99-23294 RESO
RESOLUTION No.
99-23294
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
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 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
restrictions governing the use of federally forfeited
proceeds from such property to be shared with
Department.
terms and
property or
the Police
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 authorize the Mayor and City Clerk to execute the
attached Agreement with the United States Department of Justice and
Department of the Treasury.
PASSED AND ADOPTED THIS 17th
day of
September
, 1999
Mayor
1H~
ATTEST BY:
Wktr p {(;tJv-
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR CUllON
'8 -:2<; "7?
Date
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Federal Equitable Sharing Agreement
"VALID THRU SEPTEMBER 30, gOOg"
Law Enforcement Agency: CITY OF HIAMI BEACH POLICE DEPARTMENT
Q9 Police Department 0 Sherifi'sOfficelDepartment 0 TaskForce'
o Prosecutor's Office 0 Other
o Check if New Participant
Contact Person:
LT. JOHN BAMBIS
E-mail Address:
1100 Washington Ave., Miami Beach, FL 33139
Mailing Address:
(Street)
(City)
(Slate)
(Zip Code)
Telephone Number: (305 )
673-7806
Fax Number: ( 305-~73-7818
Agency Fiscal Year Ends on:
SEPT. ',0
(Month/Day)
NCIC/ORllTracklng No.:
1'1.0110700
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/ ACA Program .
P.O. Box 27768
Washington, D.C. 20038
E-mail address: program.aca@usdoj.gov
Fax: (202)616-1344
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 I 5th Street, N.W., Suite 700
Washington, D.C. 20220
E-mail address: treas.aca@teoaf.treas.gov
. Fax: (202)622-9610
2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency /lnd
the head (or authorized representative) of the governing body. Receipt of the signed /lgreement is /I prerequisite to receiving
/IllY equitably-shared c/lsh, property, or proceeds.
3. Uses. Any shared asset shall be used for law enforcement pUrposes in accordance with the statute~ lind guidelines that govern
equitable sharing, and as specified in the equitable sharing request (either a DAG.71 or a TO F 92-22.46) submitted by the
requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the
equitable sharing request must be. submitted in writing to the appropriate agency shoWD, in item I.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other 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 appropriate department shown in item I.
A list of recipients, their addresses, and the ?",ount transferred must be attached to the Federal Annual Certification Report.
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
I Attach list of member agencies with their addresses and indicate lead agency.
,~
with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for <
state. local. Department of Justice. and the Department of the Treasury forfeiture funds. Interest income generated must be
deposited 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
such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to
Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (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). The accounting of shared funds must be submitted in the format shown on the Annual
Certification Report contained in both the Justice and Treasury Guides.
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
ofJustice and the Department of the Treasury (at the addresses shown in item I) 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-133. The Department ofJustice and the Department of the Treasury reserve the right to conduct periodic random audits.
,
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?
@ Yes 0 No (If you answered yes, attach relevant information. See instructions.)
Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against
your agency alleging discrimination? .
~ Yes 0 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. ~ 2000detseq.), Title IX of the Education Amendments ofl972 (20U.S.C. ~ 1681 etseq.), Section 504 of the
Rehabilitation Act ofl973 (29U.S.C. ~ 794), and the Age DiscriminationActofl975 (42U.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.
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. . .
l/ ,<7 \) C)
Richard Barreto, Police Chief 'Dale
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Neisen Kasdin, Mayor
E'~fOtiD 6}Q-~
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/
Date
Name (Print or Type)
Governing Body Head or Authorized Representative
(Signature)
APPROVED AS 10
fORM & lANGU;.OE
& FOR EXECUTION
~
Title (Print or T~ity AItomey
r-Jl-ff
Date
ATTEST:
~.~~~
Robert Parcher, City Clerk
Thisfarm is subject to the Freedom of Information Act and may be released to requests under 5 u.s.e. S 552.
-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http \\ci miami-beach fI us
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COMMISSION MEMORANDUM NO. (." A8 -<1<7
TO:
Mayor Neisen O. Kasdin and DATE: September 14, 1999
Members of the City Comm' ion
Sergio Rodriguez .Jt-
City Manager ~
AGREEMENT ETWEEN 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
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
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 will benefit financially through participation in 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.
SR:RB:mr~
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AGENDA ITEM
DATE~
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