HomeMy WebLinkAbout20082539.tiff RESOLUTION
RE: APPROVE FEDERAL EQUITABLE SHARING AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - U.S. DEPARTMENTS OF JUSTICE AND TREASURY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Federal Equitable Sharing Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and the United
States Departments of Justice and Treasury, commencing upon full execution, with further terms
and conditions being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Federal Equitable Sharing Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Sheriffs Office, and the United States Departments of Justice and Treasury
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
� ,,--C-----
.., WELD COUNTY, COLORADO
ATTEST: ; 11411/1.11 +� ::::// EXCUSED
iisa; I: z j' ' m H. Jerke, Chair
Weld County Clerk to the B.4rd k 4ic v &•
I „ `
ta\�^ '' s V1yJ
'obert n, Pro-Tem
BY:
Y
De.�ty Cle , to the Board
'' Willia . Garda
APP D AS c 4 h
/_
David E. Long
unty torney
ougl Ra emach r
ate of signature: I0IaI0
2008-2539
SO0029
Ca'. =A' /0/0e03-
ni•
-77
Federal Equitable Sharing Agreement
VALID THRU SEPTEMBER 30, 4008
1,k9
Law Enforcement Agency: Weld County Sheriffs Office O Check if New Participant
O Police Department Ca)Sheriff's Office/Department O Task Force(atad,Wt of members) Q Prosecutor's Office C)Other
Contact Person: Cmdr. Ed Haffner E-mail Address: ehaffner@co.weld.co.us
Mailing Address: 1950"O"street Greeley CO 80631
(street) (City) (State) (Zip Code)
Telephone Number ( 970 ) 3564015 Fax Number ( 970 ) 304-6468
Agency Fiscal Year Ends on: 12/31 NCIC/ORIfTracking No.: CO620001
(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.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
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 located,in accordance with the instructions received from the respective departments or
as outlined in their equitable sharing guidelines.
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 1341 G Street,NW
Bond Building, 10t Floor Suite 900
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!ateoaftreas.aov
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 govern
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 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 I. A list of recipients and the amount transferred must be attached to the Federal Annual
Certification Report.
Aprl 2005
2008-2539
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 commingled
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 of Justice' 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.
6. Federal Annual Certification Report. The recipient 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.
7. Audit Report. 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.
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?
OYes O No (If you answered yes,attach relevant information. See instructions.)
8b. 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 incompliance 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 et seq.),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.
Name(Prin . Type)John Cooke Date Name(Print or Type)Robert D. Masden Date 09/22/2008
Law Enforcement Agency��. Governing Body Head
ktSignature: Ii !I/Il. s Signature: &.
Tide, S e itf Title: Chair Pro—Tem, Board of County Commission
This form is subject to the Freedom of Information Act and may be released under 5 U.S.C.§552.
See www usdoi gov:criminal.afmis.html or www.treas.gov/offices:enforcement/toaf for additional fauns.
Gl„I. _D0
&cos'- x'532
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, 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.
NCIC/ORI/Track/ng No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code — e.g.,
CA0000000—or tracking number assigned by the Asset Forfeiture and Money Laundering Section.
Civil Rights Provision: Police departments,sheriffs'departments,prosecutors'offices,and other law enforcement agencies
that receive federal£mancial assistance from the Department of Justice (DOJ) 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—e.g., Jones v.
Anytown Police Department; sex discrimination; settled. Please do not send a copy of the complaint.
Law Enforcement Agency Head: The head of your law enforcement agency must sign and date the form. Name and title
of the signatory must be printed or typed. 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. For task forces, the law enforcement
agency head is the person who oversees task force operations and may be the chief law enforcement officer of the lead agency
—e.g., police chief or sheriff—or a commander, lieutenant,or captain who oversees task force operations. By signing the
agreement,the signatory 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: The head of your governing body must sign and date the form. Name and title of the signatory
must be printed or typed. For purposes of this form,a governing body is the person or entity that has appropriations authority
over your agency. That is,the governing body 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. In general,a law enforcement official should not sign as
the governing body head. An exception will be granted for law enforcement officials that have appropriations authority over
a task force. For task forces with a governing board,the board chairperson should sign as the governing body head. Task
forces whose budgets are approved in the same manner as a city,county,or state law enforcement agency should obtain the
signature of the appropriate official—e.g., city manager,mayor,etc. By signing the agreement,the signatory 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.
AprJ 2705
Date:_—/ /__
Treasury Agency:
Case Number:
DEPARTMENT OF THE TREASURY Request for Transfer of Property Seized/Forfeited by a Treasury Agency
(For Use By Domestic Law En fanentent Agencies Only)
For Treasury Agency Use Only (For Additional Information-See Instructions).
Seizure Number: • All assets transferred must be used for the law enforcement
purpose stated in the request.
Seizure Date: __/__/__
SAC Office: • Deadline for submission of this request is sixty(60)days
following the seizure.
Case Type: Adoption Joint
• The requesting agency will be responsible for reimbursing
Discontinuance the Treasury Agency its costa and may be responsible for
(Check One) reimbursing the Treasury Agency share.
IL Requesting Agency Name: Weld County Sheriffs Office
Address: 1950 "O" street Greeley. CO 80631
NCICCode: C1O1612101010111 I
Contact Person:Ed Haffner Telephone Number:( 97O) 3564015
m. AesetRequested Property and buildings O Other assets in this case.(Attach list).
Property Description:
Request Type
22185 Hwy 52. legal 01-65-02-0(9.14 acres and three buildin O Item Ci Cash/Proceeds
IV. Specific Intended Law Enforcement Uses:
❑ Salaries O Purchase of Equipment ® Other(Please Explain):
Cl Purchase of Vehicles O Place Into Official Use
(If other than Cash)
V. Contribution(If any answer to A thru E is yes,provide details in Part VI) Yes No
A. Did your agency orginate the information leading to the seizure? O El
B. Were any other assets seized under state law? U (a
C. Were extraordinary expenses incurred? to
D. Did your agency supply any unique or indispensable assistance? ❑
NI
E. Are there any assets located in foreign countries associated with this case? ❑ 10
F. How many hours were expended? 20 hours ® U
TD F e2-22as 23
07/93
DEPARTMENT OF THE TREASURY Seizure Number.
Page 2
VI. Additional space for detailed answers(Indicate Part to which answerfs)apply)
IV. Specific intended Law enforcement Uses.
This Property and Buildings will be used by the Weld County SWAT team for training. The Weld
County Bomb team will use the buildings for explosive entry training. Once the Buildings have been
destroyed. The Property will be turned over to the Town of Hudson.
The Town of Hudson has plains to build a Police Department and Public Works building on this site.
The Weld County Sheriffs Office is the contracted Police agency for the Town of Hudson. This site
would enable the Sheriffs Office to have an work station within the Town of Hudson.
(If more space is required, use a separate sheet of paper and attach.) Attachment: O Yes ❑ No
VII. Certifications:
A. The requester certifies that the above information is true and accurate,that the property
transferred willbe used for the law enforcement purpose stated,and that all monies received
pursuant to this request will be deposited and accounted for consistent with applicable
Federal,State,and local law, regulations and orders.The requester agrees to report on the
actual use of equitably transferred property upon request.The requester understands
that if it is unable to pay the necessary fees and expenses at the time of transfer,the asset will
sold and the maximum percent of net sale proceeds will be awarded in lieu of the asset.
kK,E ) Chair Pro-Tem 09/22/2008
Signature t Titie Date
B. As legal counsel,I have reviewed this Request forTransfer of Property Seized/Forfeited by
a Treasury Agency andI certify that the contact person identified in Part II has the authority
to accept seized/forfeited property and is the official to whom transfer documents and/or
money should be delivered. (Legal counsel certification is not required for Federal law
enforcement agencies)
Signature I Title Date
Address:
Telephone Number.( )
24
Page 1 of 1
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6324986 Parcel#: 147302004003
Tax Area: 2214 Bordering County:
Acres: 9.14
Township Range Section Quart. Sec. Subdivison Name Block#Lot#
01 -65 - 02 -0 IRELAND GARDENS - - 12
Mprm�srrsrmran,rwwa—aeummore:aurrr�atsa+esvxo�
Owners Name &Address: Property Address:
UNITED STATES OF AMERICA Street: 22185 52 HWY
C/O EG&G TECH SERVCS ATTN A WEEKS City: WELD
10687 GASKINS WAY STE 101
MANASSA, VA 20109-2371
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception*
4/2/2007 $0 ORD 3495445
Legal Description
10651-A TR 12 SW4 2 1 65 (TR 8) IRELAND GARDENS (IMPS ONLY PIN #0060388) 22185 52 HWY WELD
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Multiple Unit 9149 Acres 9.14
Land Subtotal: 9.14 $78,622 $22,800
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Multiple Unit
2 Multiple Unit
Improvements Subtotal: $14,880 $1,180
Total Property Value $14,880 $1,180
Building Details
Account#: R0060388 Parcel#: 147302004003
Owners Name &Address: Property Address:
RODRIGUEZ JAVIER J Street:
P 0 BOX 663 City:
HUDSON, CO 80642
Building# Property Type
1 Multiple Unit
Individual Built As Detail
Built As: Apartment <= 3 Stories Year Built: 1976
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Identify Results Page 1 of 1
Land Details
Account#: R6324986 Parcel#: 147302004003
Owners Name &Address: Property Address:
UNITED STATES OF AMERICA Street: 22185 52 HWY
C/O EG&G TECH SERVCS ATTN A WEEKS City: WELD
10687 GASKINS WAY STE 101
MANASSA, VA 20109-2371
Land Type Abst Code Unit of Measure # of Units
Multiple Unit 9149 Acres 0
Acres Square Ft. Frontage Ft.
9.14 0 0
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ousoN
COLD% TOWN OF HUDSON
0
tfr 557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351
Phone: (303) 536-9311 FAX: (303) 536-4753
www.hudsoncolorado.orq
ESt ill;
October 17,2006
Gregory Wertsch, Senior Special Agent
US Imigration& Customs Enforcement
5445 DTC Parkway STE 600
Englewood, Colorado 80111
Re: Hudson Labor Camp Property
Dear Agent Wertsch,
This letter is in response to your inquiry about the Town's intended use of the nine acre parcel of
land adjoining our Town Park. If the Town is fortunate enough to acquire title to the site,the property will
be put to very productive public use. While there have been no formal decisions made by the Board of
Trustees,the discussions that have taken place to date include use of the property as a logical extension of
the adjoining park for active recreation purposes. The adjoining park is the only developed park in the
community and it is inadequate
Another use of a portion of the property would be for a relocated public works building. We
would like to expand the existing site of the Town's water treatment plant, currently located at the
northeast corner of the Town Park, onto approximately one acre of the parcel in question. This expansion
would house the public works offices and a maintenance facility. Should the Weld County Sheriffs
services grow to the point of needing a substation,this relocated public works facility would be a possible
location for a Sheriff's office.
The ultimate use of this property would be for active public purposes, and would include regular
use by the public and by Town employees and contract staff. This would increase visibility and security
for the site and reduce the possibility of the property being a public nuisance.
Thank you for your assistance. Please advise me if you require additional information.
Sincerely
Joseph A. Racine
Town Administrator
c: Weld County Commissioner Rob Masden
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