Agenda 11/09/2010 Item #16J 1
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~Summary N. 10
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..........that the Board of County CoIiId"'''i,.!I'S endorse the United States D._~'
of JustIce..,Unbd States Department ofn,-u.v combined Equitable Shari",,,."nt
and.a.~.throughSeptember2011 'i' .
~'::, to have the Collier County Commission endorse the United States Department
of JUltlc.".....1d States Department of Treasury combined Equitable st.'Inc Apeement
and'o.....-. ~''''Id thfouch September 30, 2011.
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mNSI~..'. . ',.... ... ',' The CallIS' CcultyShe.Iff's OfIice participates In Joint Investlptlons In
which ~'0fIIc:e worb with the United States Department of Justke and the United
States ~ of Treasury to enforce....... criminal laws. Local... enforament
aaendes that directly or IndIreCtly partic:lpllte In an InvestIptfon or ~ that result in
a federal forfaItIn by these.... may '*IUeSt an equitable share of the net proceeds of
the forfeiture. An EquItable......... A&n:emeid: and Certfflcatlon Is required to be submitted
annually. The head of the ... _fo.cement apncyan~ the head of the aou-nInI body must
sfcn the Equitabfe SharI... Acr....ent and CertIfIatIon. The Equitable SharIna AIreeti'Ient
and CertifIcation, valid thrOIIIfa $eptember 1O,2OU, needs to be sI&ned by the Chafnnan of
the Board of County eamm........
RSCAL IMPACT: ~equItabIe.... revenues will be accounted for separately in
the Sheriff's Office. Funds.... used to supplement aRcJ not supplant Sherlff's OffIce law
ehfo.-cement puiposes. The..... year In which the revenues win be received depends On
when a case Is dosed. TotIII.~ to be rec:eIved cannot be determined until cases are
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closed.
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GROWTH MANGEMENT: ~I of this Item will have no IIIIpact on arowth
maflalement.
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RECOMMENDATION: That the Board of Ca&wIty Commissioners endorSes the United States
Department of Justice and UnIted States Department of Treasury combined Federal Equitable
. SharIng Agreement and CertfftcatIon valid through September 30, 2011.
nl'.PAItI:D BY:
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Agenda Item No. 16J 1
November 9,2010
Page 2 of 8
Equitable Sharing
Agreement and
Certification
o Police Department @ Sheriffs Office 0 Task Force (Complete Table A, page2)
o Prosecutor's Office 0 Other (specify)
Agency Name: Collier County Sheriffs Office
NCIC/ORlrrracking Number: F L 0 1 1
Street Address: 3301 Tamiami Trail East, Bldg. J
City: Naples
Contact: Title: Ms.
State: FL
Zip: 34112
Last: Marsh
... First: Andrea
Contact: Phone: 239-793-9374
E-mail: andrea.marsh@colliersheriff.org
Last: Marsh
Same as Preparer: First: Andrea
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Contact Preparer: Phone: 239-793-9374 E-mail: andrea.marsh@colliersheriff.org
Last Fiscal Year End: 09/3012010 Agency Current Fiscal Year Budget: $136,054,900.00
o New Participant:
@ Existing Participant:
Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5)
Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4),
and sign the Affidavit (page 5)
Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4),
and sign the Affidavit (page 5).
o Amended Form:
Annual Certification Report
Summary of Equitable Sharing Activity
Justice Funds 1
2
Treasury Funds
1 Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY) $421,699.39 $324,375.97
2 Federal Sharing Funds Received $18,434.56 $0.00
3 Federal Sharing Funds Received from Other Law Enforcement
Agendes and Task Forces (complete Table B, page 2) $0.00 $0.00
4 Other Income $0.00 $0.00
5 Interest Income Accrued Non-lnterest Bearing 0 $1,065.09 $762.31
Interest Bearing @
6 Total Equitable Sharing Funds (total of lines 1 - 5) $441,199.04 $325,138.28
7 Federal Sharing Funds Spent (total of lines a - m below) $6,557.05 $35,400.00
8 Ending Balance (difference between line 7 and line 6) $434,641.99 $289,738.28
1 Justice Agendes are: FBI, DEA. ATF, USPIS, USDA. DClS, DSS, and FDA.
2 Treasury Agencies are: IRS, ICE. CBP, USSS. and USCG.
Page 1 of5
April 2010
Version 1.8
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Agenda Item No. 16J 1
November 9,2010
Page 3 of 8
Summary of Shared Monies Spent
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 $0.00
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 $35,400.00
f Total spent on weapons and protective gear $0.00 $0.00
g Total spent on electronic surveillance equipment $6,557.05 $0.00
h Total spent on buildings and improvements $0.00 $0.00
i Total transfers to other state and local law enforcement
agencies (complete Table C, page 2) $0.00 $0.00
j Total spent on other law enforcement expenses (complete
Table 0, page 3) $0.00 $0.00
Total Expenditures in Support of Community-based Programs ','-. .' ", ::: .::-....'. ..~- ,." -.
k (complete Table E, page 3) $0.00 -- .'. '." >....._.6'
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I Total Windfall Transfers to Other Government Agencies
(complete Table F, page 3) $0.00 $0.00
m Total spent on matching grants (complete Table G, page 3) $0.00 $0.00
Total $6,557.05 $35,400.00
Did you receive non-cash assets? 0 Yes @ No If yes, complete Table H, page 3
Please fill out the following tables, if appliceble.
Table A: Members of Task Force
Agency Name
illiJjj"j]J
Table B: Equitable Sharing Funds Received from other Agencies
Total the amount transferred to each agency on separate lines
Transferring Agency Name, City, and State
Agency Name: I
NClC/ORlfTracking Number:
Justice Funds Treasury Funds
1[3[3
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
Agency Name: I
NClC/ORI/Tracking Number:
Justice Funds Treasury Funds
1[3[3
Page 2 of 5
April 2010
Version 1.8
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Agenda Item No. 16J 1
November 9,2010
Page 4 of 8
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Table 0: Other Law Enforcement Expenses
I Descriptio. of Expense
Justice Funds Treasury Funds
III $0.00 III $0.00 II
Table E: Expenditures in Support of Community-based Programs
Refer to 5 VlILA.l.m and Appendix C of the Justice Guide
I Redp,"",
Justice Funds
II 1["" .,:\ . .... , }I
. . SO 00 -"!.;:''''''':':>''::'''''
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Table F: Windfall Transfers to Other Government Agencies
Refer to 5 VlIIA1.n of the Justice Guide and pp. 25-26 of the Treasury Guide
I Redplenl
Justice Funds Treasury Funds
II $0.00 III SO.OO II
Table G: Matching Grants
Refer to 5 VlIIA1.h of the Justice Guide and p. 22 of the Treasury Guide
I MlItchl.g Gro.t Name
Justice Funds Treasury Funds
~I $0.00 III $0.00 II
. Table H: Other Non-tash Assets Received
Description of Asset
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Table I: CIVil Rights Cases
DRace
Type of Discrimination Alleged
o Color 0 National 0 Gender
Origin
o Disability ~ Age
o 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 Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor.
Washington, DC 20005.
Page 3 of 5
April 2010
Venlon 1.8
Agenda Item No. 16J 1
November 9,2010
Page 5 of 8
Table I: Civil Rights Cases
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Name of Case: Joseph Agresti v. Kevin Rambosk in His Official Capacity as
Collier County Sheriff.
The Agency has not been found in violation of any nondiscrimination laws.
The Agency entered into a settlement agreement during the last fiscal year to
pay attorney's fees for Mr. Agresti, with voluntary dismissal with prejudice and the
Agency specifically denied any violation.
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Agenda Item No. 16J1
November 9,2010
Page 6 of 8
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated
law enforcement agency (-Agenc:yj, 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.submit@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 5)
submitted by fax. This will constitute submission to the Department of Justice and the Department ofTreasury.
2. Signatories. This agreement must be signed by thenead ofthe Agency and the head ofthe 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 use.d 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 (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 ofTreasury, 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 OMS
Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodiC
random audits.
Page 4 of 5
April 2010
Agenda Item No. 16J1
November 9, 2010
Page 7 of 8
Affidavit - Existing Participant .
Under penalty of perjury, the undersigned offtdIIs certify that ..,............. ......-..... their alai...........,
the........w. ShMng~ and that the information submitted In con~ with this Document Is an KCUrate
aa:ounang offunds receMd Ind spent by the Ag!fKy under the Justb and/or TreauyGulda duftng the reporting
period and Nt the recipient A/;I!ncy Is In compIllnce with the NatIonal Code <<ProfessIonal Condua for Asset forfeiture.
The undersigned certify tMt the fl!ClpIent Agency Is In compliance with the nondiscrimination requirements of the
foIowIng laws end their DepMment of Justice implementing regulations: l1de VI of the CIvIl RIghIs AD. 011964 (42 U5.C.
S 2000d <<seq.), TIde DC of the EducatIon Amendments of 1972 (20 Us.c. S 1681 eueq.), SectIon 504 of the Rehablltatlon
Act of 1973 (29 U5.C. S 794), and the Aqe DlsalmlnItIon AD. 011975 (42 U5.C. S 6101 etseq.). which prohI)It
clscrirnlnltion on the basis 01 race, color, national origin, disability, or age In any fI!deraIIy assisted program or activity, or
on the buis of sex In any federallv assisted education program or activity. The Agency agrees that It will comply with ..
federal statuteS and reguIIIIons permitting federallnvesdglllDrS access to rKOrds and any other sources of Information as
may be nece5Slry to determine compHance with cIVI rights and other applicable statutes and regulations.
DurIng the .... fIIaI,...-: (1)......., court or ................., lIsuecIany.........
............ or cIeeenftInatIon tIIIIt: the AgencJ discriminated..... -.y penon or.-p In
....... of any of....,...... dvI rights Dtutes ...........r (2) .... the Agency ..deNCI
1nID.., ~........-nt willi ....,.ct-..., CDIIIpIIIInt.... with . CDUI't or
......b.tIw agenq...... that.... AptcJ cllscrtmlMtlld against..., penon or group In
__don of.., of........... civil rights statutes n.... ___7 @ Yes 0 No
If,.. ........,.. _ the.bove question. com""" 'lable I
Agmcy Head
:::-ar,IJ-L;,
Name: Gregory G. Smith
TIde: Acting Sheriff for K. Rambosk
Oa~ 10/1412010
GovernIng Body Head
S.'2anplge
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SIgnatUre:
Name: Fred W. Coyle
TItle: Chairman. Collier Co. Comm.
Date 1119/10
SUIIoaIoelDfquhaIIIo5Mrlng- ~
the EquIIIbIe ShIrtng WIle Is III eIecInric "'_I'ln. 1hIt. .
gMs J'lIU ....-..... J...t 1 ... WonIIIlIon 'SV"''''''
~SIMlg.... prKIIceI.n pIOCIIdureL
F.....1nsD'udIons:
Step 1: Click to save for your records
Step 2: Oleic to save in XML format
Step 3: E-mail the XML file to aca.submltOusdoJ.gov
Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344
~:~:o I] lIIUIJI~,'I~11111I111111111111111111111
. NCIC: R.Ol10000 AqerKy. Collier County Sherlfrs Offtce Phone: 23~793-9374
o
State: Fl Contact AndreI Marsh E-maIl: ..1....... . V.-.ncv
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DWIGHT E. BROCK, Clerk
Page5of5
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Colleen Greene.
A&siSt8Ilt County Attom8Y
A.prtl2010
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By
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Item Number:
Item Summary:
Meeting Date:
Approved By
Colleen Greene
County Attorney
Approved By
OMB Coordinator
County Manager's Office
Approved By
Randy Greenwald
Office of Management &
Budget
. Approved By
Jeff Klatzkow
.
Approved By
Mark Isackson
Office of Management &
Budget
Agenda Item No. 16J 1
November 9, 2010
Page 8 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
Recommendation to endorse the United States Department of Justice and United States
Department of Treasury combined Equitable Sharing Agreement and Certification through
September 2011.
11/9/20109:00:00 AM
Assistant County Attorney
Date
County Attorney
10/26/20104:03 PM
Date
Office of Management & Budget
10/28/20109:22 AM
ManagemenUBudget Analyst
Date
Office of Management & Budget
10/28/201010:48 AM
County Attorney
Date
10/28/20102:23 PM
Management/Budget Analyst, Senior
Date
Office of Management & Budget
10/29/20103:12 PM