94-21402 RESO Incomplete
RESOLUTION NO.
94-21402
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
the City commission authorize the Mayor and City Clerk to execute the
attached Agreement with the United states Department of the Treasury.
PASSED and ADOPTED this
16th
day of
November
, 1994.
ATTEST:
/'] I \ <:. r-~
( ~~_c.' ~
CITY CLERK
FORM APPROVED
Lep1 Dept.
By ~v::;)
Date JJ-Io-~\.-\
,
RMC/RB/MMS/ep
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
9~fo-q<.j
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. carlto~
City Manager
DATE:
November l6, 1994
TO:
SUBJECT:
AGREEMENT BETWEEN 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
The Administration recommends that the Mayor and City commission
authorized the City to enter into the Federal Equitable Sharing
Agreement with the united States Department of the Treasury.
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 hundreds 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.
RMCjRBjMMSjlml
39
AGENDA ITEM
C~,/6
11- J ~ '-04
DATE
.,
FEDERAL EOUITABLE SHARING AGREEMENT
Agency:
Address:
Reporting Period (Your fiscal year):
NCIC Code. Bank Routing Code. Account Number
for EFf Purposes:
Contact Person:
Telephone No.:
I. FEDERAL EOUITABLE SHARlNG PROGRAM AGREEMENT
This Agreement is entered into amo~g (1) the Department of Treasury, (2) the (above stated law
enforcement a~encv) and (3) the (governing bodv) 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 which is equitably shared with
participating agencies. By their signatures below, the panies agree to be bound by the stanlte5
and guidelines which regulate shared assets and the following requirements for panicipation in
the Federal Equitable Sharing Program:
1. That pursuant to the SecretarY of Treasurv's Guidelines on Seized
and Forfeited Properrv (October, 1993). any shared assets shall be
used for the law enforcement purposes specified in the TD F 92-
:!:!.46 request submitted by the requesting agency; that requests for
a change in use from that specified in the TD F 92-22.46 must be
submitted in writing to the federal decision maker or the Executive
Officer for Asset Forfeiture. u.s. Deparnnenr of Treasury, 999 E
St: N.W.. Suite 201, Washington. D.C. 20220.
" That the inisuse. misapplication. or supplantation of eXlsnng
resources with shared assets is prohibited. Failure to comply with
this provision shall subject the recipient agency to the sanctions
stipulated in The Guide to Eouitable Sharing.
3. That this Agreement will be submitted annually to the Treasury
Executive Office for Asset Forfeiture. and 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 panies agree to establish and/or maintain Federal
Equitable Sharing Program funds in a separate account. and funher
41
AGENDA
ITEM
C__1-B-L
11-\(,-~
DATE
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 to Eauitable Sharing.
6. If property valued at $500,000 or more is received in a single
year, 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 Treasury
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.
Signamre. Agency Head or Designee
Date
Title
FORM APPROVED
LegalDept.
By T/0
Date II - i 0 -~.....\
42