95-21802 Reso RESOLUTION No. 95-21802
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
City Commission authorize the Mayor and City Clerk to execute the
attached Agreement with the United States Department of Treasury.
PASSED AND ADOPTED THIS 8th day of November , 1995
ATTEST BY:
City Clerk
FORM APPROVED
LEGAL EPT.
By
Date /6/3/,*
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. S I I' 1 S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: November 8, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: AGREEMENT BETWEE 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
Approval of 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 has shared in hundred 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.
JGP:RB:MMS :ep
AGENDA ITEM C /
DATE I / 8—T
32
Appendix E
FEDERAL EQUITABLE SHARING AGREEMENT
AND
ANNUAL CERTIFICATION REPORT
Agency: CITY OF MIAMI BEACH, FL Reporting Period (Your fiscal year): 10-01-94 to 09-30-95
Address: 1700 CONY. CTR. DR. , M. B. 33139 NCIC Code: FLO130700
Bank Routing Code and Account Number for EFT Purposes: 066000604, 0360002236568
Contact Person: ROBERT W. SPINNEY
Telephone No.: 305 673-7451
I. FEDERAL EQUITABLE SHARING PROGRAM AGREEMENT
This Agreement is entered into among (1) the Department of Justice, (2) the (above stated law enforcement agency) and
(3) the (governing body) 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 that is equitably shared
with participating agencies. By their signatures below, the parties agree to be bound by the statutes and guidelines that
regulate shared assets and the following requirements for participation in the Federal Equitable Sharing Program:
1. That any shared assets shall be used for the law enforcement purposes specified in the DAG-71 request submitted
by the requesting agency; that requests for a change in use from that specified in the DAG-71 must be submitted
in writing to the federal decision-maker or the Asset Forfeiture Office, Criminal Division, U.S. Department of
Justice, P.O. Box 27322, Central Station, Washington, D.C. 20038.
2. That the misuse or misapplication of shared assets, or supplantation of existing resources with shared assets is
prohibited. Failure to comply with this provision shall subject the recipient agency to the sanctions stipulated in
A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies
(March 1994), hereinafter referred to as the Guide.
3. That this Agreement will be submitted annually to the Executive Office for Asset Forfeiture anti 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 parties agree to establish and/or maintain Federal Equitable Sharing Program funds in a separate account,
and further 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.
6. That 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 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.
7. That the undersigned law enforcement official certifies that the receiving state or local law enforcement agency
is in compliance with the provisions of the Guide and the National Code of Professional Conduct for Asset
Forfeiture.
33
II. ANNUAL CERTIFICATION REPORT
The undersigned hereby certify that the following is an accurate accounting of funds received and
expended by the law enforcement agency under the Federal Equitable Sharing Program during this
reporting period:
Beginning Fund Balance (beginning of your fiscal year) $ 180,830
Federal Sharing Fund Received (during your fiscal year) $ 1,437,356
Total Equitable Sharing Funds $ 1,618,186
Interest Income Accrued $ 36,668
Federal Sharing Funds Expended (during your fiscal year) $ 647,355
Equitable Sharing Fund Balance $ 1,007,499
III. DATA FOR ASSESSING LAW ENFORCEMENT BENEFITS
Total spent on salaries for new, temporary, NTE 1-year $ 0
employees, and overtime $ 0
Total spent on informant payments $ 0
Total spent on travel and training $ 6,093
Total spent on communications and computers $ 105,069
Total spent on firearms, weapons, body armor $ 9,108
Total spent on electronic surveillance equipment $ 9,670
Total spent on building and improvements $ 70,768
Total spent on other law enforcement expenses $ 446,647
Total passed-through for non-law
enforcement uses $ 0
Total annual law enforcement budget
for your jurisdiction for current fiscal year $ 31,284,483
Total annual budget for non-law
enforcement agencies for current fiscal year $ 143,644,671
Total annual law enforcement budget
for your jurisdiction for prior fiscal year $ 30,909,923
Total annual budget for non-law
enforcement agencies for prior fiscal year $ 132,407,603
Under penalties of perjury, I declare that to the best of my knowledge and belief, the information set forth
in this agr t is true and correct.
A • 11/1/95
Signature, Law Enforcement Official Date
R, HARD R. BAR 0, CHIEF OF POLICE
Ti!,/• •
,�40�.,.� �I 11/21/95
Si: . e, Designat= Representative Date
if Gove a•a: Body A/ EST
S fUR GELBER, MAYOR
i''
1
Title OACK LUBIN, CITY CLERK