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R02-083RESOLUTION R02- b ~"~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A FEDERAL EQUITABLE SHARING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, DEPARTMENT OF TREASURY AND DEPARTMENT OF JUSTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY works together with Federal Agencies in investigating criminal activity. As a activities, and; WHEREAS, this benefit, the CITY may share in proceeds from the illegal revenue sharing agreement will assist the City's Police Department in purchasing non-budgeted items in accordance with the Federal guidelines; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor to execute a Federal Equitable Sharing Agreement between the City of Boynton Beach, Department of Treasury and Department of Justice, a copy of which Agreement.is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage, PASSED AND ADOPTED this o~] ~day of May, 2002. CITY q~ BOYI~.TON B~CH, FLOPIDA ATTESTt City Clerk "VALID THRU SEPTEMBER 30, 2005" Federal Equitable Sharing Agreement Law Enforcement Agency: . Cit7 (~) Police Dcpartmem (~) Prosecutor's Office of Boynton Beach Police Department C)CheckifNewParticipant C) Sheriff's Office/Department C) Task Forcet C) Other Contact Person: Michael L. Munro Mailing Address: E-mail Address: 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 (Street) (City) (State) (Zip Code) Telephone Number: ( 561 ) Agency Fiscal Year Ends on: 742-6102 Fax Number: ( 561 ) 742-6185 Sept. 30, NClC/ORI/Tracking No.: FL0500300 (Month/Day) This Federal Equitable Sharing Agreement entered into among (1) 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 of federally forfeited 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. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Reportmustbe submitted to both the Deparunent of Justice and the Department 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 from the respective departments or as outlined in their equitable sharing guidelines. U.S. Department of Justice/ACA Program 10th and Constitution Avenues, NW Criminal Division/AFMLS Bond Building, Tenth Floor Washington, D.C. 20530 Fax: (202) 616-1344 Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW, Suite 700 Washington, D.C. 20220 E-mail address: treas, aca~teoaf.treas.gov Fax: (202) 622-9610 2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any e~luitab ly-shared cash, property, or pro ceeds. 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 specified in the equitable sharing request (either a DAG-71 or a TD F 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other taw 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 from the receiving agency, and forward it to the Department of Justice and the Department of the Treasury as in item 1. A list of recipients, their addresses, and the amount transferred mustbe attached to the Federal Annual Certification Report. Attach list of member agencies with their addresses and indicate lead agency. aa. 8b. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Department of Justice and the Deparlrnent of the Treasury. Funds from state and local forfeitures and other soumes must not be commingled with federal equitable sha ring funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and the Deparmaent 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 rec_uirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide ro 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 Locat 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 ormisapplication ofsharedresourcesor the supplantation ofexisting 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. Federal Annual Certification Report. The recipiem 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 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. Audit Re port. 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? C) 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? C) Yes (~) No (If you answered yes, attach relevant information. 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 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 erseq.), 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 in 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 (Print or Type) Date Law Enforcement Agency Head or Authorized Representative (Signature) Name (Print or Type) Date Governing Bofi,)t Head or Authorized Rep.~esentative (Sig~nature) / Chief of Police Mayor Title (Print or Type) Title (Print or Type) This form is subject to the Freedom_of_ Inf_o_rolation Act and may be leased to requests under 5 U.S.C. § 552. APPROVED ~" APt~liJ~D AS TO ~o~M: f r~ ""-- ~- --CITY ATTo~?,,-~'''~ CITY ATTORNE~ Federal Equitable Sharing Agreement Instructions (Please retain these instructions for your records.) Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency (e.g., Anytown Police Department). This must be consistent with the DAG-71. Check the appropriate box to indicate type of agency. Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if designated. New Participant: Check this box if your agency has never received any cash, proceeds, or property from the equitable sharing program. Contact Person: Enter the name of the person who can provide additional information on the sharing agreement form. E-mail Address: Enter the e-mail address of the contact person or the e-mail address of the agency. Mailing Address: Enter your agency's complete mailing address (number, street, city/town, state, and zip code). Telephone Number: Enter the phone number of the contact person, including area code and extension. Fax Number: Enter your agency's fax number including area code. Agency Fiscal Year Ends on: Enter the ending date (month/day) of your agency's fiscal year; e.g., 6/30. NClC/ORI/Tracking No.: Enter your valid FBI-issuedNational Crime Information Center (NCIC)/ORI code--e.g., CA0000000--or tracking number assigned by AFMLS. Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enfomement agencies that receive federal f'mancial assistance from the Department of Justice (DO J) are subject to the provisions of: (1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; (2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational programs; (3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and (4) the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. Federal financial assistance includes funds, training and technical assistance, logistical support, and property transfers from DOJ including equitable sharing. Agencies receiving assistance are required to permit DOJ investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights laws. If the "yes" box is checked in 8a and/or 8b, provide the following information: the name of the case; a summary of the complaint; and the status of the case. For example: Jones v. Anytown Police Department; sex discrimination; settled. Please do not send a copy of the complaint. Law Enforcement Agency Head or Authorized Representative: The head of your law enforcement agency (or the authorized representative) must sign and date the form. (Examples of law enforcement agency head or authorized representative include the following: police chief, district attorney, sheriff, undersheriff, deputy chief.) Name and title of the signatory must be printed or typed. By si~ning the agreement, the head of the law enforcement agency (or the authorized representative) certifies that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program. Governing Body Head or Representative: The head ofyour governing body (or the authorized representative) must sign and date the form. (Examples of governing body head or authorized representative include the following: city manager, county executive, mayor, county judge.) Name and tide of the signatory must be printed or typed. By signing the agreement, the head of the governing body (or the authorized representative) certifies that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines which regulate the equitable sharing program. For purposes of this form, a governing body is an institution or organization that has appropriations authority--that is, the agency that gives your agency its budget---over the state or local law enforcement agency. A law enforcement official should not sign for the governing body unless he/she has appropriations authority.