HomeMy WebLinkAboutReso 2005-803
RESOLUTION NO. 2005- ~().3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE TO ENTER INTO A RENEWAL AGREEMENT
~THTHEFEDERALGOVERNMENT~TEDSTATESDEPARTMENT
OF JUSTICE AND TREASURY) TO RECEIVE FORFEITED PROPERTY,
EFFECTIVE FROM OCTOBER 1, 2005 THROUGH SEPTEMBER 30,2008;
AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER
AND CHIEF OF POLICE TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Chief of Police has determined that there is a great need for the City's
continued participation in a joint effort of all municipal law enforcement agencies to work in a
cooperative manner whenever it is needed; and
WHEREAS, the United States Department of Justice and the United States Department of
Treasury has a Federal Equitable Sharing Program and the City wishes to renew its agreement,
attached hereto as Exhibit "A", effective October 1,2005 through September 30,2008, allowing the
City to receive forfeited property, with restrictions upon the use offederally forfeited cash, property,
proceeds, and any interest earned thereon, which are equitably-shared with participating law
enforcement agencies; and
WHEREAS, the Police Department intends to use the funding for various Police equipment
and programs to enhance community service to the residents of Sunny Isles Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Federal Equitable Sharing Agreement, effective
October 1, 2005 through September 30, 2008, to receive forfeited property from the United States
Department of Justice and Treasure for participating in the Federal Equitable Sharing Program,
attached hereto as Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization ofthe Mayor and Chief of Police. The Mayor and the Chief of Police
are hereby authorized to execute the Federal Equitable Sharing Agreement.
Section 3. Authorization of the City Manager and Chief of Police. The City Manager and the
Chief of Police are hereby authorized to do all things necessary to effectuate the terms of the
Agreement.
R2005- Federal Equitable Sharing Agmt
.. -
Section 4.
Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of June, 2005
ATTEST:
(~. A ~
Jane A. Hines,'City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Eri~ri~ ~~~~ttomey
Vote: S-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
R2005- Federal Equitable Sharing Agmt
Moved by:
Seconded by:
V(Yes)
t...--"(Yes)
~Yes)
~(Yes)
~Yes)
~'m~~~~~
_(No)
_(No)
_(No)
_(No)
_(No)
2
Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 30, 2008
Law Enforcement Agency:
Sunny Isles Beach Police Department
o Check if New Participant
o Police Department
o Sheriffs Office/Department
o Task Force (attach list ofmembc:r>)
o Prosecutor's Office 0 Other
Contact Person:
Lt. Michael A. Grandinetti
E '1 Add mgrandinetti@sibfl.net
-mal ress:
Mailing Address:
18070 Collins Avenue Sunny Isles Beach, Florida 33160
. (Street) (City) (State)
(Zip Code)
Telephone Number: (305
947-4440 x1857
Fax Number: ( 305 ) 792-1580
Agency Fiscal Year Ends on: September 30,
(Month/Day)
NCIC/ORlrrracking No.: FL0135 100
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.
Asset Forfeiture and Money Laundering Section
U.S. Department of Justice
lOth and Constitution A venue, NW
Bond Building, 10'h Floor
Washington, DC 20530
Fax: (202) 616-1344
E-mail address: afmIs.acatw.usdoi.gov
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 15th Street, NW
Suite 700
Washington, DC 20220
Fax: (202) 622-9610
E-mail address: treas.acatw.teoaf.treas.l!ov
2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
Examples of law enforcement 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. 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 TDF 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local 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 and the amount transferred must be attached to the Federal Annual
Certification Report.
April 2005
S\B
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 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
public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to Equitable
Sharing ofF ederally 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 reported on the Annual Certification Report.
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-B3. 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?
OVes
. 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 Ves . 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. ~ 2000det seq.), Title IX of the Education Amendments of1972 (20 U.S.C. ~ 1681 etseq.), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.c. ~ 794), and the Age Discrimination Act of1975 (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) FI<ED A. /Y!,:JAS Date
Law Enforcement Agency Head
Signature:
Title:
ChiEF of Yclice
Title:
ATTEST:
This fonn is subject to the Freedom of Information Act and may be released under 5 V.S.C. 9 552.
See, www.usdoi.gov/criminallafmls,html or www.treas.20v/offices/enforcementlteoaffor additional forms.
~: ,.APi~::~d S:~f~~i:~:
Jane A. . Hines
and
by:
\.
April 2005
SIB
Federal Equitable Sharing Agreement Instructions
Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency - e.g., Anytown
Police Department. This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency.
Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if designated.
New Participant: Check this box if your agency has never received any cash, proceeds, or property from the equitable
sharing program.
Contact Person: Enter the name of the person who can provide additional information on the sharing agreement fonn.
E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency.
Mailing Address: Enter your agency's complete mailing address (number, street, city, state, and zip code).
Telephone Number: Enter the phone number of the contact person, including area code and extension.
Fax Number: Enter your agency's fax number including area code.
Agency Fiscal Year Ends on: Enter the ending date (month/day) of your agency's fiscal year - e.g., 6/30.
NCIC/ORlnracking No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code - e.g.,
CAOOOOOOO - or tracking number assigned by the Asset Forfeiture and Money Laundering Section.
Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement
agencies that receive federal financial assistance from the Department of Justice (DOJ) are subject to the provisions of: (1)
Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; (2) Title
IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational
programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and (4)
the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. Federal financial assistance includes
funds, training and technical assistance, logistical support, and property transfers from DOJ including equitable sharing.
Agencies receiving assistance are required to permit DOJ investigators access to records and any other sources of information
as may be necessary to determine compliance with civil rights laws. If the "yes" box is checked in 8a and/or 8b, provide
the foUowing information: the name of the case; a summary of the complaint; and the status of the case - e.g., Jones
v. Anytown Police Department; sex discrimination; settled. Please do not send a copy of the complaint.
Law Enforcement Agency Head: The head of your law enforcement agency must sign and date the form. Name and
title of the signatory must be printed or typed. Examples of law enforcement 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. For task forces, the law enforcement
agency head is the person who oversees task force operations and may be the chieflaw enforcement officer of the lead agency
- e.g., police chief or sheriff - or a commander, lieutenant, or captain who oversees task force operations. By signing the
agreement, the signatory certifies that the receiving state or local law enforcement agency is in compliance with the Justice
and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program.
Governing Body Head: The head of your governing body must sign and date the form. Name and title of the signatory
must be printed or typed. For purposes of this form, a governing body is the person or entity that has appropriations authority
over your agency. That is, the governing body has legislative authority to approve your agency's annual budget. Examples
of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson,
director, secretary, administrator, commissioner, and governor. In general, a law enforcement official should not sign as
the governing body head. An exception will be granted for law enforcement officials that have appropriations authority over
a task force. For task forces with a governing board, the board chairperson should sign as the governing body head. Task
forces whose budgets are approved in the same manner as a city, county, or state law enforcement agency should obtain the
signature of the appropriate official- e.g., city manager, mayor, etc. By signing the agreement, the signatory certifies that
the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, ~
bound by the statutes and guidelines which regulate the equitable sharing program. _
S\B
"",~o.".'>'~ "'\""~....
.-eaeral Annual Gertltlcation Report
This report must be submitted within 60 days after the close of your fiscal year to the:
Asset Forfeiture and Money Laundering Section
U.S. Department of Justice
10th and Constitution Avenue, NW
Bond Building. 10" Floor
Washington. DC 20530
Fax: (202) 616-1344
E-mail address: ahnls.acat1llusdoi.gov
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 15th Street, NW
Suite 700
Washington. DC 20220
Fax: (202) 622-9610
E-mail address: treas.acat1llteoaf.treas.gov
Law Enforcement Agency:
o Police Department 0 Sheriffs Office/Department
Contact Person:
o Prosecutor's Office 0 Other
o Task Force (attach list ofmembcrs)
E-mail Address:
(City)
(State) (Zip Code)
Mailing Address: (Street)
Telephone Number: ~)
Fax Number: ~)
Agency Fiscal Year Ends on: (Month/Day/Year)
NCIC/ORlITracking No.:
Summary of Equitable Sharing Activity
(Fiscal Year Ending )
I.
2.
3.
4.
5.
6.
7.
8.
9.
Justice Funds
(DEA, FBI, etc)1
$
$
$
$
$
$
$(
$
$
Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) . .
Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury. . . . . . . , .
Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)
Other Income ...................,.............,.............,.............................
Interest Income Accrued (0 check if non-interest-bearing account) .......,...........................
Total Equitable Sharing Funds (total ofhnes I - 5) .........."..,.,...,.,...............,...."...
Federal Sharing Funds Spent (total ofhnes a - n) . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . , . .
Ending Equitable Sharing Fund Balance (subtract line 7 from hne 6) ............,...,.........."....,
Appraised Value of Other Assets Received ..........,.........,............,............,........
Summary of Shared Monies Spent
Total spent on salaries for new, temporary, not to exceed I-year employees .......,...................,. $
Total spent on overtime. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . , , . . . . . . . . . . . . . . . . , . . , .. $
Total spent on infonnant and "buy money" ,................,....,........,....................,. $
Total spent on travel and training .... . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
Total spent on communications and computers .........,................,..,..................... $
Total spent on fireanns and weapons .............................."....,...................... $
Total spent on body annor and protective gear. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . , . . . . . .. $
Total spent on electronic surveillance equipment. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
Total spent on building and improvements.. . . . . . . . . , . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . , . . . . . . . .. $
Total spent on drug education and awareness programs . . . . . . . . . , . . . . . . . . , , . . . . , . . . . . . . . , . . . . . . . . . ,. $
Total spent on other law enforcement expenses (complete attachment) . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . .. $
Total transfers to other state and local law enforcement agencies (complete attachment) ................... $
m, Total permissible use transfers (complete attachment) . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . ,. $
Amount of line (m) used for drug abuse treatment
and prevention programs ................. $
Total spent on matching grants (complete attachment) . . . . . . . , . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
Your agency's budget for current fiscal year ........................................ $
Your jurisdiction's budget for current fiscal year. . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . $
Your agency's budget for prior fiscal year ..............,...,....................... $
Your jurisdiction's budget for prior fiscal year. . . . , . . . . . . , . . . . , . , . . , . . . . . . . . . , . . , . . . . $
a.
b.
c.
d.
e.
f.
g.
h.
1.
J.
k.
I.
n.
0,
p.
q.
r.
Treasury Funds
(IRS, ICE, etc)2
$
$
$
$
$
$
$(
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Under the penalty ofpeJjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law
enforcement agency under the federal equitable sharing program during this reporting period.
Name (Print or Type)
Law Enforcement Agency Head
Date
Name (print or Type)
Governing Body Head
Signature:
Signature:
Title:
Title:
Date
This fonn is subject to the Freedom ofInfonnation Act and may be released WIder 5 U.S.c. ~ 552. See www.usdoi.l!ov/criminallafmIs.htl11l or www.treas.l!ov/officeslenforcementlteoafforadditional fonos.
'Include UDder Justice funds ,bared cash, proceeds. and property received from the Drug Enforcement Administration (DEA), Federal Bureau of Inve,tigation (FBI), U.S. Attorney', Office, U.S. Postal Inspection Service.
Food and Drug Administration. and U.S. Department of Agriculture.
'Include UDder Treasury funds shared cash, proceeds. and property received from the Bureau of Alcohol. Tobacco. Fireanns and Explosives (ATF)", Internal Revenue Service (IRS). U.S.
Immigration and Customs Enforcement (ICE). U.s. Customs and Border Protection. U.S. Secret Service. and U.S. Coast Guard.
"The Bureau of Alcohol. Tobacco. Fireanns and Explosives is a component of the Department of Justice, hut ATF's equitable sbaring is currently processed by the Department of
the Treasury, Until further notice, please deposit all equitably sbared casb and proceeds from A TF in your agency's Treasury fund.
Apnl2005
~IR
Federal Annual Certification Report Attachment
3. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces
Amount Received
Name of Law Enforcement Agency Agency Address Justice Funds Treasury Funds
$ $
$ $
$ $
If additional space is needed, please attach additional page. Attachment 0 Yes 0 No
k. Total Spent on Other Law Enforcement Expenses
Amount Spent
Item Purchased Justice Funds Treasury Funds
$ $
$ $
$ $
Ifadditional space is needed, please attach additional page. Attachment 0 Yes 0 No
I. Total Transfers to Other State and Local Law Enforcement Agencies
Amount Transferred
Name of Law Enforcement Agency Agency Address Justice Funds Treasury Funds
$ $
$ -- $
-- ____h_mn
$ $
If additional space is needed, please attach additional page. Attachment 0 Yes 0 No
m. Total Permissible Use Transfers
Amount Spent
Name of Recipient Agency Justice Funds
$
$
$
If additional space is needed, please attach additional page. Attachment 0 Yes 0 No
n. Total Spent on Matching Grants
Amount Spent
Name of Grant Justice Funds Treasury Funds
$ $
$ $
$ $
If additional space is needed, please attach additional page. Attachment 0 Yes 0 No
Apnl 2005
~IR
Federal Annual Certification Report Instructions
Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency - e.g., Anytown
Police Department. This must be consistent with the DAG-7l. Check the appropriate box to indicate type of agency.
Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if
designated.
Contact Person: Enter the name of the person who can provide additional information on the certification report.
E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency.
Mailing Address: Enter your agency's complete mailing address (number, street, city, state, and zip code).
Telephone Number: Enter the phone number of the contact person, including area code and extension, if any.
Fax Number: Enter your agency's fax number, including area code.
Agency Fiscal Year Ends on: Enter the ending date (month/day/year) of your agency's fiscal year - e.g., 6/30/05.
NCIC/ORI/Tracking No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code - e.g.,
CAOOOOOOO - or tracking number assigned by the Asset Forfeiture and Money Laundering Section.
Beginning Equitable Sharing Fund Balance: Enter on line 1 the amount in your federal forfeiture fund account at
the beginning of your fiscal year. The amount entered on line 1 must match the Ending Equitable Sharing Fund Balance
reported on your agency's Federal Annual Certification Report for the prior fiscal year. If the Beginning Equitable Sharing
Fund Balance differs from the Ending Equitable Sharing Fund Balance reported last year, an amended Federal Annual
Certification Report must be submitted. Separate Justice funds from Treasury funds. Include under Justice funds
shared cash and/or proceeds received from the Drug Enforcement Administration (DEA), Federal Bureau of Investigation
(FBI), U.S. Attorney's Office, u.s. Postal Inspection Service, Food and Drug Administration, and U.S. Department of
Agriculture. Include under Treasury funds shared cash and/or proceeds received from the Bureau of Alcohol, Tobacco,
Firearms and Explosives (A TF), Internal Revenue Service (IRS), U.S. Immigration and Customs Enforcement (ICE), U.S.
Customs and Border Protection, U.S. Secret Service, and U.S. Coast Guard. Please note that A TF is a component of the
Department of Justice, but A TF' s equitable sharing is currently processed by the Department of the Treasury. Until further
notice, please deposit all equitably shared cash arl<tproceeds'-from A TF in your agency's Treasury fund.
Federal Sharing Funds Received from the Departments of Justice and Treasury: Enter on line 2 the total
amount of shared cash and/or proceeds received from the federal equitable sharing program. For example, if your fiscal
year ends 6/30/05, include all sharing funds received from 7/1/04 through 6/30/05. Separate Justice funds from Treasury
funds. Funds from state and local forfeitures should not be reported on the Federal Annual Certification Report.
Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces: Enter on line
3 the total amount of federal sharing funds received from other state and local law enforcement agencies and task forces.
Please provide a list of the agencies your agency received funds from, their address, and the amount received on the Federal
Annual Certification Report Attachment.
Other Income: Enter on line 4 the proceeds from the sale of shared property or any amounts returned to your forfeiture
fund account - e.g., funds from the sale of a car placed in official use or reimbursements received from your city, county,
or state for expenditures made with shared funds.
Interest Income Accrued: Enter on line 5 the interest earned on your federal forfeiture fund account during your fiscal
year. Account for Justice and Treasury interest income separately. Check box if shared funds are in a non-interest-bearing
account.
Total Equitable Sharing Funds: Add the beginning equitable sharing fund balance (line I), the federal sharing funds
received from the Department of Justice and the Department of the Treasury (line 2), federal sharing funds received from
state and local law enforcement agencies and task forces (line 3), other income (line 4), and interest income (line 5). Enter
on line 6 the total amount.
Federal Sharing Funds Spent: Add items a through n. Enter the total amount on line 7.
..." R
Ending Equitable Sharing Fund Balance: Subtract the federal sharing funds spent (line 7) from the total equitable
sharing funds (line 6). Enter on line 8 the ending balance.
Appraised Value of Other Assets Received: Enter on line 9 the fair market value of any federally forfeited property
received - e.g., if the fair market value of a car is $10,000, then enter $10,000 on line 9. Note: When the car is sold,
proceeds from the sale must be deposited in your federal equitable sharing account and recorded as other income (line 4)
in the year sold.
Summary of Shared Monies Spent: Enter on lines a-n the total amount spent for each item listed.
Total Spent on Drug Education and Awareness Programs: Enter on line j the total amount your agency spent
conducting drug education and awareness programs.
Total Spent on Other Law Enforcement Expenses: Enter on line k the total amount of expenses not listed in items
a through j. Please provide a list of items purchased and the amount spent on the Federal Annual Certification Report
Attachment.
Total Transfers to Other State and Local Law Enforcement Agencies: Enter on line I the amount transferred
to other state and local law enforcement agencies. Please provide a list of recipients, their address, and the amount
transferred on the Federal Annual Certification Report Attachment. Before transferring funds, your agency must verify
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.
Total Permissible Use Transfers: The Department of Justice permits state and local law enforcement agencies to use
up to 15 percent of shared funds received during the last two fiscal years to support drug abuse treatment, drug and crime
prevention education, housing and job skills programs, or other nonprofit community-based programs or activities, which
are formally approved by the chieflaw enforcement officer - e.g., chief, sheriff, or prosecutor - as being supportive of and
consistent with a law enforcement effort, policy, and/or initiative. Law enforcement agencies may not transfer cash
to non-law enforcement agencies or private nonprofit organizations. Law enforcement agencies may either 1) directly
pay specific expenses on behalf of the recipient agency/organization or 2) reimburse the agency/organization by check for
itemized expenditures. Enter on line m the total amount spent on behalf of non-law enforcement agencies and private
nonprofit organizations. Please provide a list of recipients and the amount spent on the Federal Annual Certification Report
Attachment.
Amount Used for Drug Abuse and Prevention Programs: From line ~~ e~ter the total amouili usedfo-; drugabuse
treatment and prevention programs.
Total Spent on Matching Grants: Enter on line n the amount of federal equitable sharing funds your agency spent
to match grants. Please provide the name of grants matched and the amount spent to match each grant on the Federal
Annual Certification Report Attachment.
Your Agency's Budget for Current Fiscal Year: On line 0, enter your agency's budget for the current fiscal year.
If completing the certification for FY 2005, enter your agency's budget for FY 2006.
Your Jurisdiction's Budget for Current Fiscal Year: Enter on line p your city/county/state's budget for the current
fiscal year. If completing the certification for FY 2005, enter your jurisdiction's budget for FY 2006.
Your Agency's Budget for Prior Fiscal Year: On line q, enter your agency's budget for the prior fiscal year. If
completing the certification for FY 2005, enter your agency's budget for FY 2005.
Your Jurisdiction's Budget for Prior Fiscal Year: Enter on line r your city/county/state's budget for the prior fiscal
year. If completing the certification for FY 2005, enter your jurisdiction's budget for FY 2005.
Law Enforcement Agency Head: The head of your law enforcement agency must sign and date the form. Name and
title of the signatory must be printed or typed. Examples of law enforcement 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. For task forces, the law
enforcement agency head is the person who oversees task force operations and may be the chief law enforcement officer
of the lead agency - e.g., police chief or sheriff - or a commander, lieutenant, or captain who oversees task force
Apnl 2005
~IR
operations. By signing the Federal Annual Certification Report, the signatory certifies that this report is an accurate
accounting of federal equitable sharing funds received and spent by the law enforcement agency during the reporting
period.
Governing Body Head: The head of your governing body must sign and date the form. Name and title of the signatory
must be printed or typed. For purposes of this form, a governing body is the person or entity that has appropriations
authority over your agency. That is, the governing body has legislative authority to approve your agency's annual budget.
. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council
chairperson, director, secretary, administrator, commissioner, and governor. In general, a law enforcement official
should not sign as the governing body head. An exception will be granted for law enforcement officials that have
appropriations authority over a task force. For task forces with a governing board, the board chairperson should sign as
the governing body head. Task forces whose budgets are approved in the same manner as a city, county, or state law
enforcement agency should obtain the signature of the appropriate official- e.g., city manager, mayor, etc. By signing
the Federal Annual Certification Report, the signatory certifies that this report is an accurate accounting of federal equitable
sharing funds received and spent by the law enforcement agency during the reporting period.
Mail the Federal Annual Certification Report to the Departments of Justice and Treasury at:
Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture
U.S. Department of Justice U.S. Department of the Treasury
lOth and Constitution Avenue, NW 740 15th Street, NW
Bond Building, 10m Floor Suite 700
Washington, DC 20530 Washington, DC 20220
Fax: (202) 616-1344 Fax: (202) 622-9610
E-mail address: afrnls.aca@usdoi.gov E-mail address: treas.aca@teoaf.treas.gov
The original Federal Annual Certification Report should be sent to the Department from which your agency primarily
receives shared funds. A copy should be sent to the other Department and to the U.S. Attorney in the district in which
your agency is located. Additional copies of this report can be downloaded from the Department of Justice website at
www.usdoi.l!ov/criminallafrnls.html or the Department of the Treasury website at
www .treas.l!ov/offices/enforcement/teoaf.
April 2005
SIB
U.S. Department of Justice
Criminal Division
Washing/on, D.C. 20530
APR - 8 2005
Dear State and Local Law Enforcement Agency:
Your current Federal Equitable Sharing Agreement will expire this September. To allow
for your continued participation in the equitable sharing program, please complete the enclosed
Federal Equitable Sharing Agreement. The new agreement is valid through September 30,2008
and should be submitted by June 1,2005.' Since all incoming mail is sanitized and irradiated
prior to delivery, early submission of your Federal Equitable Sharing Agreement will ensure that
there is no lapse in your agency's compliance status.
The Federal Annual Certification Report, also attached, is due 60 days after the close of
your agency's fiscal year. The signed certification report is valid for one year and must be
submitted each year, regardless of whether your agency received shared funds. Submission of
the Federal Equitable Sharing Agreement and Federal Annual Certification Report are
prerequisites to the distribution of equitably shared cash, proceeds, and property.
The Federal Equitable Sharing Agreement and Annual Certification Report must be
signed by the head of your law enforcement agency and the head of your governing body. The
Asset Forfeiture and Money Laundering Section receives numerous inquiries regarding who is
authorized to sign as the governing body head. For equitable sharing purposes, a governing body
is the person or entity that has legislative authority to approve your agency's annual budget.
Examples of governing body heads include city manager, mayor, city council chairperson, county
executive, county council chairperson, director, secretary, administrator, commissioner, and
governor. Law enforcement officials should not sign as the governing body head.
If you need additional copies ofthe Federal Equitable Sharing Agreement or Federal
Annual Certification Report, the forms may be downloaded from the Department of Justice
website at www.usdoi.gov/criminaI/afmls.html. If your agency does not have Internet access,
please retain a blank copy of the enclosed forms for future use.
Any questions regarding reporting requirements and procedures may be directed to Junior
Financial Analyst Lisa Trueblood at (202) 616-0702 or to the Law Enforcement Coordinating
Committee (LECC) Manager in your district's U.S. Attorney's Office.
1 If there is a change in administration at your agency or governing body, a new
agreement must be submitted.
S II
-2-
In addition to forwarding the new Federal Equitable Sharing Agreement and Federal
Annual Certification Report, I want to inform you that the United States Marshals Service
(USMS) is changing the way it disburses equitable sharing funds. Rather than issuing Treasury
checks, USMS will disburse equitable sharing via Electronic Funds Transfer (EFT). This
transition will take approximately a year to complete and will be implemented one state at a time.
The USMS will send an Automated Clearing House Vendor Payment Enrollment Form to all
program participants to collect the banking information needed to transmit equitable sharing
electronically. The completed enrollment form should be forwarded to Booth Management
Consulting, LLC. Questions regarding EFT may be directed to the USMS at
E.Share.Help@usdoi.gov or (202) 307-9205.
Sincerely,
c vV~
eer, Chief
Asset Forfeiture and Money
Laundering Section
Enclosures
SIB
IIA\.I~..';.
\UtI
DEPARTMENT OF THE TREASURY
DEPUTY ASSISTANT SECRETARY FOR TERRORIST FINANCING
AND FINANCIAL CRIME
EXECUTIVE OFFICE FOR ASSET FORFEITURE
740 15TH ST. N.W., SUITE 700, WASHINGTON, D.C. 20220
TELEPHONE: (202) 622-9600
FAX: (202) 622-9610
APR - 8 2005
Dear State and Local Law Enforcement Agency:
The Departments of Treasury and Justice are again doing a joint mailing of the agreement
and certification forms as a means of reducing paperwork for your agency. The new"Valid
thru September 30, 2008" Federal Equitable Sharing Agreement and the revised Federal
Annual Certification Report are the same forms, which should be submitted to both
Treasury and Justice. Highlights of these reporting requirements are:
~ The Federal Equitable Sharing Agreement shall be submitted every three years.
The enclosed agreement, which is due by October 1, 2005, will be effective through
September 30, 2008. The head of the law enforcement agency and the head of the
governing body (or authorized representative) must sign the agreement. A new
agreement should be submitted anytime there is a change in administration at the
head of the law enforcement agency or governing body level. Early submission of
your Federal Equitable Sharing Agreement will ensure that there is no lapse in your
agency's compliance status.
~ The Federal Annual Certification Report is due no later than 60 days after the close
of the requesting agency's fiscal year. The head of the law enforcement agency and
the head of the governing body (or authorized representative) must sign the
certification report. A new participant is not required to submit a certification
report until shared cash, proceeds, or property is received.
Due to the high volume of paperwork that will be received during this renewal process,
please either mail or fax your form. There is no need to do both.
~ Revised Guidelines: The Department of the Treasury Guide to Equitable Sharing for
Foreign Countries and Federal, State, and Local Law Enforcement Agencies was
revised April 2004. You may download copies of the revised Guide from our website
www.treas.Qov/offices/enforcementlteoaf. Once on the site double-click on Guidelines.
~ Electronic Funds Transfer: As of May 2004, the Department of Treasury no longer
issues payments via check. All Department of the Treasury payments will be made via
Automated Clearing House (ACH). Please download the enrollment form from our
website if you have not enrolled or if a change has occurred with your financial
institution information since you last filed your form. Forward the completed Treasury
Enrollment Form to the Indianapolis, Indiana address provided on the form. The
Department of Treasury and Justice do not share financial entities. The enrollment
process will be handled separately. Refer to the enclosed Department of Justice letter
for instructions regarding the Justice process.
SIB
~ Paid: PAID is a system developed by the U.S. Department of the Treasury's Financial
Management System (FMS) to provide participating federal agencies a method of
making remittance information available to their vendors through the internet. The
system is free of charge to registered vendors with internet access. The Department
of the Treasury participates in this program. The type of information vendors can
obtain from PAID are limited to the following: date of payment, payment amount, and
invoice number. If your agency is interested in receiving information via the PAID
system, you must go to the website www. fms.treas.aov/afc and fill out a registration
form.
The equitable sharing guidelines for Treasury and Justice are basically the same except
for our policy on the transfer of equitably shared money. Treasury does not allow state or
local law enforcement recipients to transfer shared cash to nonprofit community
organizations except in "windfall" situations. Justice has the 15 percent permissible use
policy and does not allow any transfer of cash. For more information on the Treasury
policy, refer to pages 25,26 and 27 of the Treasury Guide to Equitable Sharing (April
2004).
Although you are receiving only one mailing of the forms, the Federal Equitable Sharing
Agreement and the Annual Certification Report must be submitted to both the Department
of the Treasury and the Department of Justice at the addresses listed below:
u.s. Department of the Treasury
Executive Office for Asset Forfeiture
740 15th Street, NW
Suite 700 "
Washington, DC 20220
E-mail address:
www.treas.aov/offices/enforcementlteoaf
Or treas. aca~teoaf. treas.aov
Fax: (202) 622-9610
u.s. Department of Justice
Criminal Division
Asset Forfeiture and Money Laundering Section
ACA Program
10th and Constitution Avenue, NW
Bond Building, Tenth Floor
Washington, DC 20530
E-mail address: www.afmls.aca@usdoj.gov
Fax: (202)616-1344
The enclosed agreement and certification forms must be completed and returned by the
stated deadlines in order for your agency to remain in compliance with the equitable
sharing guidelines. These forms are also on our website along with other forms and
information about the Treasury asset forfeiture program.
Please contact Jackie Jackson or Kim Tyler at (202) 622-9600 should you have questions
regarding the reporting requirements.
Enclosure
Sincerely,
~t. ~~c--~
Eric E. Hampl
Acting Director
SIE
City of Sunny Isles Beach Police Department
18070 Collins Avenue
Sunny Isles Beach,Florida 33160
(305)9474440
MEMORANDUM
To: The Commission, City Manager and Mayor of Sunny Isles Beach
From: *CIA,Maas, Chief of Police
Date: June 9, 2005
Subject: Renewal of Equitable Sharing Agreement with the U.S. Department of
Justice/Treasury.
Recommendation:
It is recommended that the City Commission approve a Resolution authorizing the City
Manager and Chief of Police to execute a renewal agreement between the Federal
Government (U.S. Department of Justice and the U.S. Department of Treasury) and the
Sunny Isles Beach Police Department, for the acceptance and use of federally forfeited
cash, property and proceeds, including interest, for the funding of various police
programs and equipment needs to enhance community service to the residents of Sunny
Isles Beach.
Reason:
One of the benefits of participating in and providing personnel into high intensity
narcotics investigations is the sharing of confiscated proceeds for the enhancement of law
enforcement related activities, including crime prevention, community policing and
related events. The Chief of Police has determined that there is a great need for the city's
participation in a joint effort of all municipal law enforcement agencies to work in a
cooperative manner whenever it is needed.
Additional Information:
This renewal agreement effective October 1, 2005 through September 30, 2008, allows
the use of federally forfeited proceeds,with restrictions, to enhance community service to
the residents of Sunny Isles Beach.
Agenda Item O F
Date - - 05