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Backup Documents 11/09/2010 Item #16J1 ORIGINAL DOCUMENTS CHECKLIST & ROUTWQSIP� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEIgJ U) 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Ian Mitchell,BCC Office Board of County Commissioners 1(1(D/to Supervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only afar the BCC has acted to approve the item) Name of Primary Staff Andrea Marsh Phone Number 793-9374 Contact Agenda Date Item was 11/09/10 Agenda Item Number 16J1 Approved by the BCC Type of Document Agreement/Certifcate Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be MJB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's MJB Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the MJB document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MJB signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip MJB should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 11/09/10 (enter date)and all MJB changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 9.18.09 16J1 MEMORANDUM Date: November 16, 2010 To: Andrea Marsh, Finance Director Collier County Sheriff's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A US Department of Justice and US Treasury combined 2011 Equitable Sharing Agreement and Certification Attached for further processing is the original document referenced above (Agenda Item #16J1) approved by the Board of County Commissioners on Tuesday, November 9, 2010. If you have any questions, please call me at 252-8406. Thank you. Attachment Equitable Sharing Agreement and Certification 1611 lumber 1123-0011 Expires 7.31 -2011 0 Police Department @ Sheriffs 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 Street Address: 3301 Tamiami Trail East, City: Naples State: FL Zip: 34112 Contact: Title: Ms. First: Andrea Last: Marsh Contact: Phone: 239 - 793 -9374 Same as Preparer. First: Andrea ® Contact Preparer. Phone: 239 - 793 -9374 Last Fiscal Year End: 09/30/2010 E -mail: andrea.marsh @colliersheriff.org Last: Marsh E -mail: andrea.marsh@colliersherifforg Agency Current Fiscal Year Budget: $136,054,900.00 0 New Participant: Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5) Q Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5) 0 Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5). Annual Certification Report Summary of Eauitable Sharina Activity luctirm orrnd: r.._..... s .._�: 1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior Fl) $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 Agencies and Task Forces (complete Table B, page 2) $0.00 $0.00 4 Other Income $0.00 $0.00 5 Interest Income Accrued Non - Interest Bearing Interest Bearing $1,065.09 $762.31 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 e Ending Balance (difference between line 7 and line 6) $434,641.99 $289,738.28 lusuce Agencies are: Fal, UtA, Al F, USPIS, USDA, DCIS, DSS, and FDA. Treasury Agencies are: IRS, ICE CBP, USSS, and USCG. Page 1 of 5 April 2010 Version 1.8 Summary of Shared Monies Soent 16A ; Justice Funds TrMMUM FunAe a Total spent on salaries for new, temporary, not -to- exceed one year employees Refer to 4 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 Total transfers to other state and local law enforcement agencies (complete Table C, page 2) $0.00 $0.00 Total spent on other law enforcement expenses (complete Table D, page 3) $0.00 $0.00 k Total Expenditures In Support of Community -based Programs (complete Table E, page 3) $0.00 00 . f ' 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? O Yes 0 No If yes, complete Table H, page 3 Please fill out the following tables, if applicable. Table A: Members of Task Force Agency Name 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 Number Justice Funds Treasury Funds Agency Name: NCIC /ORI/Tracking Number. 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: NCIC/ORI/Tracking Number. Page 2 of 5 Justice Funds Treasury Funds $0.00111 $0.00 April 2010 Version 1.8 Table D: Other Law Enforcement Expenses Table E: Expenditures in Support of Community -based Programs Refer to § VIII.A.i.m and Appendix C of the Justice Guide 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 16114 Justice Funds Treasury funds $0.00111 $0.00 Justice Funds Justice Funds ui ii p �= Table G: Matching Grants Refer to § VIII.A.t.h of the Justice Guide and p. 22 of the Treasury Guide Matching Grant Name Justice Funds Treasury funds so-00111 $0.00 Table N: Other Non -Cash Assets Received of Asset Table I: Civil Rights Cases Name of Case 1e or Lase: josepn Agresti V. Kevin namtwsK in acity as Collier County Sheriff. Agency has not been found in violation of any discrimination laws. of Discrimination ❑ Race J❑ Color Disability I® Age J❑ Other Paperwork Reduction Act Notice Gender 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 Version 1.8 Table I: Civil Rights Cases 1611 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. 1611 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.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 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 (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law EnforcementAgencies (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 ofJustice 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 ofJustice 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 oflustice, 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 4 of 5 April 2010 Version 16 161 Affidavit - Existing Participant Under penalty of per)ury, the undersigned offlclak earthy that they haw read and understand their ob%Www under the F+WIW& sharing Agreement and that the Wdbrmadon submitted In conjunction with this Document Is an accurate accounting of Ponds receNed and spent by the Agency under theAu rice and/or 7hessuyGuldes during the reporting period and that the redpWrt Agency is In compliance with the National Code of Professional Conduct for Asset Forfeiture. The undersigned certly that the reciplem Agency is in compliance with the norndsaNdnation requirements of the "owing laws and their Department oflustla implementing regulations Title VI of the CMI Rights Act of 1964 (42 US.C. 5 2000d et w* L Title W ofthe Education Amendments of 1972 (20 US.G 11681 of seq.1, Seaton 504 of the RehaNkatlar Act of 1973 (29 US-C. 5 794L and the Age DisaNMnation Act of 1975 (42 U.S.C.9 6101 at seq.), which prohibit discrimination on the bask of race, cola, national origin, disabirty, or age In any federally assisted program or activity, or on the beds 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 cMl rights and other applicable statutes and regulations. Du** the past flecM year. (1) has arty court or admMtbtratM agency hatted any findb % judgment, or dearminatbn that the Agency dhxrimhudad agahnt any person or group in violation of any of the federel t9vN rights statutes Noted abash a (2) has the Agency entered into airy settlennum agreement with respect to any compWntMad with a court or administrative agency alleging that the Agency disahninatad against any person or group in violation of arty of the federal chill rights statutes listed above? (D Y!s ONO N you answered yes to the above question, comphnte T" I Agency Head Governing Jody Heed Sae 12 an p4 Sea 12on papa Signature: ZIM Nana: Gregory G. Smith Tice: Acting Sheriff for X Ramboak Skj,atute: t� w. C �. Name. Fred W. Coyle . Title: Chairman, Collier Co. Comm. Date: 10/1412010 Date. 11/9/10 Subscribe to Equhable sharing wlrw 1harnua+arSlwawwaramarxaorI naaaiaardrat shW sou aeponan6aAdanarw 6*MMO oa r.�adaw rvraaat.sh. ins nxardm and piawdunr. a F27,717,77777777 =. Step 1: Click to save for your records Step 3: E-mail the XML file to aca submitousdo).gov Step 2: Click to save in XML format I Step 4. Fax THIS PAGE ONLY to (202) 616.1344 FOR AGENCY USE ONLY Entered by Entered on O FY End: 09/30/2010 Dra p O 14, 20101347 e NCIC. FL0110000 1h ! Sr'or County Shertlrt Ofllce Phony 239- 793 -9374 O State FL ContaelCA E-mail: 11 111111slisfil"M AT n (1 DWIdHTE 9F(OE.M C" Pagesofs / Colleen Greene. n...l �J11� - � Arl 1t 7 k n Assistant County Attorney nil 2010 WNW is