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Home My WebLink About990715.tiff RESOLUTION RE: APPROVE FEDERAL EQUITABLE SHARING AGREEMENT AND AUTHORIZE CHAIR TO SIGN 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 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, the U.S. Department of Justice, Asset Forfeiture and Money Laundering Section Criminal Division, and the U.S. Department of the --reasury, Executive Office for Asset Forfeiture, 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 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, the U.S. Department of Justice, Asset Forfeiture and Money Laundering Section Criminal Division, and the U.S. Department of the Treasury, Executive Office for Asset Forfeiture, 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 5th day of April, A.D., 1999. BOARD OF COUNTY COMMISSIONERS WELQCOUNTY, CO OR u:- ATTES 7-‘77-7.: 7, — 7 Dal,K. Hall, Chair Weld oijn Oterk td,Etie, ' ' _ 1_ ',2 � J.. /Barbara J. Kirkmeyer, P o-Tem BY: �` Dep " C rkito t and ___ 'Geo a Baxter PR ED fef FORM: _ P �j M. ,�. eile ou Attorney // Glenn Vaad� 990715 00 S 0 SO0019 "VALID THRU SEPTEMBER 30. 1999" a � J- Federal Equitable Sharing Agreement /719 Agency: Weld County Sheriff's Office O CheckifNewParticipant OPolice Department O Sheriff Department O Task Force' OProsecutor's Ofice O Other Contact Person:__ Kim F:Liethman Address: 910 10th Avenue Greeley CO 80631 (Street) (City) (State) (Zip Code) Telephone Number: ( 970 _) 356-4015 X4629 Fax Number: ( 970 ) 353-8551 Agency Fiscal Year Ends on: 12-31-99 NCIC/ORI: C00620000 (Month/Year) Bank Routing Code and Account Number for EFT Purposes: 102000076 442-8004375 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 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. This agreement must be submitted to both the Department of Justice and the Department of the Treasury,with a copy provided to the United States 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 Forfeiiture Criminal Division U.S.Department of the Treasury U.S.Department of Justice 74015th Street,N.W.,Suite 700 1400 New York Avenue,N.W.,Suite 10100 Washington,D.C. 20220 Washington,D.C. 20005 2. Signatories. This agreement must be signed by the head(or representative)of the law enforcement agency and the head(or representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving any equitably shared cash,property, or proceeds. 3. Uses. Any shared asset'hall 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 TD F 92-22.46) submitted by the requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the equitable sharing request must be submitted in writing to the appropriate agency shown in item 1. 4. 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 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 appropriate department shown in item 1. A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report. 'Attach list of member agencies with their addresses and indicate lead agency. 990715 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 deposited or otherwise commingled with federal equitable sharing funds. Interest income generated must be deposited in the appropriate 0 federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A 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 submitted in the format shown on the Annual Certification Report contained in both the Justice and Treasury Guides. 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 United States 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. 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 0 No (If you answered yes,attach relevant information.) Are there pending in a federal.or state court,or before any federal or state administrative agency,proceedings against your agency alleging discrimination? OYes 0 No (If you answered yes,attach relevant information.) The undersigned certify chat the recipient agency is in compliance 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.§200Od a seq.),Title IX of the Education Amendments of 1972(20 U.S.C.§ 1681 etseq.),Section 504 of the Rehabilitation Act of 197:1(29 U.S.C.§794),and the Age Discrimination Act of 1975(42 U.S.C.§6101 et seq.),which prohibit discrimination or 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. Ed Jordan 6-51_30q9 Dale K. Hall 04/05/99 Name (Print or Type) Date Name (Print or Type) Date Law Enfor enrI gency Head or Representative Governing Body Head or epresen tive Air I t (Signature (Signature) t/ Sheriff Chairman, Board of Country Commissioners Title (Print or Type) Title (Print or Type) 4747s-jlt Federal Annual Certification Report i ].; \�� = [This Annual Certification Report must be submitted within 60 days after the close of your fiscal year.] /1a9 Agency: Weld County Sheriff's Office NCIC/ORI: C00620000- Your Fiscal Year Ends on: 12-31-99 (Month/Year) Address: 910 10th Avenue Greeley CO 80631 (Street) (City) (State) (Zip Code) Bank Routing Code and Accounl Number for EFT Purposes: 102000076 442-8004:375 Contact Person: Kim Eliethman Telephone Number: ( 970) _356-4015 X4629 Fax Number: (970 ) 353-8551 • Check one: 0 Police Department CI Sheriff Department 0 Task Force' O Prosecutor's Office 0 Other Justice Funds Treasury Funds 1. Beginning Equitable Sharing Fund Balance(your fiscal year) $ $ 11059.66 - 2. Federal Sharing Funds Received during your fiscal year) $ $ 0 3. Interest Income Accrued $ $ 11059.66 4. Total Equitable Sharing Funds(total of items l-3) $ $ 0 5. Federal Sharing Funds Expendec I(total of items a-I) $( ) $( 0 ) 6. Equitable Sharing Fund Balance(subtract item 5 from item 4) $ $ 11059.66 Data For Assessing Law Enforcement Benefits a Total spent on salaries for new,temporary, not to exceed l-year employees,and overtime $ $ b. Total spent on informant payments $ $ c. Total spent on travel and training $ $ d Total spent on communications and computers $ $ e. Total spent on firearms,weapons,body armor $ $ f. Total spent on electronic surveillance equipment $ $ g Total spent on building andimprcvements $ 5- h. Total spent on other law enforcement expenses(attach list) $ $ i. Total passed-through(attach list of recipients) $ $ j. Total permissible use transfers(a:Each list of recipients) $ $ k. Total annual law enforcement budget for your jurisdiction for current fiscal year $ 11 ,124,293 I. Total annual budget for non-law enforcement agencies for current fiscal year . $ in Total annual law enforcement bud get for your jurisdiction for prior fiscal year $ 10.360.881 n. Total annual budget for non-law enforcement agencies for prior fiscal year $ -_ Under the penalty of perjury,the undersigned hereby certify that the information in this report is an accurate accounting of funds received and expended by the law enforcement agency under the federal equitable sharing program and the National Code of Professional Conduct for Asset Forfeiture during this reporting period. Ed Jordan 3- -)-( ? Dale K. Hall 04/05/99 Name(Pnnt or Type) Date Name(Print or Type) Date Law E e I Agency Head or Representative erring Body Head or Repre ntadve et a (Signatur (Signature) Sheri Chairman, Board of County Commissioners Title(Print or Type) Title(Print or Type) ' Attach list of member agencies with'heir addresses and indicate lead agency. Civil Rights Provision of the Federal Equitable Sharing Agreement State or Local Agency: — Weld County Sheriff's Office Contact Person: Kim Fliethman Address: 910 10th Avenue Greeley CO 80631 (Street) (City) (State) (Zip Code) Telephone Number: ( 9704 356-4015 X4629 Fax Number: ( 970 ) 353—8551 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? QYes © No (If you answered yes, attach relevant information.) Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? 0 Yes Q No (If you answered yes, attach relevant information.) The undersigned certify that the recipient agency is in compliance 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 a seq.),Title IX of the Education Amendments of 1972(20 U.S.C.§ 1681 et seq.),Section 504 of the Rehabilitation Act of 1972 (29 U.S.C.§794),and the Age Discrimination Act of 1975(42 U.S.C.§6101 es 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. Ed Jordan 013, -.I Dale K. Hall 04/05/99 Name (Print or Type) Date Name (Print or Type) Date Law Enforceme Ageiegcy Head or Representative Governing Body Head or Representaiive ‘) (Signature (Signature) Sheriff Chairman, Board of County Commissioners Title (Print or Type) Title (Print or Type) Hello