Agenda 11/13/2012 Item #16J6Executive Summary 11/13/2012 Item 16.J.6.
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, 2013.
OBJECTIVE: To have the Collier County Commission endorse the United States Department of Justice
and United States Department of Treasury combined Equitable Sharing Agreement and Certification valid
through September 30, 2013.
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, 2013, 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.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for approval. -JAK
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 valid through September 30, 2013.
PREPARED BY:
APPROVED BY:
Andrea Marsh, )E' ixiance Director
Kevin J.
DATE: October 12 2012
Packet Page -2843-
11/13/2012 Item 16.J.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.6.
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 2013.
Meeting Date: 11/13/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
10/29/2012 12:41:15 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
10/29/2012 12:41:17 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 10/29/2012 2:51:33 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 10/30/2012 1:09:10 PM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Offce of Management & B
Date: 11/1/2012 9:27:52 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/1/2012 11:19:12 AM
Packet Page -2844-
11/13/2012 Item 16.J.6.
OMB Number 1123 -0011
Equitable Sharing Expires 9- 30.2014
Agreement and "
Certification
Q Police Department (�) Sheriffs Office O Task Force (Complete Table A)
O Prosecutor's Office 0 National Guard Counterdrug Unit 0 Other
' Please fill each required field clover mouse over any tillable field for pop -up instructions.
Agency Name: Collier County Sheriffs Office
NCIC /ORI/Tracking Number. F L 10 1 11 11 0:jE 0 To
Mailing Address: 3319 E. Tamiami Trail
City: Naples State: FL Zip: 34112
Finance Contact: First: Lori Last: Sams
Preparer:
®Same as
Finance contact
Phone: 239- 252 -0842
First: Lori
E -mail: Lori.Sams @colliersheriff.org
Last: Sams
Phone: 239- 252 -0842 E -mail: Lori.Sams@colliersheriff.org
Independent Public Accountant: E -mail: Sam.Chan @ey.com
Last FY End Date: 09/30/2012 Agency Current FY Budget: $131,973,300.00
O New Participant Read the Equitable Sharing Agreement and sign the Affidavit.
Q Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement, and sign
the Affidavit.
Q Amended Farm: Revise the Annual Certification Report, read the Equitable Sharing Agreement, and sign
the Affidavit.
Annual Certification Report
Summary of FouitahiP Sharinn Activity 1■—+i— V.—A. 1 T...., C.—A-2
1
1 Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FYI
$507,122.12
+
$266,160.53
2
Federal Sharing Funds Received
$143,753.07
$95,627.80
3
Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (To populate, complete Table B)
4
Other Income
5
Interest income Accrued Non - interest Bearing 0
Interest Bearing Q
$1,360.84
$765.37
6
Total Equitable Sharing Funds (total of lines 1 - 5)
$652,236.03
$362,553.70
7
Federal Sharing Funds Spent (total of lines a - m below)
$32,907.60
$0.00
8
__7
Ending Balance (difference between line 7 and line 6)
$619,328.43
$362,553.70
'Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA.
2 Treasury Agencies are: IRS, ICE, CBP, TTS, USSS, and USCG.
Page 1 of 5
Packet Page -2845-
October 2012
Version 2.1
11/13/2012 Item 16.J.6.
V-.-- c - - -. Furuic Treasury Funds
a
aumn law y w wm. �.v ... w..r• -••�
Total spent on salaries under permitted salary exceptions
- --
-
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
$32,907.60
f
Total spent on weapons and protective gear
g
Total spent on electronic surveillance equipment
h
Total spent on buildings and improvements
i
Total transfers to other participating state and local law
enforcement agencies (To populate, complete Table C)
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)
m
Total spent on matching grants (To populate, complete
Table G)
n
Total
$32,907.60
$0.00
o
Did your agency receive non -cash assets? Q Yes +Q No If yes, complete Table H.
Please fill out the following tables, if applicable.
Table A. Members of Task Force
Agency Name VCIC /ORI/Tracking Number IT
"LILL I-- I I
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name, City, and State Justice Funds Treasury Funds
kgency Name:
VCIC /ORI/Tracking Number:
Table C: Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State Justice Funds Treasury Funds
%gency Name:
VCIC /ORI/Tracking Number:
Page 2 of 5
Packet Page -2846-
October 2012
Version 2.1
Table D: Other Law Enforcement Expenses
Descricition of Expense
Table E: Expenditures in Support of Community -Based Programs
Table F: Windfall Transfers
Table G: Matching Grants
Grant Name
Table N: Other Non -Cash Assets Received
Source Description of Asset
Justice Q
Treasury O
Table I: Civil Rights Cases
Name of Case
11/13/2012 Item 16.J.6.
Justice Funds Treasury Funds
Justice Funk
Justice Funds Treasury Funds
Justice Funds Treasury Funds
Tvnp of nieemieninatinn Allanarl
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 ONE 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 -2847-
October 2012
version 2.1
❑ Race
❑ Color
❑ National
Origin
❑ Gender
❑ Disability
❑ 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 ONE 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 -2847-
October 2012
version 2.1
11/13/2012 Item 16.J.6.
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 aca.submit0usdcj.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 attorney 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 guidelines
that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's
Guide to Equitable Sharing for State 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 Law Enforcement Agencies (Treasury
Guide).
4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement
agencies, it must first 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 accounting will be subject to the standard accounting requirements and practices
employed for other public funds as supplemented by requirements set forth in the current edition of the Justice Guide
and the Treasury Guide, including the requirement in the Justice Guideto maintain relevant documents and records for
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 this agreement shall subject the recipient agency to the sanctions
stipulated in the current edition 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.
Page 4 of 5
Packet Page -2848-
October 2012
Version 21
11/13/2012 Item 16.J.6.
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 submitted in conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under the Justice and /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 etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), 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 etseq.), 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; _Qr (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? O Yes @ No
If you answered yes to the above question, complete Table I
Agency Head Governing Body Head
Signature: Signature:
Name: Kevin J. bosk Name:
Title: Sheriff Title:
Date: ,,� �( .�� Date:
Fred Coyle
Chairman, Board of Cty Comm
E -mail: hq @colliersheriffnet E -mail: FredCoyle @colliergov.net
Subscribe to Equitable Sharing Wire: Lori.Sams @colliersheriff.org
The Equitable Sharing Wire is an electronic newsletter that
gives you important, substantive, information regarding Andrea.Marsh @colliersheriff.org
Equitable Sharing policies, practices, and procedures.
Final Instructions:
Step 1: Click to save for your records Step 3: E -mail the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format I Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616 -1344
FOR AGENCY USE ONLY
Entered by
Entered on
0 FY End: 09/30/2012 Date Printed: October 12, 2012 08:08
o NCIC: FLO110000 Agency: Collier County Sheriffs Office Phone: 239 - 252 -0842
0
State: FL Finance Contact: Lori Sams
E -mail: Lori.SamsPcolliersheriff.org
Page 5 of 5
Packet Page -2849-
October 2012
Version 21