Exh 8EAGENDA ITEM #3E
NIAY 23, 2005
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Federal Equity Sharing Agreement
DATE: May 6, 2005
~~,,~~y~y
SUBMITTED BY: David E. Thothp§on, Chief of Police/DPS
BACKGROUND:
Please see the attached letter and Federal Equitable Sharing Agreement. This
paperwork is required for the Atlantic Beach Police Department to share in the assets
of federal forfeiture funds.
When the police department works with federal law enforcement agencies on cases,
and property is seized as a result of the investigations, then the federal agencies will
share the proceeds with Atlantic Beach. However, it is necessary for Atlantic Beach
to have a valid Federal Equitable Sharing Agreement on file with the federal
government.
The existing agreement will expire in September 2Q05. .
BUDGET: None
RECOMMENDATIONS: To authorize the Mayor to sign the Federal Equity Sharing
Agreement on behalf of the City of Atlantic Beach.
ATTAC)FIMENTS: Letter and Agreement from U.S. Department of Justice
REVIEWED BY CITY
AGF~DA ITEM NUMBER:
t
AGENDA ITEM #SE
U.S. Department of Justice MAY 33, 2005
,~
'~--fi Criminal Division
Washington, D.C. 20530
.. APR - 8 20Q5
Dear State and Local Law Enforcement Agency:
.. Your current Federal Equitable Sharing Agreement will expire this September. To allow
for your continued participation in the equitable sharing program, please complete the enclosed
" ' Federal Equitable Sharing Agreement. The new agreement is valid through September 30, 2008
.. and should be submitted by June 1, 2005.1 Since all incoming mail is sanitized and irradiated
prior to delivery, early submission of your Federal Equitable Sharing Agreement will ensure that
" ~ there is no lapse in your agency's compliance status.
• The Federal Annual Certification Report, also attached, is due 60 days after the close of
your agency's fiscal year. The signed certification report is valid for one year and must be
submitted each year, regardless of whether your agency received shared funds. Submission of
the Federal Equitable Sharing Agreement and Federal Annual Certif cation Report are
prerequisites to the distribution of equitably shared cash, proceeds, and property.
The Federal Equitable Sharing Agreement and Annual Certification Report must be
signed by the head of your law enforcement agency and the head of your governing body. The
Asset Forfeiture and Money Laundering Section receives numerous inquiries regarding who is
• .authorized to sign as the governing body head. For equitable sharing purposes, a governing body
is the person or entity that has legislative authority to approve your agency's annual budget.
Examples of governing body heads include city manager, mayor, city council chairperson, county
executive, county council chairperson, director, secretary, administrator, commissioner, and
governor, Law enforcement officials should not sign as the governing body head.
" ' If you need additional copies of the Federal Equitable Sharing Agreement or Federal
Annual Certification Report, the forms maybe downloaded from the Department of Justice
website at www.usdoj.oov/criminal/afmis.html. If your agency does not have Internet access,
please retain a blank copy of the enclosed forms for future use.
Any questions regarding reporting requirements and procedures maybe directed to Junior
Financial Analyst Lisa Trueblood at (202} 616-0702 or to the Law Enforcement Coordinating
Committee (LECC) Manager in your district's U.S. Attorney's Office.
1 If there is a change in administration at your agency or governing body, a new
agreement must be submitted.
AGENDA ITEI~~1 #SIr
MAY 23, 2005
-2-
In addition to forwarding the new Federal Equitable Sharing Agreement and Federal
Annual Certification Report, I want to inform you that the United States Marshals Service
(USMS) is changing the way it disburses equitable sharing funds. Rather than issuing Treasury
checks, USMS will disburse equitable sharing via Electronic Funds Transfer (EFT). This
transition will take approximately a year to complete and will be implemented one state at a time.
The USMS will send an Automated Clearing House Vendor Payment Enrollment Form to aII
program participants to collect the banking information needed to transmit equitable sharing
electronically. The completed enrollment form should be forwarded to Booth Management
Consulting, LLC. Questions regarding EFT maybe directed to the USMS at
E.Share.Help(c~usdoiQOV or (202} 307-9205.
Sincerely,
~ A
'chard Weber,VChVief
Asset Forfeiture and Money
Laundering Section
Enclosures
AGENDA ITEIVI #3E
' NIAY 23, 2UU5
DEPARTMENT OF THE TREASURY
DERUTY ASSISTANT SECRETARY FOR TERRORIST FINANCING
AND FINANCIAL CRIME
EXECUTIVE OFFICE FOR ASSET FORFEITURE TELEPHONE: (202) 622-9600
740 15TH ST. N.W., SUITE 700, WASHINGTON, D.C. 20220 FAX: (202) 622-9610
APR - 8 2QQ5
Dear State and Local Law Enforcement Agency:
The Departments of Treasury and Justice are again doing a joint mailing of the agreement
and certification forms as a means of reducing paperwork for your agency. The new "Valid
thru September 30, 2008" Federal Equitable Sharing Agreement and the revised Federal
Annual Certification Report are the same forms, which should be submitted to both
Treasury and Justice. Highlights of these reporting requirements are:
- The Federal Equitable Sharing Agreement shall be submitted every three years.
The enclosed agreement, which is due by October 1, 2005, will be effective through
. , September 30, 2008. The head of the law enforcement agency and the head of the
goveming body (or authorized representative) must sign the agreement. Anew
agreement should be submitted anytime there is a change in administration at the
head of the law enforcement agency or governing body level. Early submission of
your Federal Equitable Sharing Agreement will ensure that there is no lapse in your
agency's compliance status.
- The Federal Annual Certification Report is due no later than !?0 days after the close
of the requesting agency's fiscal year. The head of the taw enforcement agency and
the head of the goveming body (or authorized representative) must sign the
certification report. Anew participant is not required to submit a certification
report until shared cash, proceeds, or property is received.
Due to the high volume of paperwork that will be received during this renewal process,
please either mail or fax your farm. There is no need to do both.
Revised Guidelines: The Department of the Treasury Guide to Equitable Sharing for
Foreign Countries and Federal, State, and Local Law Enforcement Agencies was
revised April 2004. You may download copies of the revised Guide from our website
www.tress.gov/officeslenforcementlteoaf. Once on the site double-click on Guidelines.
> Electronic Funds Transfer: As of May 2004, the Department of Treasury no longer
issues payments via check. All Department of the Treasury payments will be made via
Automated Clearing House (ACH). Please download the enrollment form from our
website if you have not enrolled or if a change has occurred with your financial
institution information since you last filed your form. Forward the completed Treasury
Enrollment Form to the Indianapolis, Indiana address provided on the form. The
Department of Treasury and Justice do not share financial entities. The enrollment
process will be handled separately. Refer to the enclosed Department of Justice letter
for instructions regarding the Justice process.
AGENDA ITEM #3E
lY1AY 23, 200
- Paid: PAID is a system developed by the U.S. Department of the Treasury's Financial
Management System (FMS) to provide participating federal agencies a method of
making remittance information available to their vendors through the intemet. The
system is free of charge to registered vendors with intemet access. The Department
of the Treasury participates in this program. The type of information vendors can
obtain from PAID are limited to the following: date of payment, payment amount, and
invoice number. If your agency is interested in receiving information via the PAID
system, you must go to the website www. fms.treas.QOV/afc and fill out a registration
form.
The equitable sharing guidelines for Treasury and Justice are basically the same except
for our policy on the transfer of equitably shared money. Treasury does not allow state or
local law enforcement recipients to transfer shared cash to nonprofit community
organizations except in "windfall" situations. Justice has the 15 percent permissible use
policy and does not allow any transfer of cash. For more information on the Treasury
policy, refer to pages 25, 26 and 27 of the Treasury Guide to Equitable Sharing {April
2004).
Although you are receiving only one mailing of the forms, the Federal Equitable Sharing
Agreement and the Annual Certification Report must be submitted to both the Department
of the Treasury and the Department of Justice at the addresses listed below:
- U.S. Department of the Treasury
Executive Office for Asset Forteiture
740 15~' Street, NW
Suite 700
Washington, DC 20220
E-mail address:
www.treas.gov/offices/enforcementlteoaf
Or treas.acaCa?teoaf.treas.gov
Fax: (202) 622-9610
U.S. Department of Justice
Criminal Division
Asset Forfeiture and Money !_aundering Section
ACA Program
10`" and Constitution Avenue, NW
Bond Building, Tenth floor
Washington, DC 20530
E-mail address: www.afmis.aca@usdaj.gov
Fax: (202) 616-1344
The enclosed agreement and certification forms must be completed and returned by the
stated deadlines in order for your agency to remain in compliance with the equitable
sharing guidelines. These forms are also on our website along with other forms and
information about the Treasury asset forfeiture program.
Please contact Jackie Jackson or Kim Tyler at (202) 622-9600 should you have questions
regarding the reporting requirements.
Sincerely,
.. Eric E. Hampl
Enclosure Acting Director
AGENDA ITiJM #3E
' NIAY 23, 2005
•, ~ ~:
Federal Equitable Sharing Agreemen# ~-,.~
`•• ~`°~"°"'~ VALID THRU SEPTEMBER 30, 2008 •
~'~ ._ _.
Law Enforcement Agency: Q Check if New Participant
Q Police Departmrnt Q Sheriff s OfficdDepartment Q Task Force tuucn i~c otmrn~n) Q Prosecutor's Office Q Other
• Contact Person: E-mail Address:
Mailing Address:
(Street) (City) (State} (Zip Code)
Telephone Number: (__) Fax Number: (__)
Agency Fiscal Year Ends on: NCICIORIRracking No.:
(MonthfDay)
This Federal Equitabie Sharing Agreement entered into among (1) the Federal Government, (2) the above-stated Iaw 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. Bytheir 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 SharingAgreementandtheFederalAnnualCeriificationReportmustbesubmittedtoboth
the Department 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 Iocated, in accordance with the instructions received from the respective departments or
as outlined in their equitable sharing guidelines.
i
Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture
U.S. Department of Justice U.S. Department of the Treasury
10th and Constitution Avenue, NW .740 1Sth Street, NW
Bond Building, 10``' Floor Suite 700
' Washington, DC 20530 Washington, DC 20220
Fax: (202) 616-1344 Fax: (202) 622-9610
E-mail address: afmis.aca(a~usdoi.aov E-mail address: treas.aca(u?teoaf.treas.2ov
2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body.
. Examples of law 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, property, or proceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govctn
equitable sharing and as specified 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 Jusrice and the Department of the Treasury. If there is no agreement on file, the undersigned
la~v 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 and the amount transferred must be attached to the Federal Annual
Certification Report.
April 2005
r1G1:NDA ITl:iti'1 #8E
Iti1AY 23, 2005
5. Internal Controls. The parties agree 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 cotnmingled
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 ofJustice'sA 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.
fi. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report io 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.
7. Audit Report. Audio 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.
. . 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?
Q Yes Q No (If you answered yes, attach relevant infotmarion. Sec instructions.)
8b. Are there pending in a federal orstate court, or before anyfederal orstate administrative agency, proceedings
against your agency alleging discrimination?
Q Yes Q No (If you answered yes, attach relevant information./See instructions.)
The undersigned certify that the recipient agency is incompliance with the nondiscrimination requirements ofthe following
laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964
- ~ (42 U.S.C. § 20004 et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 etseq.), 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 federaliy 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.
Name (Print or Type) Date
Law Enfarcemcnt Agency Hcad
Name {Print or Type) Date
Governing Body Head
Signature:
. Tige:
Signature:
Title;
This form is subject to the Freedom of Information Act and may be released under 5 U.S.C. § SS2.
- See wwty,vsdoi.eov/criminallafmis.html or ww.r.trcas.er'v/offices/en Porcemendteoaf foradditional forms.
Apri12005