R96-150RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND POLICE CHIEF TO EXECUTE
A FEDERAL EQUITABLE SHARING AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
FEDERAL GOVERNMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
best interests of the citizens and residents of the City to enter into an Agreement between
the Federal Govemment and the City of Boynton Beach, which sets forth the requirements
for participation in the federal equitable sharing program and the restrictions upon the use
of federally forfeited case, property, proceeds and any interest thereon, which are
equitably shared with participating agencies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and Police Chief are hereby authorized and directed to
execute an Agreement between the City of Boynton Beach and the Federal Government.,
which agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ,;~ day of October, 1996.
ATTEST:
' Cit~Clerk
Commissioner
C~missioner
(Corporate Seal)
BBPD/Fed. Gov\For[eiture. 9125/96
A~e~c]c Boynton Beach Police DeparcmenC
Contact PerSon: Michael L. Munro
Addre~: lOO E. Boynton Beach Blvd. Boymton Beach, Fi.
Your FL~cni Year Ends on: .~.~. ~ NCIC Code: FL0500300
O~onth~/ear)
Bank Routing Code and Account Number for EFT Pu~:
33435
Telephone N'mber: (5613 375-6102 Fax Number (561) 375-6185
This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above stated
law enforcement agency and O) 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 agencies. By their signatures below, the
parties agree that with respect to all sharing requests, they will be bound by the statutes and guidelines which
regulate shared assets and the following requirements for participation in the federal equitable s~ng program.
1. This agreement must be submitted on or before October I of each year to either the Department
of the Treasury or the Department of Justice (at the addresses shown in item 3'below) nnd a copy
to the United States Attorney in the district in which the recipient law enforcement agency is
located. Submission of the Federal Equitable Slmring Agreement to either Departmenfand a copy
to the United States Attorney satisfies the filing requirement.
This agreement must be signed by the law enforcement agency head or designee AND the
authorized responsible official of* the governing body or designee. Receipt of the signed agreement.
is a prerequisite to receiving any equitably shared cash, property or proceeds.
Any shared asset shall be used for law enforcement purposes, in accordance with the mtutes and
guidelines, and specified in the equitable sharing request (either a form 'rD F 92-22.46 or a form
DAG-71) submitted by the requesting agency. Any and ali requests for a change in use of cash,
property or proceeds from that specified in the equitable sharing request must be subnfitted in
writing to:
A. For Treasury nepartnmnt cases: B.
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
Washing*on, DC 20220
For Justice Department cases:
Asset Forfeituro Office
Criminal Division
U.S. Department of Justice
P.O. Bo~ 27322
Central Station
Washington, DC 20038
0
Before the undersigned law enforcement agency transfers cash, property.or proceeds to other law
enforcement agencies, it must first verify that the receiving agency has a ctu'rent and valid Federal
Equitable Sharing Agreement on file with either' Department. If there is no agreement on file, the
undersigned law enforeemmt agency must obtain one from the receiving agency, and for3vard it
to the appropriate Deparunent.
This agreement, as well as the mtutes and guidelines which regulate shared assets, is a part of
any and all sharing requests submitted by the undersigned law enforcement agency and the
governing body.
e
The pm'ties agree to account for federal equitable sharin~ funds received from the Department of
the Treasury or the Department of Justice separately, i.e., Treasury funds will be tracked
separately from Justice funds. Further, funds from state and local forfeitures and other sources
will not be deposited or otherwise commingled with the federal equitable sharing funds.
The parties further agree that such accounting will be subject to the standard accounting
requirements and practices employed for other such public monies as supplemented by
requirements set forth in the current edition of the Department of the Treasury's
~~ntri _ and Federal. Rtnt,-_ l~,~i Law Eh"--
........ ~ ..z ~,eparzment of ' · ·
Federal ' , .Justice s ] ] a ·
This accounting must be submitted in the format shown on the Annnai Certification
Guide_).
Report. contained in both the
The recipient shall submit the An~al Certification Report to either the Deportment of the
Treasury or the Department of Justice (at the addresses shown in item 3) and a copy to the United
States Attorney in the district in which the recipient agency is located. Further, the Annual
Certification Report must be submitted within sixty (60) days after the close of the undersigned
law enforcement agency's fiscal year. Receipt of the Annual Certification Report is a Prerequisite
to receiving any future equitably shared cash, property or proceeds.
If cash, property and proceeds valued at $100,000 or more nrc received in a single fiscal year from
the Federal equitable sharing progrnm or if a federal forfeiture fund account balance of more than
$100,000 is maintained, the law enforcement agency nnd the governing body agree to conduct an
annual audit of any funds or property received or expended under the federal equitable sharing
program to ensure compliance with this agreement nnd nil applicable statutes and policies. The
audit report must be submitted .in accordance with the Complinnce Requirements and Audit
Procedures found in both the
The recipient shall submit a copy of the audit to the Department of the Treasury and the
. Department of Justice (at the addresses shown in item 3) nnd the United States Attorney in the-
district in which the recipient agency is located. Further, the audit report must be submitted
within one hundred twenty (120) days after the 'close of the undersigned law enforcement agency's
fiscal year. For the law enforcement agencies which meet the threshold amount mentioned above,
receipt of the audit report is a prerequisite to receiving nny future equitably shared cash, property
or proceeds.
· . mru t.o. comply w~tn any provision of this ·
the rec~psent agency to the sanctions sti ulated ~ .. _ _ agreement s__hali subject
~, ti din ~ n.the current edition of the id
epen g on the source of the funos or property. . ~,qP-I:Y._0..~ or the
The undersigned law enforcement official certifies that the receiving state or local law enforcement
agency is in compliance with the provisions of the ~J:~D. EY.._~tRi~ and ~ and the
National Code of Professional Conduct for Asset Forfeiture.
Signature, Law Enforcement Agency
Head or Designee
Title
Date
Signature, Authorized Responsible
Official of the
Governin_g Body or Designee
Title
Date
Federal Equitable Sharing Agreement
rit
"VALID THRU SEPTEMBER 30, 200Q"
J7N
Law Enforcement Agency: Cit of Bo nton Beach Police De•a O Check if New Partici
a Police Department O Sheriff's Office/Depart sent O Task Force'
O Prosecutor's Office O Other
Cont ,:t Person: Michael L. Munro E - mail Address:
Mailing Address• 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435
• (Street) (City) (State) (Zip Code)
Telephone Number: ( 561 ) 742 - 6102 Fax Number: ( 561 ) 742 - 6185
Agency Fiscal Year Ends on: Sept. 30, ' NCIC /ORIfTracking No.: FL0500300
(Month/Day)
This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above - stated law enforcement ag
and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions
the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably - shared with participatin
enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate s
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 tc
the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in
the recipient law enforcement agency is located, in accordance with the instructions received from the respective departmm
as outlined in their equitable sharing guidelines.
Asset Forfeiture and Money Laundering Section ExecutiveOf ficeforAssetForfeiture
U.S. DepartmentofJustice/ACA Program U.S. Department of the Treasury
P.O. Box 27768 740 15th Street, N.W., Suite 700
Washington, D.C. 20038 Washington, D.C. 20220
E -mail address: program.aca@usdoj.gov E-mail address: treas.aca@teoaf.treas.gov
Far (202) 616 -1344 Fax: (202) 622 -9610
2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement age
the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to t
any equitably- shared cash, property, or proceeds
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines th
equitable sharing, and as specified in the equitable sharing request (either a DAG -71 or a TD F 92- 22.46) submit!
requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specif
equitable sharing request must be submitted in writing to the appropriate agency shown in item 1.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law en
agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement e
both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the under
enforcement agency must obtain one from the receiving agency, and forward it to the appropriate department show
A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certificati
5. internal Controls. The parties agree to account separately for federal equitable sharing funds received from the
of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be
-- with their addresses and indicate lead agency.
with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for
state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be
deposited 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
such public monies as supplemented by requirements set forth m 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 submitted in the format shown on the Annual
Certification Report contained in both the Justice and Treasury Guides.
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 m the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from 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 -133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits.
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?
0 Yes No (If you answered yes, attach relevant information. See instructions.)
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 O No (If you answered yes, attach relevant information. See mstructions.)
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.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 of race, color, national origin, disability, or age m any federally assisted program or
activity, or on the basis of sex in any federally assisted education program or activity.
Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct
for Asset Forfeiture.
Marshall B. Gage Gerald Broening
Name (Punt or Type) Date Name (Punt or Type) Date
Law Enforcement Agency Head or Authorized Representative Governing Body Head or Authonzed Representative
/
(Signature) (Signature)
Chief of Police Mayor
Title (Pnnt or Type) Title (Print or Type)
This form is subject to the Freedom of Information Act and may be released to requests under 5 U S C § 552 July 1999