97-22364 RESO Incomplete
RESOLUTION NO.
97-22364
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 CITY MANAGER AND THE CHIEF
OF POLICE TO EXECUTE THE AGREEMENT,
WHEREAS, the City 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 herein approve and authorize the City Manager and the Chief of Police to
execute the attached Federal Equitable Sharing Agreement with the United States
Department of the Treasury.
PASSED and ADOPTED this 7th day of
May
ATTEST:
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CITY CLERK
F:IPOLlITECHSERVlPOLlCIESICOM_RESOISHAR97. RES
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUllON
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:I\ci.miami-beach,fl.us
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: May 7,1997
FROM:
Jose GarCia.pedros~
City Manager
A RESOLUTION OF E 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 CITY MANAGER AND THE
POLICE CHIEF TO EXECUTE THE AGREEMENT,
SUBJECT:
ADMINISTRATION RECOMMENDATION
Approve the resolution.
BACKGROUND
The Police Department works very closely with a variety of federal law enforcement
agencies. In those cases where property, cash, vehicles, 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.
The City has shared in hundreds of thousands of dollars over the years under this program.
The signing of this Agreement will continue our participation in the 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/JP~f/SDR/MMS ~
F.IPOLlITECHSERVlPOLlCIESICOM_MEMOISHAR97.MEM
AGENDAITEM~
DATE~
'oj n:...;;"'- : 11i\0
SEPTEMBER 30, 1:199 r ,
FEDERAL EOUJTABL~ 'SHARING AGREEMENT"
Contact Person:
RICHARD BARRETO
Agency:
CITY OF MIAMI BEACH
1100 Washington Ave., Miami Beach, FL 33139
Address:
(StreetlCity/StatelZip)
Agency Fiscal Year Ends on:
Sept. 30
(MonthlYear)
NCIC Code:
FL130700
Bank Routing Code and Account Number for EFT Purposes: 066000604; 0360002236568
Telephone Number.
(305)673-7925
Fax Number
(305l673-7065
Check one:
!ill Police Dept
o Sheriff Dept
o Task Force
o Prosecutor's Office
o Other
This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above-stated
law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal
equitable 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 the 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 subrritted to both the Department of the Treasury and
the Department of Justice (at the addresses shown) in accordance with the instructions that are
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 Section
Criminal Division
U,S. Department of Justice
P,Q, Box 27322
Washington, DC 20038
2. Signatories, This agreement must be signed by the head or designee of the law enforcement
agency aoothe authorized responsible official or designee of the governing body. Receipt of the
signed agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the
guidelines, and specified in the equitable sharing request (either a form Tn F 92-22.46 or a form
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 submitted in
writing to the address of the appropriate agency shown in item 1.
4. Transfers. Beferethe undersigned law enforcement agency transfers cash, property, or proceeds
to other law enforcement agencies: it.must verify'fii-litthat the receiving agency has a current and
valid Federal Equitable Shari.ng Agr~eme.lit"on,'fileWith the Department of Treasury and the
Department of the Justice. If.thereisno.;agrEletnenl on file, the undersigned law enforcement
agency must obtain one from the receiving agency, and forward it to the appropriate Department.
A list of recipients, their addresses and the amount transferred should be attached to the Annual
Certification Report. .
89
. .
.
5. Internal Controls, The parties agree to account separately for federal equitable sharing funds
received from the Department of the Treasury or the Department of Justice, i.e., Treasury funds
will be tracked separately from Justice funds. Interest income generated should be deposited in
the appropriate federal 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 Guide).
The accounting for shared funds must be submitted in the format shown on the Annual
Certification Report contained in both the Treasury Guide and the Justice Guide.
The misuse or misapplication of shared resources or the supplantation of existing resources with
shared assets is prohibited, Failure to comply with any provision of this agreement shall subject
the recipient agency to the sanctions stipulated in the current edition of the Treasury or the Justice
Guides, depending on the source of the funds or property.
6. Annual Certification Report, The recipient shall submit an Annual Certification Report to the
Department oflhe Treasury and Ihe Department of Justice (at the addresses shown in item 1) and
provide a copy to Ihe United States Attorney in the district in which Ihe recipient agency is located.
The Annual Certification Report must be submitted in accordance with Ihe instructions that are
appDcable to either Treasury or Justice as outlined in Iheir individual Guides. Receipt of the Annual
Certification Report is a prerequisite to receiving any Mure equitably shared cash, property, or
proceeds.
7. Annual Audit Report. If cash, property, and proceeds valued at more than $100,000 are received
in a single fiscal year from the Treasury or Justice equitable sharing program, or if a federal
forfeiture fund account balance of more than $100,000 is maintained, the law enforcement agency
and the goveming body agree to conduct an annual audit of any funds or property received or
expended to ensure compDance with this agreement and all applicable staMes and policies. The
audit report must be submitted in accordance with the Compliance Requirements and Audit
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 the
Department of Justice and the United States Attorney in the district in which Ihe recipient agency
is located. The audit report must be submitted within 180 days following the close of the
undersigned law enforcement agency's fiscal year. For the law enforcement agencies that meet
Ihe Ihreshold amount, receipt of the audit report is a prerequisite to receiving any Mure equitably
shared cash, property, or proceeds.
Under penalty of perjury I the unders:gned officials certify that the recipient state or local law enforcement agency ts in compliance with the provisions of the
Treasury and Justice Guides and the National Code of Professional Conduct for Asset Forfeiture.
Date
JOSE GARCIA-PEDROSA
(Print or Type name)
Authorized Responsible Official of
the Goveming Body or Designee
Date
RICHARD BARRETO
(Print or Type name)
Law Enforcement Agency
Head or Designee
(Signature)
CHIEF OF POLICE
TItle (Print or Type)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Signature)
CITY MANAGER
TItle (Print or Type)
1# "~JL
City Attorney
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