HomeMy WebLinkAbout2014 Ordinance No. 006►
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ORDINANCE NO. ¥,)
SERIES OF 2014
BY AUIHORITY
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUIHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "EQUITABLE SHARING AGREEMENT AND CERTIFICATION" BETWEEN
THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF
TREASURY AND THE CITY OF ENGLEWOOD, COLORADO ACCEPTING FORFEITURE
MONIES DURING FISCAL YEARS 2014, 2015, 2016 AND 2017.
WHEREAS, this Agreement sets forth the requirements for participation in the federal
equitable sharing program and the restrictions upon the use of the federally forfeited cash,
property, proceeds and any interest earned thereon. which are equitably shared with participating
law enforcement agencies; and
WHEREAS, Englewood periodically receives monies from the Justice Department and
Treasury Department for participation or assistance provided to these agencies such as the
Internal Revenue Service (IRS), Drug Enforcement Agency (DEA) and the Federal Bureau of
Investigation (FBI); and
WHEREAS, these funds are used for law-enforcement purposes, such as equipment purchases
and training; and
WHEREAS, to participate in the program, the City annually signs the Equitable Sharing
Agreement and Certification; and
WHEREAS, the City places this money into designated accounts and tracks deposits,
expenditures and interest on these accounts; and
WHEREAS, within 60 days of the City's fiscal year-end the Equitable Sharing Agreement
and Certification is signed and submitted to the federal government certifying compliance with
federal forfeiture guidelines; and
WHEREAS, the Englewood City Council authorized an IGA for Federal Equitable Sharing
Agreement and Certification" for the fiscal years of 20 l 0, 2011, 2012 and 2013 by the passage of
Ordinance No. 17, Series of2012; and
WHEREAS, authorization of this Agreement is required for the City of Englewood's
continuation of participation in the United States Department of Justice Federal Equitable
Sharing and Certification Program and will authorize the City's participation in this program for
2014, 2015, 2016 and 2017; and
WHEREAS, federal funds are being used for these projects.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
"Equitable Sharing Agreement and Certification" between the United States Department of
Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to
the disbursement, with restrictions, of federally seized or forfeited cash or other property for
2014, which will be received in February 2015, attached hereto as "Exhibit A".
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the
"Federal Equitable Sharing Agreement and Certification" between the United States Department
of Justice, United States Department of Treasury and the City of Englewood, Colorado
pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other
property for 2015, which will be received in February 2016.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the
"Federal Equitable Sharing Agreement and Certification" between the United States Department
of Justice, United States Department of Treasury and the City of Englewood, Colorado
pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other
property for 2016, which will be received in February 2017.
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes the
"Federal Equitable Sharing Agreement and Certificat ion" between the United States Department
of Justice, United States Department of Treasury and the City of Englewood, Colorado
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pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other •
property for 2017, which will be received in February 2018.
Section 5. The federal forfeiture funds, proceeds and o r prope rty are received from the
Depanment of Justice and Treasury Department. The federal forfeiture funds, proceeds and or
property are to be used in accordance with federal statutes and guidelines. The costs to the City are
limited to the costs of processing and accounting of the funds, which c osts are budgeted annually in
the Police budget.
Section 6 . The City Manager is hereby authorized to sign said Intergovernmental Agreement
between the United States Department of Justice and the City of Englewood, Colorado pertaining
to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on
behalf of the City of Englewood for 2014.
Section 7. The City Manager is hereby authorized to sign said Intergovernmental Agreement
between the United States Department of Justice and the City of Englewood, Colorado pertaining
to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on
behalf of the City of Englewood for 2015.
Section 8. The City Manager is hereby authorized to sign said Intergovernmental Agreement
between the United States Department of Justice and the City of Englewood, Colorado pertaining
to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on
behalf of the City of Englewood for 2016.
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• Section 9. The City Manager is hereby authorized to sign said Intergovernmental Agreement
between the United States Department of Justice and the City of Englewood, Colorado pertaining
to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on
behalf of the City of Englewood for 2017.
Introduced, read in full, and passed on first reading on the 3rd day of February, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
February, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 5111 day of
February, 2014 for thirty (30) days.
Read by title and passed on fmal reading on the 18th day of February, 2014.
Published by title in the City's official newspaper as Ordinance No.~ Series of 2014, on
the 21 st day of February, 2014.
Published by title on the City's official website beginning on the 19th day of
February, 2014 for thirty (30) days.
dy P. Penn, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2014.
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Equitable Sharing
Agreement and
Certification
0MB Number 1123-0011
Expires 9-30-2014
O Police Department O Sheriff's Office O Task Force (Complete Table A)
O Prosecutor's Office O National Guard Counterdrug Unit O Other
• Please fill each required field. Hover mouse over any fillable field for pop-up Instructions. •
Agency Name: -----;:::::;:::::;::==:;::::::::;::::::::;:::=:::;:=:::;:=------------
NC IC/OR I/Trac kl n g Number: .... I___.__.___.___.___.____.__.__.,___,
Mailing Address: -----------------------------
City: State: ----------------------Zip: ------
Finance Contact: First: Last: -------------Phone: E-mail: ------------------------
Preparer: First: Last: -------------------------□ Same as h ail FlnanceContact P one: E-m · : ------------------------
Independent Public Accountant: E-mail: ------------------
La st FY End Date: Agency Current FY Budget: ----------
Q New Participant: Read the Equitable Sharing Agreement and sign the Affidavit.
0 Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement, and sign
the Affidavit.
Q Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement, and sign
the Affidavit
Annual Certification Report
Summary of Equitable Sharing Adlvity Justice Funds' Treasury Funds2
1 Beginning Equitable Sharing Fund Balance (must match
Ending Equitable Sharing Fund Balance from prior FY)
2 Federal Sharing Funds Received
3 Federal Sharing Funds Received from Other Law Enforcement
Agencies and Task Forces (To populate, complete Table B)
4 Other Income
5 Interest Income Accrued Non-Interest Bearing O
Interest Bearing 0
6 Total Equitable Sharing Funds (total of lines 1 -5) $0.00 $0.00
7 Federal Sharing Funds Spent (total of lines a -m below) $0.00 $0.00
8 Ending Balance (difference between line 7 and line 6) $0.00 $0.00
1 Justice Agencies are: FBI, DEA. ATF, USPIS, USDA. DCIS, DSS, and FDA.
2 Treasury Agencies are: IRS, ICE, CBP, TTB, USSS, and USCG.
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B
I
T
A
Summary of Shared Funds Spent
a Total spent on salaries under permitted salary exceptions
b Total spent on overtime
c Total spent on Informants, 'buy money•, and rewards
d Total spent on travel and training
e Total spent on communications and computers
f Total spent on weapons and protective gear
g Total spent on electronic surveillance equipment
h Total spent on buildings and Improvements
Total transfers to other participating state and local law
enforcement agencies (To populate, complete Table O
Total spent on other law enforcement expenses (To populate,
complete Table D)
k Total Expenditures In Support of Community-Based Programs
(To populate, complete Table E)
Total Windfall Transfers (To populate, complete Table F)
Total spent on matching grants (To populate, complete
m TableG)
n Tota l
Justice Funds Treasury Funds
, .. , -.-. ----. ----
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$0.00 $0.00
o Did your agency receive non<ash assets? O Yes O No If yes, complete Table H.
Please fill out the following tables, if applicable.
Table A: Members of Task Force
Agency Name
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name, City, and State
Agency Name: I
NCIC/ORI/Tracklng Number. I I I I I I I I
Table C Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State
Agency Name: I
NCIC/ORI/Tracklng Number. I I I I I I I I
I
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I
I
NCIC/ORI/Tracklng Number
Justice Funds Treasury Funds ID D
Justice Funds Treasury Funds ID D
October 2012
Version 2.1
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Table D: Other Law Enforcement Expenses
Description of Expense
Table E: Expenditures In Support of Community-Based Programs
Recipient
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Table F: Windfall Transfers
Recipient
Table G: Matching Grants
Matching Grant Name
Table H: Other Non<ash Assets Received
Source Description of Asset I Justke O I
~reasury 0
Table I: Civil Rights Cases
Name of Case
Justice Funds Treasury Funds
11 111 11
Justice Funds
11 I
Justice Funds Treasury Funds
11 111 11
Justice Funds Treasury Funds
11 111 11
Type of Discrimination Alleged
□Race □Color D National I □ G d Origin en er
D Disability □Age D Other
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information
unless it displays a valid 0MB control number. We try to create accurate and easily understood forms
that impose the least possible burden on you to complete. The estimated average time to complete this
form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for
making this form simpler, please write to the Asset Forfeiture and Money Laundering Section,
1400 New York Avenue, N.W., Washington, DC 20005.
Page3of5 October2012
Version 2.1
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered Into among (1) the Federal Government, (2) the above-stated law
enforcement agency (" 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 Its signatures, the Agency agrees that It will be bound by the statutes and guidelines that regulate shared assets
and the following requirements for participation In the federal Equitable Sharing Program. Receipt of the signed
Equitable Sharing Agreement and Certification (this "Document') Is a prerequisite to receiving any equitably shared
cash, property, or proceeds.
1. Submission. This Document must be submitted to aca.submlt@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax.
This will constitute submission to the Department of Justice and the Department of the Treasury.
2. Signatories, This agreement must be signed by the head of the Agency and the head of the governing body.
Examples of 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. The governing body's head Is the person who allocates funds or
approves the budget for the Agency. Examples of governing body heads Include city manager, mayor, city council
chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and
governor.
3. Uses. Any shared asset shall be used for law enforcement purposes In accordance with the statutes and guidelines
that govern the federal Equitable Sharing Program as set forth In the current edition of the Department of Justice's
Gulde to Equitable Sharing for State and Local Law Enforcement (Justice Gulde), and t he Department of the Treasury's A
Gulde to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury •
Gulde).
4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement
agencies, It must first verify with the Department of Justice or the Department of the Treasury, depending on the
source of the funds, that the receiving agency Is a current and compliant Equitable Sharing Program participant.
5. Internal Controls. The Agency agrees 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 commingled with federal equitable sharing funds. The 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 equitable sharing account.
The Agency agrees that such accounting will be subject to the standard accounting requirements and practices
employed for other public funds as supplemented by requirements set forth In the current edition of the Justice Guide
and the Treasury Gulde, Including the requirement In the Justice Gulde to maintain relevant documents and records for
five years.
The misuse or misapplication of shared resources or the supplantatlon 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/property.
6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 an d 0MB
Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic
random audits.
Page4of 5 October 2012
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You atlust enter the name of the Go"~rning Body Head on page 5.
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You ~ust enter the e-mail address 0~
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on pages.
Subscribe to Equitable Sharing Wire: I
The Equitable Sharing Wire Is an electronic newsletter that
gives you Important. substantive, Information regarding I=• ======--======-======-=c
Equitable Sharing polldes, practices, and procedures.
Final Instructions:
Step 1: Click to save for your records
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FOR AGENCY USE ONLY
Entered by ___ _
Entered on ___ _ 1111111111
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Step 3: E-mail the XML file to aca.submit@usdoj.gov
Step 4: Fax THIS SIGNED PAGEONLYto (202) 616-1344
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Date Printed: January 16, 2014 09:33
Agency: Phone:
State: Finance Contact:
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October 2012
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COUNCIL COMMUNICATION
C Date: Agenda Item: Subject:
February 3, 2014 9 a i LG.A. re: Federal Equitable Sharing
Agreement and Certification
Initiated By: Staff Source:
Police Department Jeff Sanchez, Deputy Chief of Police
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Federal Equitable Sharing Program allows us to receive funds from the Federal government on a yearly
basis. Our participation in this program contributes to the City's goals of a safe, clean, healthy, and attractive
City and a progressive City that provides responsive and cost efficient services. City Council had previously
approved the Federal Equitable Sharing Program for 2010, 2011, 2012 and 2013.
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing an
Intergovernmental Agreement allowing the Englewood Police Department to accept forfeiture m_onies from
the Department of Justice and the Department of the Treasury by completing the Federal "Equitable Sharing
Agreement and Certification" form. This request is for fiscal years 2014, 2015, 2016, and 201 7.
-BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIF.IED
The Englewood Police Department periodically receives Federal forfeiture monies from the Justice and
Treasury Departments for our participation or assistance provided to these agencies such as the Internal
Revenue Service (IRS), Drug Enforcement Agency (DEA) and Federal Bureau of Investigation (FBI). These
funds are used for law-enforcement purposes, such as equipment purchases and training. As part of our
participation, we are required to sign a Federal Equitable Sharing Agreement and Certification that 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, including the Englewood Police Department.
The City of Englewood's Finance Department places this money into designated accounts and tracks
deposits, expenditures, and interest on these accounts. Upon year-end, the Chief of Police and Mayor sign
the Equitable Sharing Agreement and Certification, which is then submitted to the Federal Government
certifying compliance with federal forfeiture guidelines. This must be done within 60 days of the end of the
City's fiscal year.
FINANCIAL IMPACT
Federal forfeiture funds are deposited into the Police Donor's Fund and are used to pay for police-related
equipment and training which would otherwise require City funding.
LIST OF ATTACHMENTS
-Bill for an ordinance