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Res No 066-11-13380RESOLUTION NO. 66-11-13380 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of expense line item 615 -1910 -521 -5210 (Federal Forfeiture Supplies) in the amount of $3800, line item 615- 1910 -521 -5205 (Federal Forfeiture Computer Equipment) in the amount of $16,935.00, line item 615- 1910 -521 -5220 (Federal Forfeiture Uniforms) in the amount of $10,000.00, line item 615- 1 910 -S21 -4970 (Federal Forfeiture Employee Testing) in the amount of $6,000.00, and line item 61S- 1910 -S21 -6440 (Federal Forfeiture Vehicles) in the amount of $5,595.00, due to the obtained and received confiscated revenues of $80,11 S.00 in FY 2011 and appropriate a total of $42,330.00, providing for an effective date. WHEREAS, the Police Department is required to maintain station security in order to maintain homeland security, enforce the laws of the State of Florida, provide for the employees' and public's safety, and provide for security of city property, thereby making our community safer, and WHEREAS, The Key Trak system provides security and documentation for key security and control, as well as verifying which employee may have a missing key, thereby negating the necessity and expense of re- keying doors, and WHEREAS, The Police Department is increasing its Reserve Officer Program by an additional 12 Officers, who will provide staffing at no salary cost to the Department, and mandatory testing required by the Florida Department of Law Enforcement must be completed and, WHEREAS, the Police Department will partially equip these officers for uniformity and security purposes and, WHEREAS, the Department has a clear and compelling interest in recognizing employee excellence and rewarding such with handsome plaques and keepsakes and for public recognition, and WHEREAS, the Department has a clear and compelling interest in recognizing local businesses' generosity and support of our programs and enterprises with monetary contributions, and rewarding such with handsome plaques and keepsakes and for public recognition, and WHEREAS, the Department has a clear and compelling interest in keeping the public safe when driving in emergency mode with lights and sirens, and new technology has been developed to attract attention using low frequency sirens in addition to the older high frequency sirens, and WHEREAS, these items are necessary for the operation of the Police Department. Res. No. 66 -11 -13380 Now, therefore, be it Resolved by the Mayor and City Commission of the City of South Miami, Florida: Section 1. The City Manager is authorized to increase appropriations for expenditure account 615 -1910- 521 -5210 (Federal Forfeiture Supplies), in the amount of $3,800, line item 615 - 1910 -521 -5205, (Federal Forfeiture Computer Equipment), in the amount of $16,935.00, line item 615- 1910 -521 -5220 (Federal Forfeiture Uniforms), in the amount of $10,000, line item 615 -1910 -521 -4970 (Federal Forfeiture Employee Testing) in the amount of $6,000.00, and line item 615 - 1910 -521 -6440 (Federal Forfeiture Vehicles) in the amount of $5,595.00, due to obtained and received confiscated revenue of $80,115.00 in fiscal year 2011 from the Federal Forfeiture Fund, providing for an effective date. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 19th day of April, 2011. ATTEST: CITY CLERK Ke7 7'% APPROVED: MAYOR COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Beasley Yea Commissioner Palmer: absent Commissioner Harris: Yea N CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM South Miami hftd M -An edcaft 2001 To: The Honorable Mayor and Members of the City Commission From: Hector Mirabile, PhD, City Manager Date: April, 8, 2011 it gender Item f# Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of expense line item 615- 1910-521-5210 (Federal Forfeiture Supplies) in the amount of $3,800.00, line item 615- 1910 -521- 5205 (Federal Forfeiture Computer Equipment) in the amount of $16,935.00, line item 615 -1910. 521 -5220 (Federal Forfeiture Uniforms) in the amount of $10,000.00,' line item 615 -1910- 521 -4970 (Federal Forfeiture Employee Testing) in the amount of $6,000.00, and line item 615- 1910. 521 -6440 (Federal Forfeiture Vehicles) in the amount of $5,595.00, due to the obtained and received confiscated revenue of $80,115-00 in FY 2011 and appropriate a total of $42,330.00, providing for an effective date. Background: The Police Department is required to maintain station security in order to provide for the employees and public's safety and provide for security of city property. The Key Trak system provides security and documentation for key security and control, as well as verifying which employee may possess a missing key, thereby negating the necessity and expense of re- keying doors. The Police Department is increasing its Reserve Officer Program by an additional 12 officers, who will provide staffing at no salary cost to the Department. In order to process the Reserve officers according to FDLE mandates; testing and background investigations are required and must be completed. The Police Department will also partially equip these officers for uniformity and security purposes. The Police Department has a clear and compelling interest in recognizing the generosity of the local businesses that support our programs with monetary contributions and rewarding such with plaques and keepsakes for public recognition. The Police Department has a clear and compelling interest in keeping the public safe when driving in emergency mode with lights and sirens, and new technology has been developed to attract attention using low frequency sirens in addition to the older high frequency sirens. Expense: $42,330.00 Account: The funds are budgeted in account number 615 -1910 -521 -5210 (Federal Forfeiture Supplies), in the amount of $3,800.00, account number 615 - 1910 -521 -5205 (Federal Forfeiture Computer Equipment), in the amount of $16,935.00, account number 615 -1910- 521 -5220 (Federal Forfeiture Uniforms), in the amount $10,000.00, and account number 615- 1910 -521 -6440 (Federal Forfeiture Vehicles), in the amount of $5,595.00 of the Federal Forfeiture Fund with a current balance of $80,115.00. Attachments: 0 Proposed Resolution 0 Key Trak quote and sole source letter 0 Quote from Dana Safety Supply (DSS) March 18, 2011 To Whom It May Concern Thank you for your interest in KeyTrak and our computerized key management system. Whether you seek to prevent theft and misuse of keys; reduce insurance premiums, or track inventory, KeyTrak can help you reach each of your objectives. KeyTrak is the world's leader in providing key control and asset management systems. KeyTrak offers key and asset management systems that provide a verifiable audit trail with multiple reporting options enabling you to: Increase productivity ® Save money & time Protect your assets. KeyTrak is a direct sales company, we do not utilize resellers or distributors. All sales, installation and support is provided by KeyTrak employees and therefore KEYTRAK IS A SOLE SOURCE PROVIDER for all KeyTrak and KeyTrak Guardian systems and peripherals. KeyTrak is unique In the fact that we are a "one -stop shop "; providing the convenience to our clients that we not only manufacture our industry leading systems, but we also design, engineer and customize solutions to fit your unique needs. Installation is provided by company employees; as is all training, service and support needs. No other company in our industry can offer such service, which is most likely the reason behind KeyTrak being the only provider that has been awarded a GSA contract. Should you have any questions comments or concerns, please do not hesitate to contact me directly at (407) 832 -2929, 1 appreciate your time and consideration and look forward to serving you in the near future. Warmest regards, Mobile: 407.832.2929 dclark @keytrak.com dclark @keytrak,com KeyTrak. Inc. 200 Quality Circle, College Station, TX 77845 www.KeyTrak.com KeyTrak, Inc. 200 Quality Circle College Station, TX 77845 (888) KEYTRAK (539 -8725) FAX (937) 4854040 Derek Clark - Derek Clark Michael Weissberg - - dclarkea keytrak com +1 1 (305) 663 6352 +l (407) 832 -2929 DacrumTrnx I CODE I OTY UNIT PRI Cd EXTENDED PRICE Guardian Additional 40 KP -40 Panel GRDAP40 2 $4,025.00 $8,050.00 Includes Drywall mounting kit, 50 Keys x 1.25 D rings, and Crimping tools One Year Software Support - 24 Hours a day, 365 Days a year One Year Onsite repair during normal business hours Guardian Auto Rprt Generator w /sys pur GARGWSP 1 $250.00 $250.00 Enables scheduling of automated printed and emailed reports WITH SYSTEM PURCHASE ONLY Guardian Smart Panel Plus w /40(40) grdspp40 1 $7,752.00 $7,752.00 Includes 15" Touch screen monitor, Fingerprint ID, Motion Sensing Security Camera, Drywall mounting kit, 50 Keys x 1.25 D rings, Crimping tools, and Guardian Software License. One Year Solhvare Support - 24 Hours a day, 365 Days a year One Year Onsite repair during normal business hours Guardian WEB Plus gwebplus 1 $483.00 $483.00 Site License Fee for Key'frak Host One Year Sofhvare Support - 24 Hours a day, 365 Days a year One Year Onsite repair during normal business hours Pagel of2 Rev. 40307 Supplier Identification: Federal Tax ID: GSA Contract: GSA Expiration: DUNS Number: CAGE Code: Payment Address: KeyTrak, Inc. P.O. Box 4346 Dept. 663 Houston, TX 77210 -4346 1 (713) 718 -1800 20- 1965421 GS- 07F -9926H March 31, 2013 105723915 IA9E8 One Year Software Telephone One Year Hardware Support- Repair by Rep] Page 2 of 2 Shipping F.O.B. E Total Expenditure for 1 Included I Included $16,535.0( If applicable - Sales Tax must be included with payment. Authorized Signature of KeyTrak, Inc. Date Rev. 40307 DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800-845-0045 ag - r CITY OF SOUTH MIAMI P.D. DO NOT MAIL INVOICE ON ONE INVOICE Fl, 33143 Telephone: 305-663-6309 Contact: DAN SALERNO ME 9MME"IN 11 W , 74431 Mir F SOUTHMIAM IM 'ij: jo jji:R UNION- F CITY OF SOUTH MIAMI P.D. C/O DANA SAFETY SUPPLY FL 33126 Telephone: 305-663-6309 Contact: DAN SALERNO --A' g"g, . . UPS OROUND Oft TRUCK PPAY Re ADD To Net 30 DANNY LEON 03/03/11 LT SALERNO 305-663-6309 Mir F UofM:EACH 384.4500 3,844.50 WEC LOW FREQUENCY TONE SIREN W/ 2 SPEAKERS Warehouse: MIAM SPECIFY MOUNTING BRACKETS TO BE INCLUDED WIT TITHE SIREN: P/N # ... . ......... &g RAW pi 03/03/11 n k5 0.00 0M 12:56:24 PM nb 6 3,844.50 0.00 -0110; - ow 3,844.50 Panted By: DANNY LEON "I � m-0 3,844.50 — vut- created with pdfFaciory iriai version DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Telephone: 800- 845 -0045 CITY OF SOUTH MIAMI P.D. DO NOT MAIL INVOICE ON ONE INVOICE FL 33143 Telephone: 305-663-6309 contact. DAN SALERNO I Sags 4rdge ff 7449gAM 8 I' _ 0 THMIAM THN S IJI UPS GROUND ORTRUCK wmm 7 HIN EM-2-04 i �� CITY OF SOUTH MIAMI P.D. CIO DANA SAFETY SUPPLY FL 33126 Telephone: 305-663-6309 Contact: DAN SALERNO PDF created with pdtFactory trial version V�Lvw. �crraggr .gum UPS GROUND ORTRUCK PPAY & ADD TO Net 3 0 DANNY LEON -S mg 03104/11 LT. SALERNO 305-663-6309 M- � U I INSTALL UofM:EACH 175,0000 1,750.00 to 10 N DANA INSTALLATION OF VEHICLE EQUIPMENT Warehouse: INSTM INSTALLATION OF HOWLERSPEAKER SYSTEM TO EXISTING SIRENS AT DSS MIAMI 03/04/11 31d 0.00 fffiffl 01.,42:36 PM 1,750.00 0.00 R 1,750.00 Printed By: DANNY LEON m 1,750.00 PDF created with pdtFactory trial version V�Lvw. �crraggr .gum Howler is not a replacement to the vehicle's primary siren; Howler adds a minimum eight second penetrating burst of low frequency siren sound for use in heavy traffic, intersections or other high ambient noise conditions. FEATURES The Howler is an add -on to any 100 -200 watt warning siren such as the Whalen 295SL Series. Works with most Siren Amplifiers. includes two speakers for use with Howler amplifier only. Works with any sweeping tone, plus Hi /Low and elec- tronic mechanical tone gener- ated by the primary siren. Form# 61QWtl909 • The Howler low- frequency tones are synchronous with your primary siren, tones to penetrate high noise, high traffic situations. • The Howler Siren Amplifier, module uses the primary siren speaker output wires and divides the frequency down to one of three frequency bands via dip switch. Selections are 1/4 tone, 1/2 tone or a com- posite of 1/4 and 1/2 tones. • Lower frequency reverberating tones are better able to pen- etrate other vehicles, alerting drivers to the presence of the oncoming emergency vehicle. lid Push on /push off button acti- vates /deactivates the siren, allowing radio transmission to the vehicle without waiting for the unit to time out. Built -in timer limits over- exposure time to operator. Operators are advised to wear approved hearing protection. • Two separate external cancel controls, standard. A positive or negative activation will cancel tone. • Select tone duration and tone style via easy Scan - Lock' feature and LED indicator (selection of 8 different tone durations: 8 -60 seconds maxi- mum). IM Size, $ eaker without bracket: 7 -1/4" (184mm) Dia. x 9" (229mm) L. Weight: 8 lbs. (3.63kg). Size, Amplifier: 2 -1/4" (54mm) H x 5" (127mm) D x 4 -314" (120mm) L. MODEL HOWLER: Siren amplifier with two speakers, unless mounted otherwise. Mounting Brackets for 2008 -09 vehicles Sca - Buttony Rear View of Amplifier Selecting tone duration and style is easy. Three LEDs located on the rear of the Howler amplifier provide a visual indication of the currently selected tone style during the configuration process. 1 2 3 Using the Scan - Lock ' button, cycle through the three different tone styles. iteo indicators) The currently selected style and tone can be identified by these LED indicators. LED1 LED2 LED$ TONE STYLE On Off Off 1/4 Primary siren tone frequency (default) Off On Off 1/2 Primary siren tone frequency On On Off 1/4 & 112 Primary siren tone frequency LED1 LED2, LED3 TONE DURATION Off Off Off 7.5 Seconds (default) On Off Off 15 Seconds Off On Off 22.5 Seconds On On Off 30 Seconds Off Off On 37.5 Seconds On Off On 45 Seconds Off On On 52.5 Seconds On jOn jOn 60Seconds oouow .�rw of speaker whean Engineering 51 Winthrop Road reserves the right Chester, Connecticut 06412 -0684 to upgrade and (860) 526 -9504 • Fax: (860) 526 -4078 fmpreveprcducts MADE IN THE U.S.O. without notice. ENGINEERING COMPANY, INC. www.whelen.com 92A08 W�mJm Erylremhg Co.lw. 191 4 V.6�4. tide Rh 121TFU-0906 Whelen Howler Siren and Speaker System My A"'w G,ew Stows 'Wih'uais V�. San "V, or G'satsan aeuum rADAMSON INDUSTRIES CORP,- Page I of 2 seed! Advanced Search I Search Tips Fire Amber l PU}ahe Woos, Recreational l QfhRoad Funeral Vehicle Motoncl. Equipment .. m Ho About Us statlatlonRenair services Pardumccoaiog. News &Event.. support contact Us. Photo Gallery tiotng 'Sire9s?e.S ➢_eake5s Whmmi Hower Siren and Speaker System Horde §!tens &Spaakets sepals Wnelen Hooker Siren and Speaker System Home FIRF pEPARTMENI PRQDQCT_s, 'AOema Howler Siren and Speaker System Whalen Bowler Siren and Speaker System Price; 6419.95 Q share rA ts: _ Product Dosnviption Howler is not a replacement to the vehicle's primary siren; Howler adds a minimum eight second penetrating burst of tow frequency siren sound for use in heavy traffic, intersections or other high ambient noise conditions. • The Howler is an add -on to any 100.200 watt warning siren such as the Whalen 295SL:Series, Works with most Siren Amplifiers. Includes two speakers for use with Howler amplifier only. • Works with any sweeping tone, plus Hi /Low and electronic mechanical tone generated by the primary siren. • The Howler low - frequency tones are synchronous with your primary siren tones to penetrate high noise. high traffic situations. • The Howler Siren Amplifier module uses the primary siren speaker output wires and divides the frequency down to one of three frequency bands via dip switch. Selections are 114 tone, 112 tone or a composite of 1/4 and 112 tones. • Lower frequency reverberating tones are better able to penetrate other vehicles, alerting drivers to the presence of the oncoming emergency. vehicle. • Push on /push off button activates/ deactivates the siren, allowing radio transmission to the vehicle without waiting for the unit to time out. • Built -in . timer limits overexposure time to operator. Operators are advised to wear approved hearing protection. • Two separate external cancel controls, standard. A positive or negative activation will cancel tone. • Select tone duration and tone style vie easy Scan- LeckTv feature and LED indicator. (selection of 8 different tone durations: 8-80 seconds maximum) SPECIFICATIONS • Size,. Speaker without bracket: 7 -1X (184mm) Did. x 9" (229mm) L. • Weight; 8lbs. 0.68kg). • Size, Amplifier, 2- 44 "(54mm) H 5" (127mm) D x4 -3/4" (120mm) L. AddtrtWish List Click the brain" bel. to add the M.I. Heber Siren and Speaker System to your wish list A9n TOPnSIUST' Related Products whale. WaIS Siren Speaker 311495" wIF!1_ Fedora] seal unitrol Siren PA System Under"., Met Warning Lght enc.a. Y"", n.,,. i sing Whets. 2ML Series nmehomc Siren AmpiifierMai 17 Sean• Lack Siren TOess sTro1w a.r.;'•= Federal Signal 6P100 $269195 1 1 41 Federal Signal SPIO Siren Speaker Manor Kim You Rtwenlf yVkwett..: FedamtSignal A5124 Speaker $99.95 MATO Part http,: / /www.adamsonindustries.com /products / Whelen- Howler- Siren - and - Speaker - System.html 4/8/2011 16 r Guide to Equitable Sharing VIII. What Are the Uses of Equitably Shared Property? A. Law enforcement uses Except as noted in this Guide, equitably shared funds shall be used by law enforcement agencies for law enforcement purposes only. Subject to laws, rules, regulations, and orders of the state or local juris- diction governing the use of public funds available for law enforcement purposes, the expenses noted below are pre - approved as permissible uses of shared funds and property. To avoid a conflict of interest or the appearance of a conflict of interest, any employee of any federal, state, or local governmental agency (or members of his or her immediate family or those residing in his or her household) who was involved in the investigation which led to the forfeiture of the prop- erty to be sold by the USMS contractor is prohibited from purchasing, either directly or indirectly, forfeited property. Additionally, Department of Justice employees and contractors may not, without prior written approval of a designated agency official, directly or indirectly purchase property that has been forfeited to the United States; or personally use such property that has been directly or indirectly purchased from the United States by a member of his or her immediate family. The fact that shared property was forfeited as a result of a particular federal violation does not limit its use. For example, when an agency receives a share of property that was forfeited for a federal drug violation, the recipient is not limited in its use of the property in the recipient agency's drug enforce- ment program. Among the following uses, priority should be given to supporting community policing activities, training, and law enforcement operations: 1. Permissible uses a. Law enforcement investigations —the support of investigations and operations that may result in furthering the law enforcement goals and mission, e.g., payment of overtime for officers and investigators; payments to informants; "buy," "flash," or reward money; and the purchase of evidence. b. Law enforcement training —the training of officers, investigators, prosecutors, and law enforcement support personnel in any area that is necessary to perform official law enforcement duties. Priority consideration should be given to training in: (1) asset forfeiture in general (statutory requirements, policies, procedures, case law); (2) the Fourth Amendment (search and seizure, probable cause, drafting affidavits, confidential informant reliability); (3) ethics and the National Code of Professional Conduct for Asset Forfeiture,16 (4) due process; (5) protecting the rights of innocent third parties (individuals and lienholders); (6) use of computers and other equipment in support of law enforcement duties; and (7) this Guide. c. Law enforcement and detention facilities —the costs associated with the purchase, lease, construction, expansion, improvement, or operation of law enforcement or detention facilities used or managed by the recipient agency. For example, the costs of leasing, 16 See Appendix B for a copy of the National Code of Professional Conduct for Asset Forfeiture. Guide to Equitable Sheering n17 operating, and furnishing an off -site undercover narcotics facility is a permissible use of shared funds. Capital improvements should not be made on leased property or space since the law enforcement agency will not benefit from the improvements upon termination of the lease; improvement costs are generally covered in the terms of the tease. Approval from AFMLS is required prior to making such capital expenditures. d. Law enforcement equipment —the costs associated with the purchase, lease, maintenance, or operation of law enforcement equipment for use by law enforcement personnel that supports law enforcement activities. For example, furniture, file cabinets; office supplies, telecommunications equipment, copiers, safes, fitness equipment computers, computer accessories and software, body armor, uniforms, firearms, radios, cellular telephones; electronic surveillance equipment and vehicles (e.g., patrol cars and surveillance vehicles). e. Law enforcement travel and transportation —the costs associated with travel and transportation to perform or in support of law enforcement duties and activities. All related costs must be in accordance with the agency's state per diem and must not create the appearance of extravagance or impropriety. f. Law enforcement awards and memorials" -the cost of award plaques and certificates for law enforcement personnel, provided that the plaque or certificate is in recognition of a law enforcement achievement, activity, or the completion of law enforcement training, . and the cost does not create the appearance of extravagance or impropriety. Shared funds may not be used to pay cash awards. Shared finds may be used to pay the costs for modest commemorative plaques, displays, or memorials that serve to recognize or memorialize a law enforcement officer's contributions, such as a memorial plaque or stone at a police department facility in honor of officers killed in the line of duty. g. Drug and gang education and awareness programs —the costs associated with conducting drug or gang education and awareness programs by law enforcement agencies. Such costs include meeting costs, anti -drug abuse literature costs, travel expenses, and salaries for officers working in a drug education program such as DARE. h. Matching funds —the costs associated with paying a state or local law enforcement agency's matching contribution or share in a federal grant program, provided that the grant funds are used for a permissible law enforcement purpose in accordance with this Guide or where such use is authorized by federal law. L Pro rata funding —a law enforcement agency's percentage of the costs associated with supporting multi- agency items or facilities. For example, if a town purchases a new computerized payroll system, and the police department payroll represents 20 percent of the total use of the payroll system, then the police department may use shared money to fund its pro rata share (20 percent) of the operating and maintenance expenses of the system. 18 ■ Guide to Equitable Sharing j. Asset accounting and tracking —the costs associated with the accounting, auditing, and tracking of expenditures for federally shared cash, proceeds, and tangible property. For example, the use of shared funds to pay the fees associated with the contracting of a bookkeeper is permissible. The OMB Single Audit Act requires any agency that expends more than $500,000 in federal funds in an agency's fiscal year to complete an external audit. The use of forfeiture funds to perform tlus audit is permissible. k. Language assistance services— In connection with their law enforcement activities and operations, recipient agencies are encouraged to consider the need for language services for persons with limited English proficiency and, consistent with the provisions of this Guide, may use shared funds to provide such services. Examples of such permissible uses include the costs of language training for law enforcement personnel and 911 operators, contracting for interpretation services, and printing law enforcement documents in foreign languages. Transfers to other law enforcement agencies —Cash transfers of shared funds from one state or local law enforcement agency to another are permitted. In order to receive a cash transfer of shared hinds, the law enforcement agency must be in compliance with the Agreement, Certification and Audit provisions of this Guide (see part X). All cash transfers must be used in accordance with the permissible use provisions of this Guide. The agency transferring the funds is responsible for verifying that the recipient agency is eligible to receive sharing. The transfer must be reported on the Equitable Sharing Agreement and Certification form filed by both the donor and recipient agencies. m. Support of community -based programs —A state or local law enforcement agency or prosecutor's office may use up to 15 percent of the total of shared monies received by that agency in the last two fiscal years for the costs associated with drug abuse treatment, drug and crime prevention education, housing and job skills programs, or other nonprofit community -based programs or activities that are formally approved by the chief law enforcement officer (e.g., chief, sheriff, prosecutor). All expenditures must be supportive of and consistent with a law enforcement effort, policy, and /or initiative. Cash transfers to community -based programs are not permitted. State and local law enforcement agencies are prohibited from making cash transfers or donations to support community -based programs. Instead, agencies may directly purchase supplies, equipment, and /or services for eligible community -based programs, or reimburse such programs for eligible expenditures with a valid, itemized receipt. See Appendix C for guidelines to determine a community-based program's eligibility. n. Windfall situations —Where the total amount of federal equitable sharing received within one fiscal year represents over 25 percent of a state or local law enforcement agency's annual budget, recipient agencies may utilize the amount over 25 percent to provide additional support to community -based programs as referenced in letter m above. For Guide to Equitable Sharing ■ 19 example, if an agency's annual appropriated budget is $1 million and the agency receives a total of $300,000 in equitable sharing funds during the fiscal year, the amount above $250,000 (25 percent of the agency's budget), or $50,000, is considered a 'windfall." The agency, in its discretion, may use all or part of this money in addition to the 15 percent permitted under section m above. In windfall situations, AFMLS may require additional auditing and /or reporting regarding the agency's handling and expenditure of funds. 2. Impermissible uses a. Salaries — Equitable sharing monies may not be used to pay the salaries and benefits of current, permanent law enforcement personnel, except in limited circumstances. The purpose of this rule is to protect the integrity of the asset forfeiture and equitable sharing programs so that the prospect of receiving equitable sharing monies does not influence, or appear to influence, law enforcement decisions. Exception: Equitable sharing funds may be used to pay the salaries and benefits of law enforcement officers in the following limited situations: (1) Express statutory authorization —When federal law expressly permits state and local law enforcement agencies to use equitably shared funds to pay the salaries and benefits of local law enforcement officers or as matching funds in federal grant programs, such use is permissible. For example, the Community Oriented Policing Services (COPS) program established by the Violent Crime Control and Law Enforcement Act of 1994, allows state and local law enforcement agencies to use equitably shared funds to meet the local match requirements of that program, including grants for salaries and benefits. (2) Overtime of officers and investigators — Shared funds may be used to pay the overtime of officers and investigators involved in law enforcement operations. This policy is applicable to all officers and is not limited to those working on drug - related investigations. (3) New positions and temporary or not -to- exceed one year appointments — Shared funds may be used to pay the first year's salary and benefits of an individual hired for a new sworn law enforcement position that supplements the current law enforcement work force. After the first year, the salary and benefits for that position must be paid entirely from the agency's appropriated funds. Shared funds may also be used to pay the salaries of temporary (less than one year) positions or not -to- exceed one year appointments. This exception applies strictly to sworn law enforcement positions. Shared funds may not be used to provide funding for unworn, support personnel (e.g., administrative, secretarial, or clerical positions).