R05-083
II
1 RESOLUTION R05- De 3
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR TO EXECUTE A
6 FEDERAL EQUIT ABLE SHARING AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH,
8 DEPARTMENT OF TREASURY AND DEPARTMENT
9 OF JUSTICE; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the CITY works together with Federal Agencies in investigating
13 criminal activity. As a benefit, the CITY may share in proceeds from the illegal activities;
14 and
15 WHEREAS, this revenue sharing agreement will assist the City's Police
16 Department in purchasing non-budgeted items in accordance with the Federal guidelines.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
20 ratified and confirmed by the City Commission.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby authorize and direct the Mayor to execute a Federal Equitable Sharing Agreement
23 between the City of Boynton Beach, Department of Treasury and Department of Justice, a
24 copy of which Agreement is attached hereto as Exhibit "A".
25
Section 3.
This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this " day of May, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
ATTEST:
~
R05"-083
Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 30,2008
Law Enforcement Agency:
City of Boynton Beach Police Department 0 Check if New Participant
![) Police Depanment
o Sheriff's Office/Depanment
o Task Force (anach list ofmemiJers)
o Prosecutor's Office 0 Other
Contact Person: Michael L. Munro
E-mail Address:
Mailing Address: 100 E. Boynton Beach Blvd.
(Street)
Boynton Beach
(City)
Fl. 33435
(State) (Zip Code)
Telephone Number: ( 561
742-6102
Fax Number: (561 ) 742-6185
Agency Fiscal Year Ends on:
Sept. 30
(MonthlDay)
NCIC/ORIITracking No.:
FL0500300
This Federal Equitable Sharing Agreement entered into among (I) the Federal Government, (2) the above-stated law enforcement agency,
and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon
the use offederally foñeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law
enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Deparnnent of Justice and the Deparnnent of the Treasury with a copy provided to the U.S. Attorney in the district in which
the recipient law enforcement agency is located, in accordance with the instructions received fÌ"om the respective deparnnents or
as outlined in their equitable sharing guidelines.
Asset Foñeiture and Money Laundering Section
U.S. Department of Justice
lOth and Constitution A venue, Nw
Bond Building, 10lh Floor
Washington, DC 20530
Fax: (202) 616-1344
E-mail address: afinls.aca(a)usdoi.l!ov
Executive Office for Asset Foñeiture
U.S. Deparnnent of the Treasury
740 15th Street, NW
Suite 700
Washington, DC 20220
Fax: (202) 622-9610
E-mail address: treas.aca(a)teoaf.treas.20v
2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
Examples oflaw enforcement 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. Examples of governing body heads include city manager, mayor, city council chairperson, county
executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Receipt of the signed
agreement is a prerequisite to receiving any equitably shared cash, propert)'. or proceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern
equitable sharing and as specitìed in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the
requesting agency.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local law
enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement
on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned
law enforcement agency must obtain one fÌ"om the receiving agency and forward it to the Deparnnent of Justice and the
Department of the Treasury as in item l. A list of recipients and the amount transferred must be attached to the Federal Annual
Certification Report.
April 2005
5. Internal Controls. The parties agree to account separately for federal equitable sharing funds received ITom the Department
of Justice and the Department of the Treasury. Funds ITom state and local forfeitures and other sources must not be conuningled
with federal equitable sharing funds. The recipient 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 parties agree 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 Department of Justice 's A Guide to Equitable
Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (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). The accounting of shared funds must be reported on the Annual Certification Report.
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 or property.
6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department
of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received ITom
the respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite
to receiving any equitably shared cash, property, or proceeds.
7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular
A-B3. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits.
8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement
pursuant to, any nondiscrimination law in federal or state court, or before an administrative agency?
o Yes
Qþ No
(If you answered yes, attach relevant infonnation. See instructions.)
8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings
against your agency alleging discrimination?
o Yes dO No (If you answered yes, attach relevant infonnation.' See instructions.)
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 D.S.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 (42 U.S.C. § 6101 et seq.), which
prohibit discrimination on the basis ofrace, 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.
Under penalty ofpeIjury, the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice andlor Treasury Guides and the National Code of Professional Conduct for
Asset Forfeiture.
Name (Print or Type) Marshall B. Gage Date
Low E~~.~"" '^",,'y Hood
Signature: ¿~~
/
Name (Print or Type) Jerry Taylor Date
Governing Body Head
S;~""re t01 \ ~/
Titl, tkor _
Title: Chief of Police
This form is subject to the Freedom of Information Act and may be released under 5 U.S.c. § 552.
See www.usdoi.20v/criminal/afmls.html or www.treas.20v/offices/enforcementlteoaffor additional forms.