2012-27821 Reso RESOLUTION NO. 2012-27821
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A FEDERAL
EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF JUSTICE AND THE UNITED STATES
DEPARTMENT OF THE TREASURY, AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the City of Miami Beach wishes to enter into a Federal Equitable Sharing
Agreement with the United States Government Department of Justice and the United States
Department of the Treasury to provide a protocol for the City to receive the monies from the
Miami Beach Police Department's participation in joint criminal investigation where assets are
seized and forfeited; and
WHEREAS, the attached Agreement outlines the terms and restrictions governing the
use of federal forfeited property, or proceeds from such property to be shared with the Miami
Beach Police Department.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein authorize the Mayor and City Clerk to execute the attached Agreement with
the United States Department of Justice and the United States Department of the Treasury.
PASSED and ADOPTED this day of January, 2012.
ATTEST BY:
WA-OR MATTI HEFkREKA BOWER
ROBERT PARCHER, CITY CLERK 01'RA' TO
AGE
B E,q ON
ZZ DA E
':INCORP ORATED
CH 26
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving A Federal Equitable Sharing Agreement With The United States Department
Of Justice And The United States Department Of The Treasury, And Authorizing The Mayor And The
City Clerk To Execute The Agreement.
Key Intended Outcome Supported:
Increase resident ratings of public safety services.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center for Research
and Public Policy, and Business Residential Satisfaction Survey of the City of Miami Beach,
residents in 2009, indicated that their three most important areas for the City of Miami Beach to
address in an effort to improve public safety throughout the City are: Preventing Crime 44.9%,
Enforcing Traffic Laws 36.1% and increasing Visibility of Police in the Neighborhoods 32.4%.
Issue:
Shall the City adopt the Resolution?
Item Summa /Recommendation:
The Miami Beach Police Department (MBPD) periodically conducts investigations with a variety of
federal law enforcement agencies. During joint investigations where property (such as cash, vehicles,
and other real property) is seized and forfeited, the assets are shared by the agencies which
participated in the investigation.
As a prerequisite to receive MBPD's share of assets seized and forfeited, the United States
Department of Treasury, requests that the participating agency sign the Federal Equitable Sharing
Agreement in order to continue participation in the Asset Sharing Program.
The City will benefit financially through the MBPD's continued participation in the Asset Sharing
Program. The current Agreement has expired and renewing this agreement will ensure participation
in this program.
The Administration recommends approving the resolution.
Advisory Board Recommendation:
FNTA-
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
N/A
City Clerh'R Office Legislative Tracking:
Mauve igan, Police Financial Assistant
Sign-Offs:
Depa.r1pent Director Assistant City Manager City Manager
Raymo Martinez,
Assists Th
T:\AGENDA\2012\1- -12\COMMISSION ITEM SUMMARYFedera lEquiitableShadng.docx
AGENDA ITEfl C 7Z
MIAMIBEACH f—//- 1
DATE
Z
® MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 11, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A FEDERAL EQUITABLE
SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
JUSTICE AND THE UNITED STATES DEPARTMENT OF THE TREASURY,
AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
THE AGREEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Miami Beach Police Department (MBPD) periodically conducts investigations with a
variety of federal law enforcement agencies. During joint investigations where property
(such as cash, vehicles, and other real property) is seized and forfeited, the assets are
shared by the agencies which participated in the investigation.
As a prerequisite to receive MBPD's share of assets seized and forfeited, the United
States Department of Treasury, requests that the participating agency sign the Federal
Equitable Sharing Agreement in order to continue participation in the Asset Sharing
Program.
The City will benefit financially through the MBPD's continued participation in the Asset
Sharing Program. The current Agreement has expired and renewing this agreement will
ensure participation in this program.
JMG/�GG
T:AGENDA\2012\1-11-12\CommissionMemoFederalEquitableSharing.docx
o201a— .2 7S21
OMB Number 1123-0011
® Expires 9-30-2014
Equitable Sharing
Agreement and
Certification
N�,JUb'r`
Police Department 0 Sheriffs Office 0 Task Force(Complete Table A,page2)
0 Prosecutor's Office 0 Other(specify)
Agency Name:Miami Beach Police Department
NCIC/ORI/Tracking Number: F L I 0 11 3 0 7 0 0
Street Address:1100 Washington Avenue
City: Miami Beach State:FL Zip: 33139
Contact:Title: Mrs. First:Mauvett Last: Rattigan
Contact:Phone:305-673-7776 x 5837 E-mail: mauvettrattigan @miamibeachfl.gov
Same as Preparer:First: Mauvett Last:Rattigan
❑Contact Preparer:Phone: 305-673-7776 x 5837 E-mail: mauvettrattigan @ miamibeachfl.gov
Last Fiscal Year End: 09/30/2011 Agency Current Fiscal Year Budget: $91,992,541.00
0 New Participant: Read the Equitable Sharing Agreement(page 4)and sign the Affidavit(page 5)
Complete the Annual Certification Report,read the Equitable Sharing Agreement(page 4),
Q Existing Participant: and sign the Affidavit(page 5)
0 Amended Form: Revise the Annual Certification Report,read the Equitable Sharing Agreement(page 4),
and sign the Affidavit(page 5).
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds' Treasury Fundsz
1 Beginning Equitable Sharing Fund Balance(must match
Ending Equitable Sharing Fund Balance from prior FY) $825,106.97 $194,204.43
2 Federal Sharing Funds Received $43,686.49 $0.00
3 Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces(complete Table B,page 2) $123,008.31 $0.00
4 Other Income
5 Interest Income Accrued Non-Interest Bearing Q
Interest Bearing $8,168.28 $1,835.87
6 Total Equitable Sharing Funds(total of lines 1 -5) $999,970.05 $196,040.30
7 Federal Sharing Funds Spent(total of lines a-m below) $127,735.61 $0.00
8 Ending Balance(difference between line 7 and line 6) $872,234.44 $196,040.30
'Justice Agencies are:FBI,DEA,ATF,USPIS,USDA,DCIS,DSS,and FDA.
2 Treasury Agencies are:IRS,ICE,CBP,USSS,and USCG.
Page 1 of.6 September 2011
Version 2.0
Summary of Shared Monies Spent Justice Funds Treasury Funds
Total spent on salaries for new,temporary,not-to-exceed
a one year employees Refer to§VIII.A.2.a.3 of the Justice Guide
b Total spent on overtime
c Total spent on informants,"buy money,"and rewards
d Total spent on travel and training $25,436.76
e Total spent on communications and computers $59,160.43
f. Total spent on weapons and protective gear
g Total spent on electronic surveillance equipment $43,138.42
h Total spent on buildings and improvements
Total transfers to other state and local law enforcement
i agencies(complete Table C,page 2)
Total spent on other law enforcement expenses(complete
Table D,page 3)
CIS
Total Expenditures in Support of Community-based Programs Ev k (complete Table E,page 3)
Total Windfall Transfers to Other Government Agencies
(complete Table F,page 3)
m Total spent on matching grants(complete Table G,page 3)
n Total $127,735.61 $0.00
o Did your agency receive non-cash assets? 0 Yes (�) No If yes,complete Table H,page 3.
Please fill out the following tables,if applicable.
"Table A: Members of Task Force
Agency Name NCIC/ORI/Tracking Number
Table'B: Equitable Sharing Funds Received from other Agencies
Total the amount transferred to each agency on separate lines
Transferring Agency Name,City,and State Justice Funds Treasury Funds
Agency Name: ICity of Coral Gables Police/Strike Force Trust Account
$123,008.31 $0.00
NCIC/ORI/Tracking Number: I F I L I E Q 1 0 1 0 1 2 1 1 1 3
Table C: Equitable Sharing Funds Transferred to Other Agencies
Total the amount transferred to each agency on separate lines
Receiving Agency Name,City,and State Justice Funds Treasury Funds
Agency Name:
NCIC/ORI/Tracking Number:
Page 2 of!'t September 2011
Version 2.0
Table D: Other Law Enforcement Expenses
Description of Expense Justice Funds Treasury Funds
Table E: Expenditures in Support of Community-based Programs
Refer to§VIII.A.1.m and Appendix C of the Justice Guide
Recipient Justice Funds
x 1
Table F: Windfall Transfers to Other Government Agencies
Refer to§VIII.A.1.n of the Justice Guide and pp.25-26 of the Treasury Guide
Recipient Justice Funds Treasury Funds
Table G: Matching Grants
Refer to§VIII.A.1.h of the Justice Guide and p.22 of the Treasury Guide
Matching Grant Name Justice Funds Treasury Funds
Table H: Other Non-Cash Assets Received
Source Description of Asset
Justice Q
Treasury
Table I: Civil Rights Cases
Name of Case Type of Discrimination Alleged
Nati
E] Race ❑ Color ❑ onal FE nder
Origin
❑ Disability ❑ Age ❑ Other
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 Operations Unit, 1400 New York Avenue,N.W.,Tenth Floor,Washington,DC 20005.
Page 3 of September 2011
Version 2.0
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(page 5)
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. The governing body's head is the person who allocates funds or
approves the budget for the Agency. 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 for State and Local Law Enforcement(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, including the requirement in the Justice Guide to maintain relevant documents and
records for five years.
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 6 September 2011
Version 2.0
Affidavit - Existing Participant
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 etseq.),Title IX of the Education Amendments of 1972(20 U.S.C.§ 1681 etseq.),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 etseq.),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. The Agency agrees that it will comply with all
federal statutes and regulations permitting federal investigators access to records and any other sources of information as
may be necessary to determine compliance with civil rights and other applicable statutes and regulations.
During the past fiscal year: (1) has any court or administrative agency issued any finding,
judgment,or determination that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above;or(2) has the Agency entered
into any settlement agreement with respect to any complaint filed with a court or
administrative agency alleging that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above? 0 Yes O No
If you answered yes to the above question,complete Table I
Agency Head Governing Body Head
See 12 on page See 112 on page
Signature: \` �� Signature:
Name: Raymond Martinez Name: M tti.Herrera Bower
Title: Assistant Chief of Police Title: Mayor
Date: ► It 2011— Date:
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire is an electronic newsletter that
gives you important,substantive,information regarding
Equitable Sharing policies,practices,and procedures.
Final Instructions:
Step 1: Click to save for your records Step 3: E-mail the XML file to aca.submit @usdoj.gov
Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344
FOR AGENCY USE ONLY
Entered by
Entered on
O FY End: 09/30/2011 Date Printed: January 09,2012 13:03
o NCIC: FLO130700 Agency: Miami Beach Police Department Phone:305-673-7776 x 5837
O
State: FL Contact:Mauvett Rattigan E-mail: mauvettrattigan @miamibeachfl.gov
Page 5 of 6 September 2011
Version 2.0
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and
date first written above.
ATTEST: II
4 UA4 PaA-dtt�.
By.
Robert Parcher, City Clerk
APPROVED AS TO FORM AND
;LA UAGE AND FOR EXECUTION:
O y
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