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R98-119 RESOLUTION NO. R98-//~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY OF BOYNTON BEACH TO ENTER INTO A FEDERAL EQUITABLE SHARING AGREEMENT WITH THE FEDERAL GOVERNMENT OF THE UNITED STATES, THE DEPARTMENT OF THE TREASURY AND THE DEPARTMENT OF JUSTICE, PROVIDING FOR PARTICIPATION IN THE FEDERAL EQUITABLE SHARING PROGRAM; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the City of Boynton Beach, from time to time, may participate with Federal Agencies in investigations regarding criminal activity; and W}{EREAS, said investigations may result in proceeds being distributed to participating agencies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, T~IAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the City of Boynton Beach to enter into a Federal Equitable Sharing Agreement with the Federal Government, The Department of the Treasury and the Department of Justice, which Agreement is attached hereto as Exhibit ~ A" Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of July, 1998. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ci~ty Clerk s: ca\R~PDFedera~ ~itable S~arin~ A~r % ~o~,~,,,-~ V~ce M~a.y/r / ~ 5 Comm ~~-"~ Commissioner FEDERAL EQUITABLE SHARING AGREEMENT' Agency: Bolrnton Beach Police Department Contact Person: . llaior J.P. CuaminlgS Address: 100 East Boynton Beach Blvd, Boynton Beach, FL 33435 (Street/City/State/Zip) Agency Eiscal Year Ends on: 09/30/98 (MonttVYear) NCIC Code: FL0500300 Bank Routing Code and Account Number for EFT Purposes: Telephone Number. (561) 375-6100 Fax Number (561) 375-6185 Check one: I~ Police Dept [] Shedff Dept [] Task Force [] Prosecutor's Office [] Other This Federal Equitable Shadng 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 ~hadng program and the rest. dctions upon the use of federally forfeited cash, property, proceeds, and any interest flamed thereon, which are equitably shared with participating agencies. By their signatures the parties agree tha1 with respect to all sharing requests, they will be bound by the guidelines that regulate shared asse. ts and ~t.~he following requirements for participation in the federal equitable sharing program. Submission Date. This agreement must be submitted to both the Department of the Treasury and the Department of Justice (at the addresses shown) in accordance with the instructions that are received frOm the respective departments or as outlined in their individual Guides. ExectrlJve Office for Asset Forfeiture U.S. Department of the Treasury Washington, DC 20220 Asset Forfeiture and Money Laundering Section Cdminal Division U.S. Department of Justice P.O. Box 27322 Washington, DC 20038 Signatories. This agreement must be signed by the head or designee of the law enforcement agency andthe authorized responsible official or designee of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the 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 all requests for a change in use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the address of the appropriate agency shown in item 1. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on §ie with the Department of Treasury and the Department of the Justice. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency, and fon~ard it to the appropriate Department.' A list of recipients, their addresses and th~ amount transferred should be attached to the Annual Certification Report. Boynton Beach lOO P,. ~jnton Be~.h Boule~ P.o. Box310 Boynton Beach, Florida 33425-0310 City Hagl: ($61) 375-6000 FAX: (561) 375-6090 July 16, 1998 Executive Office fOr Asset Forfeiture US Department of the Treasury Washington, D.C. RE: RESOLUTION #R98-119 - FEDERAL EQUITABLE SHARING AGREEMENT Dear Representative: Attached please find a copy of the above mentioned resolution and the original sharing agreements which was approved by the City Commission on July 7, 1998. If you have any questions pertaining to this, please do-not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Sue Kruse, CMC/AAE City Clerk C: Major'l; P. Cummings, (561) 375-6100 Asset Forfeiture and Money Laundering Section Criminal Division U.S. Dept. of Justice P.O. Box 27322' Washington, .DC 20038 j:~shrdata\cc\wp\general info~et forfeiture.doc Ameriea"~ GatewmJ to the Gulfstream