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HomeMy WebLinkAbout2002-24896 Reso / RESOLUTION NO. 2002-24896 . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FEDERAL EQUITABLE SHARING AGREEMENT WIm THE UNITED STATES DEPARTMENT OF THE TREASURY, AND AUmORIZING mE 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 federal forfeited property or proceeds from such property to be shared with the Police Department. NOW, mEREFORE 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 the Treasury. PASSED and ADOPTED this 19th day of T:\AGENOA\2002\JUN1902\CONSENnFed Equitable Sharing Agreement Reso.doc AfJIffIPINED ,..10 FORM & lANGUAGI & FOR EXECUTlON - 6-/J.-OY CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m "'lIlIiiii5" Condensed Title: A Resolution approving a Federal Equitable Sharing Agreement with the United States Department of the Treasury allowing for the sharing of seized and forfeited assets. Issue: Shall the City of Miami Beach execute a Federal Equitable Sharing Agreement with the United States Department of the Treasury allowing for the sharing of seized and forfeited assets? Item Summarv/Recommendatlon: The Administration recommends the adoption of this resolution which will allow the Miami Beach Police Department to receive a share of seized assets. The 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. The City will benefit financially through the Police Department's continued participation in the Asset Sharing Program. The current Agreement expires on September 30, 2002. Renewing this agreement will ensure our participation in this program throuah SeDtember 30, 2005. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: D Finance Dept. .~ Source of Funds: Slgn-offs: r:~~ .,~._... r::;:a~l I T:\AGENDAI2002\MAY0802\REGULAR\Fed Equitable Sharing Agreement Summery.doc AGENDA ITEM Co 1L DATE~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: June 19,2002 From: Jorge M. Gonzale~~1lfl /1.. r=._A"oA/'.. City Manager "--~tf" .~V'~ 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 THE TREASURY, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The 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 the Treasury, requests 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 Police Department's continued participation in the Asset Sharing Program. The current Agreement expires on September 30, 2002. Renewing this agreement will ensure our participation in this program through September 30, 2005. JMG/DD/AM~HDC" T:\AGENDA\2002IJUNl902\CONSENnFederal Equitable Sharing Agreemenl2OO2.doc OS/24/02 FRI 14:35 FAX 2026161344 DADMJP IaI 002 ':,~ ,~., "VAIII_ -lr Inf.30, 1005" Federal Equitaltle Sharing Agree~ -- , City of Law Enforcement Agency: (!l Police DeplU'lmCnt o Prosecutor's Office Miami Beach Police Dep~rtment o Sherifi's OfficelDepartment o Other o Check if New Participant o Task Force) Contect Pe...on: Major Charles Press E-mail Addres~: http://ci.miami-beach. fl. us 1100 Washington Avenue, Miami Beach, FL. 33139 Malll", Add.....: (5_) (City) (Sill") (Zip Code) Agency Fiscal Year Ends on: 09/30 (Moo'hlOay) Fax: Number: (305 ) 673-7864 NCIClORlITracklng No.: FL0130700 Tetephone Number: (305 ) 673-7776ext.528 This Fcdaal Equitable SIIariDa Aareemenl entered into 8IIlOD.& (I) the Federal Gove1'llDlCDt, (2) the above-stated law enforcement liCDCy, IUId (3) the IOvel'llini body sets forth the requirements for participation in the federal equitable 'shariJIa program IUId the Je$trictitw upon the use of fockral)y forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-slIared with participating Jaw enforcement asencies. By'their sig:aaturcs, the parties aarce that they will be bolllld by the statutes and guidelines that regulate shared assets and the followins requirements for participation in the federal equitable sbaring proaram 1. Submlulon. The Federal Equitable Sharing Agreement and the Fedcral Annual Certification Report must be submitted to both the DepllJ'lDlCnt of Justice and the Depanment of the Treasury with a copy provided to the U.S. Attomey in the district in which the recipient law enforcement agency is located, in accordance with the insrructions received &om the respective depanments or as outlined in their equitable sharing guidelines. U .S, Dcparlment of J~celACA Proaram 10th'and CotIItitution Aveuues, NW CrimiDal DivisiODlAFMLS BODd Bui1dina. Tenth Floor Wuhinpm. D.C. 20530 Fax: (202) 616-1344 Executive 0t1ice for Asset F orfciture u.s, Department of the Treasury 740 15th Street. NW, Suite 700 Washingum, D.C. 20220 E-matl addrus: 'treas.aca@teoaf.treas.IOV Fax: (202) 622-9610 2. Slpatorfu. This agreement must be si~d.by the head (or authorized representative) of the law enforcement agClll;Y IIUI the head (or authorized representative:) of tile governing body. Receipt of tire slglletl."eemellt is (l prerequBlu to recmu.,."7 ",1IIMbIy-,1I.rr4 CflsIt. PIYIfJIlI11. Dr proeHl/I. 3. u... Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines thII govem equitable sharinS. and as specified in the equitable sharing request (either a DAG-71 or a TO F 92-22.46) submitted by the rcquestiDB aseney. 4. Tra.....,.. Before the undersigned law enforcement agency ttansfen casb, property. or prOceeds to other law enfoKClJlCllt agencies, it must veritY fitst that the receiving aacncy has a current and valid Federal Equitable Shariq Agrecmcnt on 6Ie with both the Department of Justice and the: DepllJ1JDl:nt of the Treasury. If there is DO aareement on file:. the undersipd law enforcement agency llIust obtain one from the rec:eiving agency, and forward it to the Department of Justice: and the Department of the Treasury as in item 1. A lisl ofrecipicnts. their addresses, and the amount tr1Insferred must be attac:hed to tlle Federal Annual Certification Report. lol.2-0 I () J-. Cfi^~~~~ I Attach lilt or mc:mbcr asC1leie:s with their addresses and lndicallC ICId agency. ~/I q/ Uj..- L.-1i- '", OS/24/02 FRI 14: 35 FAX 2026161344 ~ DADMJP ~003 5. l......n.1 Connll. The p8!1ies agRC to account separately for federal equitable sharinS fuDds received from the ~Dt of Justice and the Deparbnent of the Treasury. Funds from state and local forfeitures and other sources must not be cornaiNled with f*ral equitable sharing funds. The recipient Isency shall establish a separate revenue account or accoQ1lUns code for itall:.local. Departmeul of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The panies agree that such accounting will be subject to the standard accounting requiremeDtS and practices employed for other such public monies u supplemented by requircmcDts set forth in the current edition of the Department of Justice's A Guide 10 Equitable 8luzri,., of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice GIli(M), and the Department ofabe Treasury's Guide to Equitable Sharing/or Foreign Countries and Federal. State. alUi Local Low e.jorcetlUlnt Apnci..r (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 Treasu7')1 Guides. ' The niueor miupplication ofsbared resources or the suppllP1atioDofexisting resources with shared ~ is prohibitld. Palure to comply with any provision of this agreement shall subject the recipient agcncy to the sanctions stipulated in the c:unat edition oftbc Justtce or Treasury Guides, depending on the source of the funds 01' property. . 8. '......, Annu,' C'rtlfIGatJon Report. The recipient aBency shaD submit an Annual Certification Report to the DIprtmDnt of Justice and the Department of the Treasury (at the addresliCS shown in item I) and a copy to tile U.S. Attorney in the djatrict in wlich the recipient aaency is located. The certification must be submitted in accordance with the iDlauctiOQS ICceiVDd from the rupective departments or as outlined in the JustiCe or TreQSury Guides. Receipt sf ,II. ~,,(fictl'lo" ..." is tI p,...,.. to rD., ""' M1"~".re4 ellS", p'ope"" fI' prDCeetls. 7. -"It -.ort. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 aDd OMB Cin:QIar A-133. The Oepanment of Justice and the Department of the Treaswy reserve the right to coiKluct periodic random audits. .., 88. Dwtng th, past 3 yelrs, ha. your agency been found In vIoWIon of, or entered into. __""nt -.rtment ""ruarollo. Iny nondl..,lmlnl_ lOW In _ral or _ court, or bolo.. In odml-. ogo"'" r/) Yes 0 No (If you answered yes, attach relevant information. See instnJctions.) lb. AlII.... pending In I '''eral or stat, court, or before any federal or state administrative agency, pl'OOltdtng. "nIt your agency ."aglng dlecriminlltlon? @ Yes 0 No . . (Ifyouanswcred yes, attach relevant iDfonnation. See instructions.) The undersiped certify that the recipient agency Is in compliance with the nondiscrimination requiremlmti of the foDowing laws IUd their Department of Justice implementing regulations: Title VI oftbe Civil Rights Act of 1964 (42 U.S.C. f 2000d ttseq.), Title IX of the EducationAme~ts of1972 (20 U.S.C. i 1681 etseq.), ScctionS04 of.. RebabiHtatioD Actof1973 (29U.S.C. ~ 794), and the Age Discriminatioa Act of 1975 (42 l,;.S.C. i 610] et seq.), which prohibit discrimination on the basis of raee, color, national origin, disability, or age in any fedei'ally lIlisisted program or activity,'.or on the bllSis of sex 'in any federally assisted education program or activity. Under penalty of perjury, the wdersigned officials certify that the recipi01lt s1ate or locollaw cnforc:cment agency is in C'...iI"<:r with the provisions of the JusItce and/or Treasury Guides and the National Code of ProCessional Conduct for Alset Forfeiture. DonalQW. De ~UCCq ~~ N.me (Print or 1)pc) Date . Law Enforcement Agency Head or Authorized Representative ~:~ a~ - Chief of Police APPRCJvm AlTO peRM a LANOYAGI' a FOR EXECUTION Title (Print Dr Type) M3i)Tor q!t~uY I Dale This fann is subject to ation Act and may be releBsed to requests under 5 U.S.c, ~ 552. .. ....- V' OS/24/02 FRI 14:36 FAX 2026161344 DADMJr . IaJ004' . Federal Equitable ....rlng Agreement Instructions (Please retain these Instructions for your records.) Law ElIIon:ement Af1tIncy: Enter the complete name of your state or local law enforcement agency (e.g., Anytown Police Dcputmcnt). This must be consistent with the DAG-71. Check the appropriate box to indicate type of aseney. Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead aaency. if designated. . New ,..""clIMnt: Check this box if your agency has never received any cash, proceeds, or property from the equitable sharing proaram. Cone.ct Penon: Enter the name of the person who can provide additional information on the sharing agreement fonn. E-men AtIdN..: Enter the e-mail address of the contact person or the e-mail address of the agency. -... AddN..: Enter your agency's complete mailing address (number. street, city/town, state, and zip code). Telephone Number: Enter the phone number of the contact person. including area cod~ and extension. Fax Number: Enter your agency's fax number incl1:lding area code. Agency Fiscal Y..r Ends on: Enter.~e ending date (month/day) ofyoul agency's fiscal year; e.g.. 6/30. NCIt:lelfJ/Tf8cklng No.: Enter your valid FBI-issued National Crime Infonnation Center (NCIC)/ORI code-e.g.. CAOOOOOOQ-or tracking number assigned by AFMLS. ClvH -111. Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement agencies that receive federal financial assistance from the Department of Justice (001) are subject to the provisions of: (1) Title VI of the Civil Rights Act of 1964. which prohibits discrimination on the basis ofmee, color, or national origin; (2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and (4) the Aae Discrimination Act of 1975, which prolubits discrimination on the basis of age. Federal financial assistance includes funds, training and technical assistance. logistical support, and property transfers from DOJ including equitable sharing. Agencies receiving assistance are required to penn it DOJ investigators access to records and any other sources of information as may be necessary to detcnnine compliance with civil rights lawi. If the "yea" box Is cbecked iD 8a IDd/or 8b, provide the foRowing informatioD: the name of the case; a sUDUIUII'Y of the eOD'!lll,IJlt; aDd the ItatUS orae ease. For I!%Ilmple: Jones v. ADytown Police Department; sex discrimlnldom; settled. Pleae do IIot selld tl copy olthe CUfllpl1lt1l1. L.w "-Irc..."t Agency Heed or Authorized Rep,..ntative: The head of your law enforcement a~y (or the authorized representative) must sign and date the fonn. (Examples of l!lw cnforcemen~ agency bead or auaIIorized representative include the following: police chief, district attorney. sheriff. undersheriff. deputy chief.) Name and title of the signatory must be printed or typed. By signing the agreement. the head of the law enforcement agency (or the authorized representative) cenities that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program. Govem/"l8ody Hud or Rept'flSentat/ve: The head of your governing body (or the authorized representative) must sip and date the fonn. (Examples of governing body head or authorized representative include the following: city manager. county executive, mayor, county'judge.) Name and title of the signatory must be printed or typed. By siping the agreement, the head of the governing body (or the authori2ed representative) certifies that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program. For purposes of this fonn, a governing body is an institution or organization that has appropriations authority-that is, the aaency that gives your agency its budaet---<>ver the state or local law enforcement agency. A law enforcement omcial should not sliD for the governing body unless bel_ Jau appropriations authority.' Question 8 (a): Crapp v. City of Miami Beach; race discrimination and retaliation; settled. Ott v. City of Miami Beach; per City of Miami Beach local ordinance/ sexual orientation discrimination; settled. Question 8 (b): Flanders v. City of Miami Beach; race discrimination; pending.