Agenda 11/10/2009 Item #16J 1
Executive Summary
Agenda Item No. 16J 1
r'~ovember 10, 2009
Page 1 of 7
Recommend that the Board of County Commissioners endorse the United States
Department of Justice and United States Department of Treasury combined Eauitable
Sharine: Ae:reement and Certification throue:h September 2010.
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, 2010.
CONSIDERATION: The Collier County Sheriffs Office participates in joint investigations in which
the Sheriffs Office works with the United States Department of Justice and the Untied 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 sign the Equitable Sharing Agreement and Certification. The Equitable
Sharing Agreement and Certification, valid through September 30, 2010, needs to be signed by the
Chairman of the Board of County Commissioners.
FISCAL IMP 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 011 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.
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RECOMMENDATION: 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, 2010.
CERTIFICATION OF CONFISCATED TRUST FUND REQUEST
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PREPARED BY: .L.\../L\-.;, _ttL' \/i
Carol Goligbt y, FinanCtJrector \J
APPROVED BY: KeVinRam~~
DA TE: October 7, 2009
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Approved as to form & legal sufficiency
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CoHeen Greene,
Assistant County Attorney
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Agenda item i~o.16J1
November 10, 2009
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J1
Meeting Date:
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 Cel'tification through September 2010, allowing the Sheriff's Office to
receive an equitable share of net proceeds of a Federal Forfeitul'e resulting from the Sheriffs
participation in joint criminal investigations.
11/10/2009900:00 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/15/2009 3:37 PM
'.
i~,ganja iTem rJo. 16J1
r'~overllber ; 0, 2009
3 of 7
Equitable Sharing
Agreement and
Certification
OMS Number 1123-0011
Expires 7-31-2011
o Police Department @ Sheriff's Office 0 Task Force (Complete Table A, page2)
o Prosecutor's Office 0 Other (specify)
Agency Name: Collier County Sheriffs Office
NCICIORI/Tracking Number: F L 0 1
Street Address: 3301 Tarniami Trail East, Bldg. J
City: Naples
Contact: Title: Ms. First: Andrea
State: FL Zip: 34112
Last: Marsh
Contact Phone:
(239) 793-9374
Contact Fax:
(239) 793-9405
Contact e-mail: acctmgr@coltiersheriff.net
Last Fiscal Year End: I 09/30/2009 I
o New Participant: Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5)
@ Existing Partlclpant: Complete the Annual Certification Report, read the Equitable Sharing Agreement
(page 4), and sign the Affidavit (page 5)
o Change in Administration: Select to report change to Agency or Governing Body head DURING the current fiscal
year. Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5).
o 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 Equitable Sharing Activity
Justice Funds
Treasury Funds
1 Beginning Equitable Sharing Fund Balance (must match $430,278.08 $534,706.02
Ending Equitable Sharing Fund Balance from prior FY)
2 Federal Sharing Funds Received $5,492.56 $0.00
3 Federal Sharing Funds Received from Other Law Enforcement $0.00 $0,00
Agencies and Task Forces (complete Table B, page 2)
4 Other Income $0.00 $0.00
5 Interest Income Accrued $1,948.25 $2,254.95
Check box if non-interest-bearing account 0
6 Total Equitable Sharing Funds (total of lines 1 - 5) $437,718.89 $536,960.97
7 Federal Sharing Funds Spent (total of lines a - n below) $16,019.50 $212,585.00
8 Ending Balance (difference between line 7 and line 6) $421,699,39 $324,375.97
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A;1enda item ~'Jo. 16J 1
f'Jovember 10, 2009
Page 4 of 7
Summary of Shared Monies Spent
Justice Funds
Treasury Funds
a Total spent on salaries for new, temporary, not-to-exceed $0.00 $0.00
one year employees (See Guide to Equitable Sharing)
b Total spent on overtime $0.00 $0.00
c Total spent on informant and "buy money" $0.00 $0.00
d Total spent on travel and training $0.00 $2,000.00
e Total spent on communications and computers $0.00 $210,585.00
f Total spent on firearms and weapons $0.00 $0.00
9 Total spent on body armor and protective gear $0.00 $0.00
h Total spent on electronic surveillance equipment $16,019.50 $0.00
I Total spent on building and improvements $0.00 $0.00
j Total spent on other law enforcement expenses (complete
Table C, page 3) . $0.00 $0.00
k Total transfers to other state and local law enforcement
agencies (complete Table D, page 3) $0.00 $0.00
I Total 15% Expenditures in Support of Community-based
Programs (complete Table E, page 3) $0.00
"
m Total 25% Windfall Transfers to Other Government Agencies
(complete Table F, page 3) $0.00 $0.00
n Total spent on matching grants (complete Table G, page 3) $0.00 $0.00
Total $16,019.50 $212,585.00
Miscellaneous Data
0 Agency's budget for current fiscal year $146,487,900.00
p Jurisdiction's budget for current fiscal year $1,426,281,600.00
q Appraised Value of Other Assets Received $0.00 I $0.00
Table A: Members of Task Force
Agency Name
Address
DEA Task Force
12730 New Brittany Blvd" Suite 501, Ft. Myers, FL 33907
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name, City, and State
Date Agency Name ,
Justice Funds
Treasury Fund.
NCIClORI/Tracking Number
$0.00
$0.00
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Table C: Other Law Enforcement Expenses
Description of Expense
II
Justice Funds Treasury Funds
~ $0.00 I $0.00 ~
Table 0: Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State
Date Agency Name I
Justice Funds
Treasury Funds
NClClORlffracking Number
$0.00
$0.00
Table E: 15% Expenditures In Support of Community-based Programs
Recipient
II
Justice Funds
~I $0.00
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Table F: 25% Windfall Transfers to Other Government Agencies
Recipient
Justice Funds
Treasury Funds
$0.00
$0.00
Table G: Matching Grants
Matching Grant Name
Justice Funds
Treasury Funds
$0.00
$0.00
Table H: Civil Rights Cases
Name of Case
Type of Discrimination Alleged
Status
Name of Case: Joseph Agresti II. Kevin Rambosk in His 0 0 0 National 0
Official Capacity as Collier County Sheriff. Race Color Origin Gender
The Agency has not been found in violation of any o Settled
nondiscrimination laws. 0 ~ @ Pending
The Agency has not entered into any settlement Disability Age 0 Other
agreements during the last fiscal year.
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.
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Agenda Item No. 16J1
Nov,ember 10, 2009
Page 6 of 7
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 restridions 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.submlt@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted eledronically 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 ofthe Agency and the head ofthe governing body.
Examples of Agency heads include police chief, sheriff, diredor, commissioner, superintendent, administrator,
chairperson, secretary, city attorney, county attorney, distrid 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, diredor, 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 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.lnternal 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 subjed to the standard accounting requirements and pradices
employed for other public monies as supplemented by requirements set forth in the current edition of the
Justice Guide and the Treasury Guide.
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 subjed the recipient agency to the
sanctions stipulated in the current edition ofthe 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.
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By
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 andlor 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.e.
9 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.s.e. 91681 et seq.), Section 504 of the Rehabilitation
Act of 1973 (29 U.s.e. 9 794), and the Age Discrimination Act of 1975 (42 u.s.e. 9 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.
During the past fiscal year, has the Agency been part of any
proceedings alleging discrimination by the Agency? @ Yes 0 No
. If you answered yes, complete Table H. Please disclose (1) all proceedings pending
before any court or administrative agency, (2) any nondiscrimination laws the
Agency has been found in violation of, and (3) any settlement agreements the
Agency has entered into during the last fiscal year.
Agency Head
Governing Body Head
Signature:
Name:
Signature:
Name:
Donna Fiala
Chairman, Collier Co. Comm.
Title:
Title:
Date:
10/7/2009
Date:
11/10/2009
Final Instructions: Approved as to form & legal sufficiency
Step 1: Click button to save in PDF format for your records C at ~
Step 2: Click button to save in XML format Coll€en Greene,
Step 3: E-mail the XML file as attachment to aca.submit@usdoj.gov Assistant County Attorney
Step 4: Fax a signed copy of THIS PAGE ONLY to (202) 616-1344
Note: The Agency will not be in compliance until the e-mail and the fax of this page are received.
FOR AGENCY USE ONLY
Entered by
//11I11I1111111111111111 1111111111111111
Entered on
FY End: 09/30/2009
NCIC: FLOll 0000 Agency: Collier County Sheriff's Office
State: FL Contact:Andrea Marsh
Phone:(239) 793-9374
E-mail:acctmgr@colliersheriff.net
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