Loading...
Agenda 11/09/2010 Item #16J 1 ~. . 1 ~Summary N. 10 'i.:~l:(i 1 of 8 . .... .. .. ,'+ . .;,~. ..........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. ~;i; -.., I: i ,;:(,,~. _ . 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 \ . . closed. . . GROWTH MANGEMENT: ~I of this Item will have no IIIIpact on arowth maflalement. I 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: u..2810 ........- r- -l A.JIItIOV'aD,ft. , . . , AppIIMd.>>.....1UIIIcIIncy e " _i~ . . . 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 ~ 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 , 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' '.' .... " .. '.' - . .' 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 . ' I . . Agenda Item No. 16J 1 November 9,2010 Page 4 of 8 . 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 -"!.;:''''''':':>''::''''' . _::~~~:--:_'~~_~':~,i-::: :",..~:::~':t . 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 I I 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 . 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. . . . . . 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 . 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 . E. DWIGHT E. BROCK, Clerk Page5of5 (t t- ~ : ~ ,,,J f,.. ~,;, I -' - - -,.--t/ _.- v.l,.).....,.,v.,.V - <:;..-. v' ../<...... Colleen Greene. A&siSt8Ilt County Attom8Y A.prtl2010 --.,. By . 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