Agenda 11/08/2022 Item #16J 1 (DOJ and USD Treasury Wquitable Sharing Agreement and Certification through September 30, 2023)11/08/2022
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 30, 2023.
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, 2023.
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 approve the Collier County Sheriffs
Office to electronically file the Equitable Sharing Agreement and Certification. The Equitable Sharing Agreement
and Certification, valid through September 30, 2023, needs to be approved 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, raises no legal issues and
requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman to sign the United
States Department of Justice and United States Department of Treasury combined Federal Equitable Sharing
Agreement and Certification valid through September 30, 2023.
PREPARED BY: Stephanie Driscoll, Finance Director
APPROVED BY: Kevin J. Rambosk, Sheriff
ATTACHMENT(S)
1. Equitable Sharing Agreement and Certification FY23 - JAK signed (PDF)
I Packet Pg. 1569
11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.1
Doe ID: 23723
Item 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 30, 2023.
Meeting Date: 11/08/2022
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
10/21/2022 2:44 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
10/21/2022 2:44 PM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
10/24/2022 10:23 AM
Completed
10/26/2022 9:11 AM
Completed
11/01/2022 4:18 PM
Completed
11/02/2022 11:26 AM
11 /08/2022 9: 00 AM
I Packet Pg. 1570 1
OMB Number 1123-0011
Expires: December 31, 2024
Equitable Sharing Agreement and Certification
NCIC/0RIfTracking Number: FLO1 10000
Agency Name: Collier County Sheriffs Office Type: Sheriffs Office
Mailing Address: 3319 E. Tamiami Trail
Naples. FL 34112
Agency Finance Contact
Name: Sams. Lori
Phone: 239-252-0842
Jurisdiction Finance Contact
Name: Johnssen, Derek
Phone: 239-252-7863
ESAC Preparer
Name: Ruiz, Marien
Phone: 2392520852
Email: Lori. Sams @colliersheriff org
Email: Derek.Johnssen@collierclerk.coni
Email: marien.ruiz@colliersheriff.org
FY End Date: 09/30/2022 Agency FY 2023 Budget: $233,874,800,00
Annual Certification Report
Summary of Eauitable Sharina Activitv Justice Funds Troaqtjry Fiiinds. 2
1
Beginning Equitable Sharing Fund Balance
S 192,667.77
$511,176.94
2
Equitable Sharing Funds Received
$0.00
$346,318.21
3
Equitable Sharing Funds Received from Other Law Enforcement
Agencies and Task Force
$0.00
$0.00
4
10ther Income
$0.00
$0.00
5
jInterest Income
$1,290.85
$3.425.17
6
Total Equitable Sharing Funds Received itotal of lines 2-51
$1.290.85
$349,743.38
7
Equitable Sharing Funds Spent (Maloflinesa-rii
$0.00
$222,920.29
8
Ending Equitable Sharing Funds Balance
(difference between line, ana the sLm of lines I and 61
S193,958.62
$638,000.03
wepanment OT JUSUCe ASSel t-orTellUre I-rograrn investigative Agency participants are FBI, DEA ATF. USPIS, USDA, DCIS, DSS and FDA
Department of the Treasury Asset Forfeiture Program participants are IRS-Cl. ICE. CBP and USSS
Summary of Shared Funds Spent
Justice Funds Treasury Funds
a
Law Enforcement Operations and Inv stigations
$0.00
$0.00
b
Training and Education
$0.00
SO.00
c
Law Enforcement, Public Safety, and Detention Facilities
$0.00
SO.00
d
Law Enforcement Equipment
SO.00
S222,920.29
e
Joint Law Enforcement/Public Safety Equipme2t and Operations
$0.00
SO.00
f
lContracts for Services
SO.00
$0.00
_I
Law Enforcement Travel and Per Diem
SO.00
$0.00
h
Law Enforcement Awards and Memorials
$0.00
SO.00
i
Drug, Gang. and Other Education or Awareness Programs
$0.00
$0.00
j
Matching Grants
SO.00
SO.00
k
Fransfers to Other Participating Law Enforcement Agencies
$0.00
$0.00
I
Support of Community -Based Programs
SO.00
m
Non -Categorized Expenditures
SO.00
$0.00
n
Salaries
SO.00
SO.00
Total
SO.00
S222-.920.29
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Equitable Sharing Funds Received From Other Agencies
ITransferring Agency Name I Justice Funds Treasury Funds
Other Income
10ther Income Type Justice Funds Treasury Funds
Matching Grants
Transfers to Other Participating Law Enforcement Agencies
lReceiving Agency Name I Justice Funds Treasury Funds
Support of Community -Based Programs
Non -Categorized Expenditures
Salaries
Salary Type
Justice Funds
Treasury Funds
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 Money Laundering and Asset
Recovery Section at 1400 New York Avenue, N.W., Washington, DC 20005.
Privacy Act Notice
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary-, however, the information is necessary for your agency to maintain Program compliance
Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS), This information may be disclosed to contractor
when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.
Single Audit Information
Independent Auditor
Name: Chris Kessler
Company: Clifton Larson Allen LLP
Phone: 239-226-9900 Email: chris.kessier@claconnect.coni
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Were equitable sharing expenditures included on the Schedule of Expenditures of Federal Awards (SEFA) for
jurisdiction's Single Audit for the prior fiscal year? If the jurisdiction did not meet the threshold to have a Single Audit
performed, select Threshold Not Met.
YES FXJ NO F� THRESHOLD NOT MET F�
Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse: 19250220201
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Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this
Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials
certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate
accounting of funds received and spent by the Agency,
The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following
laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U,&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 (142 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 prograrn or activity. The Agency agrees that it will comply with ail federai 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,
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement. entered into among (1) the Federal Government, (2) the Agency, and (3) the
Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the
restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared
with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and
all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.
1. Submission. The ESAC must be signed and electronically submitted within two months of the end of the Agency's fiscal
year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.
2. Signatories. The ESAC 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, county attorney, district
attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general, The governing body 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, administrator, commissioner, and governor. The
governing body head cannot be an official or employee of the Agency and must be from a separate entity.
3. Uses. Shared assets must be used for low enforcement purposes in accordance with the Guide and all subsequent
updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations,
4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written
approval from the Department of Justice or Department of the Treasury, Transfers of tangible property are not permitted.
Agencies that transfer or receive equitable sharing funds must perform sub -recipient monitoring in accordance with the Code
of Federal Regulations,
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 law enforcement
operations funds, and any other sources must not be commingled with federal equitable sharing funds,
The Agency certifies that equitable sharing funds are maintained by its jurisdiction and the funds are administrated in the
same manner as the jurisdictions's appropriated or general funds. The Agency further certifies that the funds are subject to
the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the
requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement
to maintain relevant documents and records for five years,
The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or
assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.
Failure to comply with any provision of the Guide. any subsequent updates, and the Code of Federal Regulations may subject
the Agency to sanctions,
6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of
1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The
Agency must report its equitable sharing expenditures on the jurisdiction's Schedule of Expenditures of Federal Awards
(SEFA) under Assistance Listing Number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The
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Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
7. Freedom of Information Act (FOIA), Information provided in this Document is subject to the FOIA requirements of the
Department of Justice and the Department of the Treasury. A0encies MUSt follow local release, of infort'nation policies,
8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Department of Justice's
Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of
any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds,
Civil Rights Cases
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; or (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?
Agency Head
Narne:Rambosk, Kevin J
Title: Sheriff
Email: hq@colliersheriff.net
LM
Signature:
Date
To the best of my knowledge brid belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law
Enforcement Agency Head whose name appears above, Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any Cl)
C14
subsequent updates. and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies >_
and procedures, LL
Governing Body Head
Name: McDaniel, William L
Title: Chairman
Ernail: Bill, McDaniel@colliercountyfi.gov
Signature:
r_
0
ATTEST
CRY)STAL K. KINZEL, CLERK U
BY:
E
Date: a)
To the best of niv knowledge and belief. the Agency's current fiscal year budget reported on this ESAC is true and accurate and Ine Govetning Body Head
whose name appears above cert.ifier that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the
Governing Body Head name above indicates his,'her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and
the Code of Federal Regulations
Cl)
F� I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the M
Governing Body Head.
A
Approved to fok—and legality
Jeffrey A. *Klatz� w CountyAttorney
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