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2009-27046 ResoRESOLUTION NO. 2009-27046 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 in to 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 22nd day of April , 2009. MAYOR A TEST: Matti Herrera Bower ~~ CITY CLERK Robert Parcher gPPRCyVED AS TO FARM>~LANGUAGE i~FOR EX~ECUTlON 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 allowing for the sharing of seized and forfeited assets. Intended Outcome I Maintain crime rates at or below national trends. I Supporting Data (Surveys, Environmental Scan, etc.): Supporting Data (Surveys, Environmental can, etc.): Safety was ranked No. 1 by residents a as one of the changes thatwill make Miami Beach better place; safety across the City was one of the most important areas affecting the quality of life; nd 78% of residents rated uali of services rovided b Ci Police as excellent or ood. ^ Issue: Should the City adopt the Resolution? Item Summary/Recommendation: The Miami Beach Police Department periodically conducts investigations with a variety of federal law enforcement agencies. During the conduct of 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 our share of assets seized and forfeited, the United States Department of Justice and the United States Department of the Treasury, request that we sign the Federal Equitable Sharing Agreement in order to continue participating in the Asset Sharing Program. The City will benefit financially through the Miami Beach Police Department's continued participation in the Asset Sharing Program. The current Agreement expired on September 30, 2008. Renewing this agreement will ensure our participation in this program through July 31, 2011. Board Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin William Gonzalez, Senior Budget Analyst Department Director I Assistant City Manager I City Manager Carlos E. Noriega, Chief ~ _ , -~ AGEAIDA ITEM G ~~ •.I• ~ ~ ~ DATE ~-a -~~ m MIAMIBEACH City of Miami Beach, 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: April 22, 2009 SUBJECT: A RESOLUTION OF THE MAYOR TH CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROV A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND THE 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 periodically conducts investigations with a variety of federal law enforcement agencies. During the conduct of 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 our share of assets seized and forfeited, the United States Department of Justice and the United States Department of the Treasury ,request that we sign the Federal Equitable Sharing Agreement in order to continue participating in the Asset Sharing Program. The City will benefit financially through the Miami Beach Police Department's continued participation in the Asset Sharing Program. The current Agreement expired on September 30, 2008. Renewing this agreement will ensure our participation in this program through July 31, 2011. ~~ JMG/CN/RAM/N'f(3 "