed
10 City shall be relieved of the obligation to make any payment of any consideration
to Transferee if there are insufficient moneys in the Account make such payment In the event
of termination, City shall disburse any monies remaining in the Account in accordance with the
direction of the Executive Committee
11 Transferee, and its officers, agents, employees and volunteers shall act in an
independent capacity in the performance of this Transfer Agreement
I TransferAgeell 805 Page 3 of 412 Transferee and its officers, agents, employees and volunteers shall abide by all
applicable federal, State and local laws, including all applicable statutes, regulations, executive
orders and ordinances
IN WITNESS WHEREOF, the parties have executed this Transfer Agreement in the
City of County of , State of California
DATED , 2005 City of Culver City
By
"CITY"
APPROVED AS TO FORM
City Attorney
By DATED DATED TRANSFEREE
By By ATTEST
City Clerk
DATED
TransferAgreell 805 Page 4 of 4|10 13|