97-22363 RESO
RESOLUTION NO. 97-22363
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE:
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE
FLORIDA DEPARTMENT OF REVENUE.
WHEREAS, the Miami Beach Police Department and the Florida Department of
Revenue desire to enter into a Memorandum of Understanding for the purpose of
conducting joint investigations; and
WHEREAS, the attached Memorandum of Understanding is necessary to
delineate the responsibilities of each agency and to provide for the division of any
monies and/or other assets seized under the Florida Contraband Forfeiture Act and 1 he
Florida Revenue Act.
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 approve and authorize the Chief of Police to execute the attached
Memorandum of Understanding with the Florida Department of Revenue, for the
purpose of conducting joint investigations, delineating each agency's responsibilities
and the division of any assets seized as a result of any joint investigations.
PASSED and ADOPTED this
7th
day of
May , 1997,
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ATTEST:
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CIT CLERK
F:\POLI\TECHSERV\POLlCIES\COM_RESO\REVMOU.RES
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4&~ 'f4J~7
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htlp: \\cLmiami-beach. fl. us
COMMISSION MEMORANDUM NO. ~
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Jose GarCia-pedrost{
City Manager
A RESOLUTION OF E MAYOR AND THE CITY COMMISSION OF 'lrH IE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF
POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING VVIT-I
THE FLORIDA DEPARTMENT OF REVENUE.
DATE: May 7, 19~i7
TO:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve the Resolution,
BACKGROUND
The Miami Beach Police Department (MBPD) and the Florida Department of Revenue
(DOR) desire to enter into a Memorandum of Understanding (MOU) for the purpose of
conducting joint investigations. The MOU delineates the duties and responsibilities of each
agency under it's terms and conditions,
The MOU also has a provision for the equitable sharing of assets seized and forfeite:l
under the Florida Contraband Forfeiture Act, the Florida Revenue Act and the Florida Dru.~
Abuse Prevention and Control Act.
It should be noted that for the first time in the City's history, the Police Department w II -
share in any delinquent Florida taxes that are collected as a result of any joil t
investigation,
CONCLUSION
This MOU will be of benefit to the citizens of Miami Beach as another source of fund~ fc r
the Police Department's Law Enforcement Trust Fund.
JGP/JP/RB/MD/SDR/MMS
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F:\POLl\TECHSERV\POLlCIES\COM_MEMO\REVMOU ,MEM
AGENDA ITEM
~1~L
5-1-9-1
DATE
VALID THRU
SEPTEMBER 3d, 1999 FEDERAL EQUITABLE SHARING AGREEMENT'
Contact Person:
RICHARD BARRETO
~.
Agency:
CITY OF MIAMI BEACH
1100 Washington Ave., Miami Beach, FL 33139
,l,ddress:
(StreetlCity/State/Zip)
Agency Fiscal Year Ends on:
Sept. 30
(MonthlY ear)
NCIC Code:
FL 130700
Bank Routing Code and Account Number for EFT Purposes: 066000604; 0360002236568
Telephone Number:
(305)673-7925
Fax Number
(3051673-7065
Check one:
B Police Dept
o Sheriff Dept
o Task Force
o Prosecutor's Office
o 0 her
This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the abm e-stated
law enforcement agency, and (3) the goveming body sets forth the requirements for participation in th .~ federal
e~quitable 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 agencies. By their signatures th.~ parties
agree that with respect to all sharing requests, they will be bound by the guidelines that regulate shared assets and
the following requirements for participation in the federal equitable sharing program,
1. Submission Date. This agreement must be subrTitted to both the Department of the Treasury an j
the Department of Justice (at the addresses shown) in accordance with the instructions tha: al 9
received from the respective departments or as outlined in their individual Guides.
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
Washington, DC 20220
Asset Forfeiture and Money Laundering Sect on
Criminal Division
U.S. Department of Justice
P.O. Box 27322
Washington, DC 20038
2, Signatories. This agreement must be signed by the head or designee of the law enforceme lt
agency aoothe authorized responsible official or designee of the governing body, Receipt cftt e
signed agreement is a prerequisite to receiving any equitably shared cash, property, or proceed,.
3, Uses. Any shared asset shall be used for law enforcement purposes in accordance witll tt e
guidelines, and specified in the equitable sharing request (either a form TO F 92-22.46 or a forn
DAG-71) submitted by the requesting agency, Any and all requests for a change in use of cash,
property, or proceeds from that specified in the equitable sharing request must be submitt'9dn
writing to the address of the appropriate agency shown in item 1 .
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceellls
to other law enforcement agencies, it must verify first that the receiving agency has a current and
valid Federal Equitable Sharing .Agreementonfilewith the Department of Treasury and tile
Department of the Justice. If there is ho agn~elnent on file, the undersigned law enforcement
agency must obtain one from the receiving agency, and forward it to the appropriate Departmelt'
A list of recipients, their addresses and the amount transferfed should be attached to the Allm al
Certification Report.
5, Internal Controls. The parties agree to account separately for federal equitable sharing furds
received from the Department of the Treasury or the Department of Justice, i,e" Treasury furds
will be tracked separately from Justice funds, Interest income generated should be depositec in
the appropriate federa1 forfeiture fund account. Funds from state and local forfeitures and other
sources will not be commingled with the accounting for other federal equitable sharing funds,
The parties further 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 the Treasury's Guide to
Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement
Agencies (Treasury Guide), or the Department of Justice's A Guide to Equitable Sharing of
Federally Fot1eited Property for State and Local Law Enforcement Agencies (Justice Guidi':),
The accounting for shared funds must be submitted in the fonnat shown on the Annual
Certification Report contained in both the Treasury Guide and the Justice Guide,
The msuse or misapplication of shared resources or the supplantation of existing resource:, v" ith
shared assets is prohibited. Failure to comply with any provision of this agreement shall subjlict
the recipient agency to the sanctions stipulated in the current edition of the Treasury or the Just :;e
Guides, depending on the source of the funds or property,
6, Annual Certification Report. The recipient shall submit an Annual Certification Reportt:o t,e
Department of the Treasury and the Department of Justice (at the addresses shown in item 1) a,d
provide a copy to the United States Attorney in the district in which the recipient agency is located,
The Annual Certification Report must be submitted in accordance with the instructions that c re
applicable to either Treasury or Justice as outlined in their individual Guides. Receipt of the Annlllal
Certification Report is a prerequisite to receiving any future equitably shared cash, propelty, or
proceeds,
7. Annual Audit Report. If cash, property, and proceeds valued at more than $100,000 are receiv~d
in a single fiscal year from the Treasury or Justice equitable sharing program, or if a fEde'al
forfeiture fund account balance of more than $100,000 is maintained, the law enforcement arrer cy
and the governing body agree to conduct an annual audit of any funds or property received or
expended to ensure compliance with this agreement and all applicable staMes and policies 11e
audit report must be submitted in accordance with the Compliance Requirements and At jit
Procedures found in both the Treasury and Justice Guides.
The recipient agency shall submit a copy of the audit to the Department of the Treasury or 11e
Department of Justice and the United States Attorney in the district in which the recipient a!ler cy
is located. The audit report must be submitted within 180 days following the close I)f he
undersigned law enforcement agency's fiscal year. For the law enforcement agencies that mnet
the threshold amount, receipt of the audit report is a prerequisite to receiving any Mure eqlita Jly
shared cash, property, or proceeds.
Under penalty of pe~ury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the pr< visions of the
Treasury and Justice Guides and the National Code of Professional Conduct for Asset Forfeiture.
RICHARD BARRETO
(Print or Type name)
Law Enforcement Agency
Head.w Designee
l~i~l?-D~ .
CHIEF OF POLICE
Title (Print or Type)
.,.. - ".2. l '7
Date
JOSE GARCIA-PEDROSA
APPROVED AS
FORM & LANGUAOIi'
& FOR EXECUTIoN
(Print or Type name)
Authorized Responsible Official of
the overryl Boc;l':,f Designee
'7", . J:><:'O,l 'vV ...k:...--,-_-.-
~, ,
(Signature)
CITY MANAGER
Date
1J;l1/ft~~
City Attorney
Title (Print or Type)
9