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Agenda 11/08/2011 Item #16J5Executive Summary 11!8/2011 Item 16.J.5. Recommend that the Board of County Commissioners endorse the United Stsies Department of Justice and United States Depart�t of Treasury combined Equitable Sharing Agreement and cent ati©n through September, 20M OBJECTIVE: To have the Collier County Commission endorse the United States Department of Justice and United States Dint of Treasury combined Equitable Sharing Agreement and,Certification valid through September 30, 2012. 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 in= sign the Equitable;, Sharing Agreement and Certification. The Equitable Sharing Agreement and Certification, valid through September 30, 2012, needs to be signed by the Chairman of the Board of County Commissioners. FIW ACT: 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 cue is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH MANAUMNT: Approval of this item will have no impact on growth management. AL )NAMZM : This item has been reviewed by the County Attorney, is legally s ^ sufficient, and requires majority vote for approval; JAK 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, 2012. APPROVED BY: Aedrea Marsh, Fin wce Dhvdor Kevin I DATE: October 20.2011 ` n Packet Page -1467- 11/8/2011 Item 16.J.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.J.5. 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 2012. Meeting Date: 11/8/2011 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 10/27/20119:31:57 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 10/27/20119:31:59 AM Approved By Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 10/27/20114:01:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2011 1:27:01 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 10/28/2011 1:57:10 PM Packet Page -1468- Equitable Sharing Agreement and - Certification 11/8/2011 Item 16.J.5. ^`•O "lumber 1123 0011 Expires 9-30 -2014 0 Police Department Q Sheriff s Office 0 Task Force (Complete Table A, page2) 0 Prosecutor's Office 0 Other (specify) Agency Name: Collier County Sheriffs Office NCIC /ORI/Tracking Number: I F I L 10 1 1 Street Address: 3319 E. Tamiami Trail City: Naples State: FL Contact: Title: Ms. First: Lori Contact: Phone: 239 -252 -0842 Same as Preparer: First: Lori ® Contact Preparer: Phone: 239- 252 -0842 Last Fiscal Year End: 09/30/2011 Zip: 34112 Last: Sams E -mail: Lori.Sams @colliersherifforg Last: Sams E -mail: Lori.Sams @colliersheriff.org Agency Current Fiscal Year Budget: $131,973,300.00 0 New Participant: Read the Equitable Sharing Agreement (page -1) and sign the Affidavit (page -1) • Existing Participant: the Annual Certification Report, read the Equitable Sharing Agreement (page ' -1), and sign the Affidavit (page -1) 0 Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page -1), and sign the Affidavit (page -1). Annual Certification Report Summa•ry of Fnuitthie Sharinn Activity Justice Funds' Treasury Funds2 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA. 2 Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG. Page of September 2011 Version Packet Page -1469- Beginning Equitable Sharing Fund Balance (must match 1 Ending Equitable Sharing Fund Balance from prior Fl) $434,641.99 $289,738.28 2 Federal Sharing Funds Received $52,228.39 $0.001 Federal Sharing Funds Received from Other Law Enforcement 3 Agencies and Task Forces (complete Table B, page -1) $19,850.62 $0.00 4 Other Income $0.00 $0.00]. 5 Interest Income Accrued Non - interest Bearing Interest Bearing $1,169.26 $722.25 6 Total Equitable Sharing Funds (total of lines 1 - 5) $507,890.26 $290,460.53 7 Federal Sharing Funds Spent (total of lines a - m below) F $0.00 $24,300.00 8 Ending Balance (difference between line 7 and line 6) $507,890.26 $266,160.53 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA. 2 Treasury Agencies are: IRS, ICE, CBP, USSS, and USCG. Page of September 2011 Version Packet Page -1469- 11/8/2011 Item 16.J.5. C.....ma~ of Chsrad Unnias Cnant Justice Funds Treasury Funds a Total spent on salaries for new, temporary, not -to- exceed one year employees Refer to § VIII.A.2.a.3 of the Justice Guide $0.00 $OAO b Total spent on overtime $0.00 $0.00 c Total spent on informants, "buy money," and rewards $0.00 $0.00 d Total spent on travel and training $0.00 $0.00 e Total spent on communications and computers $0.00 $24,300.00 f Total spent on weapons and protective gear $0.00 $0.00 g Total spent on electronic surveillance equipment $0.00 $0.00 h Total spent on buildings and improvements $0,00 $0.00 Total transfers to other state and local law enforcement agencies (complete Table C, page -1) $0.00 $0.00 Total spent on other law enforcement expenses (complete Table D, page -1) $0.00 $0.00 k Total Expenditures in Support of Community -based Programs (complete Table E, page -1) $0.00 x° s +r �4F � , t..r.. I Total Windfall Transfers to Other Government Agencies (complete Table F, page -1) $0.00 $0.00 m Total spent on matching grants (complete Table G, page -1) $0.00 $0.00 n Total $0.00 F $24,300.00 o Did your agency receive non -cash assets? O Yes (�) No If yes, complete Table H, page -1. Please fill out the following tables, if applicable. Table A: Members of Task Force Agency Name Ncic/oRUTracicing number Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name, City, and State Justice Funds Treasury Funds Agency Name: lBroward County Sheriffs Office NCIC/OR[fTracking Number: I F I L 1 0 0 1 6 1 0 1 0 0 0 $19,850.62 $0.00 Table C: Equitable Sharing Funds Transferred to Other Agencies Total the amount transferred to each agency on separate lines Receiving Agency Name, City, and State Justice Funds Treasury Funds Agency Name: NCIC/ORI/Tracking Number: $0.00 $0.00 Page of Packet Page -1470- September 2011 version Table D: Other Law Enforcement Expenses ft—A-01— Ins C__s 11/8/2011 Item 16.J.5. Justice Funds Treasury Funds None $0.00 $0.00 Table E: Expenditures in Support of Community -based Programs Refer to § VIII.A.1.m and Appendix C of the Justice Guide None Table F: Windfall Transfers to Other Government Agencies Refer to § VIII.A.1.n of the Justice Guide and pp. 25 -26 of the Treasury Guide Justice Funds $0.00 Recipient Justice Funds Treasury Funds None $0.00 $0.00 Table G: Matching Grants Refer to § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guide ___..,___s Justice Funds Treasury Funds Table H: Other Non -Cash Assets Received Source Description of Asset Usti ry Treasury O Table is Civil Rights Cases U s.a.e —9 r- Tvoe of Discrimination Alleged Race Color None $0.00 $0.00 Table H: Other Non -Cash Assets Received Source Description of Asset Usti ry Treasury O Table is Civil Rights Cases U s.a.e —9 r- Tvoe of Discrimination Alleged 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, Program Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005. Page of Packet Page -1471- September 2011 Version Race Color National Origin Gender Disability Age E] 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, Program Operations Unit, 1400 New York Avenue, N.W., Tenth Floor, Washington, DC 20005. Page of Packet Page -1471- September 2011 Version 11/8/2011 Item 16.J.5. 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 page(page -1) submitted by fax. This will constitute submission to the Department of Justice and the Department of 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 Treasury, depending on the source of the funds, that the receiving agency is a federal Equitable Sharing Program participant and has a current Equitable Sharing Agreement and Certification on file. 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 forfeiture fund account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to 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 of Packet Page -1472- September 2011 Version r 11/8/2011 Item 16.J.5. Affidavit 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 et seq.), 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 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. Agency Head Governing Body Head See 12 on page See 12 on page 191-44--o-0- - evin . Ram osk Sheriff Signature: Name: Title: Signature: Name: Fred W. Coyle Title: Chairman, CoIlier Co. Comm. Date: 10/20/2011 Date: 11/08/2011 Subscribe to Equitable Sharing Wire: andrea.marsh @colliersherifforg The Equitable Sharing Wire is an electronic newsletter that gives you important, substantive, information regarding lori.sams@coUiersherifi:org Equitable Sharing policies, practices, and procedures derek.bell @colliersherifforg 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 Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616 -1344 -- -` September 2011 Approv d i � legal sufficiency: version Packet Page -1473 - . ,,,.,.,., .-.«.,.,..,y