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94-21402 RESO Incomplete RESOLUTION NO. 94-21402 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 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 the Treasury to provide a protocol for the City to receive monies from the Police Department's participation in joint criminal investigations where assets are seized and forfeited; and WHEREAS, the attached Agreement outlines the terms and restrictions governing the use of federally forfeited property or proceeds from such property to be shared with the 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 the City commission authorize the Mayor and City Clerk to execute the attached Agreement with the United states Department of the Treasury. PASSED and ADOPTED this 16th day of November , 1994. ATTEST: /'] I \ <:. r-~ ( ~~_c.' ~ CITY CLERK FORM APPROVED Lep1 Dept. By ~v::;) Date JJ-Io-~\.-\ , RMC/RB/MMS/ep CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 9~fo-q<.j FROM: Mayor Seymour Gelber and Members of the City Commission Roger M. carlto~ City Manager DATE: November l6, 1994 TO: SUBJECT: AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE UNITED STATES DEPARTMENT OF THE TREASURY FOR THE CITY OF MIAMI BEACH TO PARTICIPATE IN THE FEDERAL EQUITABLE SHARING PROGRAM ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City commission authorized the City to enter into the Federal Equitable Sharing Agreement with the united States Department of the Treasury. BACKGROUND The Police Department works very closely with a variety of federal law enforcement agencies. In those cases where property (cash, vehicles, property, etc.) are seized and forfeited, the assets are shared by the agencies who participate in the case. The united states Department of the Treasury requests that we sign the Federal Equitable Sharing Agreement in order to participate in the program, and continue to receive monies from this program. ANALYSIS The City has shared in hundreds of thousands of dollars over the years via this sharing program. The signing of this Agreement will continue our participation in this program. CONCLUSION The City has been able to use funds from the sharing of assets for a variety of worthwhile projects that would otherwise not have been funded. RMCjRBjMMSjlml 39 AGENDA ITEM C~,/6 11- J ~ '-04 DATE ., FEDERAL EOUITABLE SHARING AGREEMENT Agency: Address: Reporting Period (Your fiscal year): NCIC Code. Bank Routing Code. Account Number for EFf Purposes: Contact Person: Telephone No.: I. FEDERAL EOUITABLE SHARlNG PROGRAM AGREEMENT This Agreement is entered into amo~g (1) the Department of Treasury, (2) the (above stated law enforcement a~encv) and (3) the (governing bodv) in order to recite the requirements for participation in the Federal Equitable Sharing Program and the restrictions upon the use of federally forfeited property or proceeds from such property which is equitably shared with participating agencies. By their signatures below, the panies agree to be bound by the stanlte5 and guidelines which regulate shared assets and the following requirements for panicipation in the Federal Equitable Sharing Program: 1. That pursuant to the SecretarY of Treasurv's Guidelines on Seized and Forfeited Properrv (October, 1993). any shared assets shall be used for the law enforcement purposes specified in the TD F 92- :!:!.46 request submitted by the requesting agency; that requests for a change in use from that specified in the TD F 92-22.46 must be submitted in writing to the federal decision maker or the Executive Officer for Asset Forfeiture. u.s. Deparnnenr of Treasury, 999 E St: N.W.. Suite 201, Washington. D.C. 20220. " That the inisuse. misapplication. or supplantation of eXlsnng resources with shared assets is prohibited. Failure to comply with this provision shall subject the recipient agency to the sanctions stipulated in The Guide to Eouitable Sharing. 3. That this Agreement will be submitted annually to the Treasury Executive Office for Asset Forfeiture. and the United States Attorney in the district in which the recipient law enforcement agency is located and/or in which the shared asset was forfeited. 4. That this Agreement is considered a part of any and all sharing requests submitted by the above-referenced State or local law enforcement agency. 5. That the panies agree to establish and/or maintain Federal Equitable Sharing Program funds in a separate account. and funher 41 AGENDA ITEM C__1-B-L 11-\(,-~ DATE agree that funds from state forfeitures or other sources will not be deposited or otherwise commingled with the Federal Equitable Sharing funds. The parties further agree that such account will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set out in The Guide to Eauitable Sharing. 6. If property valued at $500,000 or more is received in a single year, the recipient law enforcement agency and its governing body agree to conduct an annual audit of any funds or propertY received or expended under the Federal Equitable Sharing Program to insure .compliance with this Agreement and all applicable statUteS and policies, and to submit a copy of the audit to the Treasury Executive Office for Asset Forfeiture and to the United States Attorney in the district in which the recipient agency is located and/or in which the shared asset was forfeited. Signamre. Agency Head or Designee Date Title FORM APPROVED LegalDept. By T/0 Date II - i 0 -~.....\ 42