Agenda 10/28/2014 Item #16J310/28/2014 16. J .3.
Executive Summary
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, 2015.
OBJECTIVE: To have the Collier County Commission endorse the United States Department of Justice
and United States Department,ofTreasury combined Equitable Sharing Agreement and Certification valid
through September 30, 2015,
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 agencies 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 Equitable
Sharing Agreement and Certification, valid through September 30, 2015, needs to be signed by the
Chairman of the Board of County Commissioners.
FISCAL IMPACT: Requested equitable share revenues will be accounted for separately in the
Sheriffs Office. Funds will be used to supplement and not supplant Sheriffs Office law enforcement
purposes. The fiscal year in which the revenues will be received depends on when a case is closed. Total
revenues to be received cannot be determined until cases are closed.
GROWTH MANAGEMENT: Approval of this item will have no impact on growth management.
RECOMMENDATION: That the Board of County Commissioners endorses the United States
Department of Justice and United States Department of Treasury combined Federal Equitable Sharing
Agreement and Certification vajid gh September 30, 2015.
PREPARED BY: �' t
Andrea Marsh, Fina ce Director
APPROVED BY: �.c
Kevia J. Rambosk, Sheriff
DATE: October 10.2014
JetireyA.
Packet Page -1970-
and legality
CMWAnonmy
10/28/2014 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 2015.
Meeting Date: 10/28/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
10/20/2014 3:34:50 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
10/20/2014 3:34:51 PM
Approved By
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 10/20/2014 3:49:22 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/21/2014 9:10:25 AM
Packet Page -1971-
Equitable Sharing
Agreement and
Certification
10/28/2014 16.J.3.
OMB Nu nb .-r I 1? 3 -00{ t
Exp.res9.3a2014
O Police Department i�) Sheriffs Office O Task Force (Complete Table A)
0 Prosecutor's Office 0 National Guard Counterdrug Unit 0 Other
•AleaseFNeothrequrre Nd& H ommumeweranyh fk&eheWforpopupimtrwtiorm
Agency Name: Collier County .Sheriff s Office
NCIC /ORI /Tracking Number: F L 10 1 1 0 1 0 0 U
Mailing Address: 3319 E. Tamiami Trail
City: Naples
Finance Contact
Preparer:
Sdrne M
f noriv Contact
First. Lori
Phone: 239 -252 -0842
First: Lori
State: F1. Zip: 34112
Last: Sams
E -mail: Lori.SamsCicolliersheri ► f org
Last: Sams
Phone: 239 - 252 -0842 E- mail: Lori.Sams@colliersherifTorg
Independent Public Accountant: E mail: )ulie.Fowler @claconnect.com
Last FY End Date: 09/30/2014 Agency Current FY Budget: $1,42,092,500.00
O New Participant: Read the Equitable Sharing Agreement and sign the Affidavit.
0 Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement, and sign
the Affidavit.
O Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement, and sign
the Affidavit.
Annual Certification Report
Summary of Eaultable Sharing Activity Justice Funds' Treasury Funds'
1
Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY)
$656,678.67
$385,877.36 1
2
i Federal Sharing Funds Received
$42,988.28
3
Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (To populate, complete Table B)
4
Other Income
$
Interest Income Accrued Non - interest Bearing 0
Interest Bearing Q
$1,039.36
$965.90
6
Total Equitable Sharing Funds (total of Imes 1- 5)
$700,706,31
$386,843.26
7
Federal Sharing Funds Spent (total of tines a - m below)
$316,344.68
$0.00
8
1 Ending Balance (difference between line 7 and line 6)
$384,361.63
$386,843.26
' Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DGS, DSS, and FDA.
1 Treasury Agencies are: IRS, ICE. CBP, TTB, USSS, and USCG.
Page 1 of 5
Packet Page -1972-
i
i
October 201
Yen ion � t
;i
iiiiiiii
Summary of Shared Funds
10/28/2014 16.J.3.
Justice Funds Treasury Funds
a Total spent on salaries under permitted salary exceptions i
b Total spent on overtime
c Total spent on Informants, 'buy money", and rewards
d Total spent on travel and training
e Total spent on communications and computers
f i Total spent on weapons and protective gear
'Total spent on electronic surveillance equipment
g $316,344.68
h 'Total spent on buildings and improvements
Total transfers to other participating state and local law
enforcement agencies (To populate, complete Table Q 1
Total spent on other law enforcement expenses (To populate,,
complete Table D)
k Total Expenditures in Support of Community-Based Programs!
(To populate, complete Table E)
I Total Windfall Transfers (To populate, complete Table F)
1
m Total spent an matching grants (To populate, complete I
Table G)
n Total i
S,16,344.68 $0.00
o i Did your agency receive non-cash assets? 0 Yes e No If yes, complete Table H.
Please fill out the following tables, If applicable.
Table A- Members of Task Force
Agency Narne NCIVORI/Tracking Number
Table 0: Equitable Sharing Funds Received from other Agencies
Transferring Agency Nam, City, and State
'Agency Name.
NCICIORItTracking Number:
Table Q Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State
Agency Name:
Justice Funds Treasury Funds
Justice Funds
Funds
Page 2 of 5 October 201
Vefs,on 2,1
Racket Page -1973------ --- ---
Table D: Other Law Enforcement Expenses
Description of Expense
Table E: Expenditures In Support of Community -Based Programs
a
10/28/2014 16.J.3.
1
Justice Funds Treasury Funds
Table G: Matching Grants
Matching Grant Name
Table H: Other Non -Cash Assets Received
Source Description of Asset
Justice (0
Treasury
Table I: Civil Rights Cases
Nam& of rata
Justice Funds Treasury Funds
Tvoe of Discrimination Alleaed
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
making 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 5
Packet Page -1974-
October 201
Vei,,on 2.1 i
Race
❑ Color
National
EO
�— Gender
Disability
E] Age
Other
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
making 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 5
Packet Page -1974-
October 201
Vei,,on 2.1 i
10/28/2014 16.J.3.
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered Into among (1) the Federal Government, (2) the above - stated law
enforcement agency ('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 law enforcement agencies.
By its signatures, 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 federal Equitable Sharing Program. 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 acasubmit @usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted electronically with the Affidavit /Signature submitted by fax.
This will constitute submission to the Department of Justice and the Department of the Treasury.
2. Signatories. This agreement must be 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 attomey general. The governing body's head is the person who allocates funds or
approves the budget for 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.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guldelii
that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's
Guide to Equitable Sharing forSrate and Local Law Enforcement (Justice Guide), and the Department of the Treasury's
Guide to Equitable Sharing for Foreign Countries and federal, State, and Local taw Enforcement Agencies (Treasury
Guide).
4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement
agencies, it must f rst verify with the Department of Justice or the Department of the Treasury, depending on the
source of the funds, that the receiving agency is a current and compliant Equitable Sharing Program participant.
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 and other sources
must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue
account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds.
Interest income generated must be accounted for in the appropriate federal equitable sharing account.
The Agency agrees that such acc ounting will be subject to the standard accounting requirements and practices
employed for other public funds w supplemented by requirements set forth in the current edition of the Justice Gu
and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records
five years.
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 thi s agreement shall subject the recipient agency to the sand
stipulated in the current editi on of the Justice or Treasury Guides, depending on the source of the funds/property.
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 Department of the Treasury reserve the right to conduct periodic
random audits.
Paqe 4 of 5 October 201
Venfon Zt
Packet Page -1975-
r
10/28/2014 16.J.3.
Affidavit - Existing Participant
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under
the Equitable Sharing Agreement and that the information submit ted In conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under theJusticeand/or Treasury Guides during the reporting
period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture.
The undersigned certify that the recipient Agency Is In compliance with the nondiscrimination requirements of the
following laws and their Department of Justice Implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit
discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or
on the basis of sex in any federally assisted education program or activity. The Agency agrees that It will comply with all
federal statutes and regulations permitting federal Investigators access to records and any other sources of information as
may be necessary to determine compliance with civil rights and other applicable statutes and regulations.
During the past fiscal year: (1) has any court or administrative agency Issued any finding,
Judgment, or determination that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above; Q (2) has the Agency entered
into any settlement agreement with respect to any complaint filed with a court or
administrative agency alleging that the Agency discriminated against any person or group in
violation of any of the federal civil rights statutes listed above? 0 Yes @ No
If you answered yes to the above question, complete Table I
Agency Head Governing Body Head
Signature: / L.t k 4
Name: Kevin J. Rambosk
Title: Sheriff
Date:
E -mail: hq @colliersheriff.net
Signature:
Name. Tom Henning
Title: Chairman, BCC
Date:
E -mail: TomHenning@colliergov.net
Subscribe to Equitable Sharing Wire: Lori.Sams@colliersherifiorg
The Equitable Sharing Wire Is an electronic newsletter that
gives you important, substantive, information regarding
Equitable Sharing policies, practices, and procedures.
Final Instructions:
Step 1: Click to save for your records I Step 3: Email the XML file to aca.submit @usdoj.gov
Step 2: Click to save in XML format Step 4: Scan & email this Affidavit to aca.affidavit@usdoj.gov
(Email subject line must Include Agency NCIC/ORI Code)
FOR AGENCY USE ONLY
Entered by
Entered on
o FY End. 09/30/2014 Date Printed: October 10, 201411:51
o NCIC: FL0110000 Agency: Collier County Sheriffs Office Phone: 239-252-0842
0 State: FL Preparer. Lori Sams E -mail: Lori.Sams@coliiersheriff.org
Page 5 of 5 October 201
version z1
Packet Page -1976-
,1,,