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Agenda 11/10/2015 Item #16J3 11/10/2015 16.J.3. i Executive Summary ; i Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30,2016. OBJECTIVE: To have the Collier County Commission endorse the United States Department ofustice and United States Department of Treasury combined Equitable Sharing Agreement and Certificate valid through September 30,2016. CONSIDERATION: The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's Office works with the United States Department of Justice and the United States Department of Treasury to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that result in a federal forfeiture by these agencits may request an equitable share of the net proceeds of the forfeiture. An Equitable Sharing Agreement and Certification is required to be submitted annually. The head of the law enforcement agency and the head ' of the governing body must sign the Equitable Sharing Agreement and Certification. The itabie Sharing Agreement and Certification, valid through September 30, 2016, needs to be signed y the i Chairman of the Board of County Commissioners. I FISCAL IMPACT: Requested equitable share revenues will be accounted for separately in the 1 Sheriff's Office. Funds will be used to supplement and not supplant Sheriff's Office law enfo ment ' purposes. The fiscal year in which the revenues will be received depends on when a case is clos Total revenues to be received cannot be determined until cases are closed. ' GROWTH MANAGEMENT: Approval of this item will have no impact on growth managementf RECOMMENDATION: That the Board of County Commissioners endorses the United 1 States Department of Justice and United States Department of Treasury combined Federal Equitable lharing Agreement and Certification valid trough September 30.2016. PREPARED BY: 1 1 . t - Andrea Marsh,Finance Director ' 1 APPROVED BY: Kevin J. : i . DATE: October 213,2015 j 1 Appro 1,,g. I 'otm and legality Jeffrey A. 7 a; ow,County Attorney . 1 as I iiiimmin.....................Packet Page-1622- 11/10/2015 16.J.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.J.16.J.3. Item Summary: Recommendation to endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2016. Meeting Date: 11/10/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 11/3/2015 2:50:47 PM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 11/3/2015 2:50:49 PM Approved By Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 11/3/2015 2:54:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/3/2015 3:13:27 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/3/2015 5:41:09 PM Packet Page-1623- . I 11/10/2015 16.J.3. OMB Number 1123.0011 k Expires lanuary 31,201 �1 4i) Equitable Sharing Agreement and . �' Certification �` °' Police Department ( Sheriffs Office (' Task Force(Complete Table A) Prosecutor's Office (' National Guard Counterdrug Unit C Other •Please fill each required held.Hover mouse over any liftable field for pr,-up Instructions. Agency Name:Collier County Sheriff's Office NCIC/ORI/Tracking Number:t F L O I 1 1 1 0 1 0 1 0 1 0] Mailing Address:3319 E.Tamiami Trail City:Naples State: FL Zip:34112 Finance Contact: First:Lori Last: Sams Phone:239-252-0842 Email: Lori.Sams @colliersheriff.org Preparer. First:Lori - Last: Sams ® Finance f1ea`Contact Phone: 239-252-0842 Email: Lori.Sams @colliersheriff.org Last FY End Date: 09/30/2015 Agency Current FY Budget: $152,60,400.00 i I New Participant Read Equitable Sharing Agreement and sign Affidavit ' II{ Existing Participant Complete Annual Certification Report,read Equitable Sharing Agreement,and electronically sign Affi$avit Amended Form: Revise Annual Certification Report read Equitable Sharing Agreement,and electronically sign Affidavit { Annual Certification Report Summary of Equitable Sharing Activity Justice Funds' Trruasury Funds t y Beginning Equitable Sharing Funds Balance ,, (Must match Ending Balance from prior FY) $384,361.63 { $386,843. , , 2 Equitable Sharing Funds Received S157,615.38 J $0.0' 1 Equitable Sharing Funds Received from Other Law Enforcement Agencies and ! 3 Task Forces(Complete Table B) L 1 4 Other Income $0.00 $0.i c• Non-Interest Bearing 5 Interest Income ;: Interest Bearing $1,172.99 $968.3 1 6 j Total Equitable Sharing Funds(total of lines 1 -5) l $543,150.00 $387,811.5 7 Equitable Sharing Funds Spent(total of lines a-n below) $65,067.28 1 8 f Ending Equitable Sharing Funds Balance(difference between line 7 and line 6) g q g $478,082.72 $387,811.5 'Department of Justice Asset Forfeiture Program participants are?FBI,DEA,ATF,USPIS,USDA,DC15,DSS,and FDA. . 2Department of the Treasury Asset Forfeiture Program participants are:IRS,ICE CRP,AND USSS. Page 1 of 5 February 201 Wrsoa 3.1 Packet Page -1624- I 11/10/2015 16.J.3. Summary of Shared Funds Spent Justice Funds Treasury Funds a ;Law enforcement operations and investigations — ---t ..� - f--- J, b I Training and education f c 'Law enforcement,public safety,and detention facilities — I - d I Law enforcement equipment e i Joint law enforcement/public safety operations f 1 Contracting for services Law enforcement travel and per diem h I Law enforcement awards and memorials I I Drug`gang,and other education or awareness programs l j I Matching grants (Complete Table C) { k ansfers to other participating law enforcement agencies (Complete Table D) I ;Support of community-based programs (Complete Table E) m .Non-categorized expenditures (Complete Table F) I $65,067.28 { I £ n Jsaiaries (Complete Table G) i l Total: $65,067.28 1 1 i Please fill out the following tables,if applicable. Table A: Members of Task Force Agency Name NCICtORNTracking Number i� Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name,City,and State Justice Funds Treassury Funds Agency Name: - in- t; I� i , l � �-T—..r.., it NCIC/ORI/Tracking Number. I I Table C: Matching Grants 1 Matching Grant Name Justice Funds Tr$sury Funds 1 i i Page 2 of 5 ;February 201 Verson 3.1 Packet Page -1625- 4 1 • 11/10/2015 16.J.3. Table D: Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name,City,and State Justice Funds Treasury Funds Agency Name !NCIC/ORVTracking Number: -,- -T I , ! Table E: Support of Community-based Programs Recipient Justice Funds Tre isury Funds { Table F: Expenditures not Categorized In(a)-(n)Above Description Justice Funds Treasury Funds Electronic Surveillance Equipment It; $65,067.28 j9 l Table G: Salaries Salary Type Justice Funds T ury Funds Overtime i'Match for Federal Salary Grant j s DARE/SRO Officer C'Federal Task Force Replacement Officer Table N: Civil Rights Cases Name of Case Type of Discrimination Allegoid J Race JD Color ❑ National U Origin Gender f-� ! [� Disability j[] Age [j Other j • Paperwork Reduction Act Notice Under the Paperwork Reduction Act,a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate,or suggestions for malting this form simpler,please write to the Asset Forfeiture and Money Laundering Section: 1400 New York Avenue,N.W.,Washington,DC 20005. { Page 3 of S February 20t_ vets=3.1 Packet Page -1626- I 11/10/2015 16.J.3. Equitable Sharing Agreement This Federal Equitable Sharing Agreement,entered into among(1)the Federal Government,(2)the abov*-stated law enforcement agency("Agency"),and(3)the governing body,sets forth the requirements for participati in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash,property, roceeds, and any interest earned thereon,which are equitably shared with participating law enforcement agencies. By submission of this form,the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the Department of Justice and Depart nt of the Treasury Equitable Sharing Programs. Receipt of the signed Equitable Sharing Agreement and Certification(this "Document")is a prerequisite to receiving any equitably shared cash,property,or proceeds. 1.Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the Agency's fiscal year. This Document must be submitted and signed electronically. This will constitute submission to the Department of Justice and the Department of the Treasury. 2.Signatories. This agreement must be electronically signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief,sheriff,director,commissioner,superintendent, administrator,chairperson,secretary,city attorney,county attorney,district attorney,prosecuting attorney,state attorney,commonwealth attorney,and attorney general. The governing body's head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager,mayor,city council chairperson,county executive,county council chairperson,director,secretary,administrator,commissioner,and governor. The governing body head cannot be from the law enforcement agency and must be from a separate entityl 3.Uses. Any shared asset shall be used for law enforcement purposes In accordance with the statutes arid guidelinerl that govern the Department of Justice and the Department of the Treasury Equitable Sharing Programs of set forth in the current edition of the Guide to Equitable Sharing for State and Local Law Enforcement Agencies(Guide). 4.Transfers. Before the Agency transfers funds to other state or local law enforcement agencies,It mustlfirst verify with the Department of Justice that the receiving agency is a current and compliant Equitable Sharing Pr4grarn participant. Transfers of tangible property are not permitted. 5.Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures,joint laiw enforcement operations funds,and other sources must not be commingled with federal equitable sharing funds. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed by the Agency's jurisdiction as supplemented by requirements set forth in the current edition cif the Guide, including the requirement to maintain relevant documents and records for five years. The misuse or misapplication of shared resources or supplantation of existing resources with shared assess is prohibited. The Agency must follow its jurisdiction's procurement policies when expending shared fundsl Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Guide. 6.Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to condo t periodic random audits or reviews. 7.Freedom of Information Act. Information provided in this Document is subject to the FOIA requirer■Onts of the Department of Justice and the Department of the Treasury. Page 4 of 5 !February 2011 version 3.1 Packet Page-1627- 1 11/10/2015 16.J.3. Affidavit r�// Name: Title: (�i fiF Email: hq @colliersheriff net To the best of my knowledge and belief,the information provided on this form is true and accurate and has been reviewed and autho by the law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her acceptance of and agreement to abide by the policies and procedures set forth in the Guide to Equitable Shoring forState and focal Law Enforcement A Including ensuring permissibility of expenditures and following all required procurement policies and procedures. Entry of the Agency d name above also Indicates his/her acceptance of and agreement to abide by requirements set forth in this Equitable Sharing Agreement,and policies or procedures issued by the Department of Justice or the Department of the Treasury related to the Asset Forfeiture or Equitable Sha Programs. The Law Enforcement Head also certifies that no items on the Prohibited List,as detailed in Reoantnendations Pursuant to ecutive Order 13688%were purchased with equitable sharing funds after May 111 2015. Governing Body Head Electronic Signature Name: Title: Email: To the best of my knowledge and belief,the agency's current fiscal year budget reported on this form is true and accurate and the Go ng Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing Entry of the Governing Body Head name above indicates his/her acceptance of and agreement to abide by the policies and procedures set f in the Guide to Equitable Shoring for State and Local Low EnforcevrtentApendes,this Equitable Sharing Agreement,and any pogcles or procedial s issued by the Department of Justice or the Department of the Treasury related to the Asset Forfeiture or Equitable Sharing Programs. I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.; Final Instructions Step 1: Click to save for your records Step 3: Email the XML file to acasubrnit@usdoj.goil Step 2: Click to save in XML format Page S of S Fitbtuary 2015 i1 Version 3.1 Packet Page -1628-