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Home My WebLink About20240293.tiffRESOLUTION RE: APPROVE EQUITABLE SHARING AGREEMENT AND CERTIFICATION, AND AUTHORIZE SHERIFF'S OFFICE TO SUBMIT ELECTRONICALLY 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 an Equitable Sharing Agreement and Certification between 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, and the U.S. Department of Justice, with further terms and conditions being as stated in said agreement and certification, and WHEREAS, after review, the Board deems it advisable to approve said agreement and certification, 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 Equitable Sharing Agreement and Certification between 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, and the U.S. Department of Justice, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that Sonja Kohlgraf, Sheriff's Office, be, and hereby is, authorized to electronically submit said agreement and certification. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ATTEST: Kevin D. Ross, Chair Weld County Clerk to the `Board BY: • O j a_ Deputy Clerk to the Board APPRQU D � ��=' ORM: Attorney' 81// 44 Date of signature: oC Perry L. B k, Pro- em Mike Freeman t K. James sine Cc :5O(5K), A c-r(GP/cD) O2 /22 /24 2024-0293 SO0045 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: Equitable Sharing Agreement and Certification for period 1/1/2023-12/31/2023 DEPARTMENT: Weld County Sheriffs Office DATE: 1/19/2024 PERSON REQUESTING: Sonja Kohlgraf, WCSO Finance Manager Brief description of the problem/issue: The Weld County Sheriffs Office would like to request approval for submission of the yearly Equitable Sharing Certification Report and have the WCSO Finance Manager sign for the Sheriff and the Board Chair via the electronic submittal. The agency is required to report yearly equitable sharing activity, including all funds received and expended over the 2023 calendar year to the Federal Government. The attached Equitable Sharing Certification Report has been reviewed and approved by the Sheriff. It also requires an approval by the Governing Body Head. Once approved by the BOCC, it will be electronically submitted through the E -Sharing application to achieve compliance. The WCSO received a total of $8,569.79 in Equitable Share distributions, booked an interest earned of $3,804.29 and had $20,222.00 expenditures in 2023. Entering into 2024 we have a balance of $117,428.56 in the Equitable Sharing account. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve and certify to be in compliance with federal reporting requirements. • Not approve and be out of compliance Recommendation: Approve and certify the Annual Equitable Sharing Certification Report Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine mF 2024-0293 2/5 SO 0045 Cheryl Hoffnwn From: Sent: To: Cc: Subject: Approve - thanks! Scott James Monday, January 22, 2024 8:29 AM Cheryl Hoffman Esther Gesick Re: PA for 2023 Equitable Share reporting Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Jan 22, 2024, at 8:09 AM, Cheryl Hoffman <choffman@weld.gov> wrote: Good morning, Scott, Could you please review and let me know if you approve of placement on the BOCC agenda? Thanks so much! Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: Karla Ford <kford@weld.Rov> Sent: Sunday, January 21, 2024 1:42 PM To: Cheryl Hoffman <choffman@weld.Rov> Subject: FW: PA for 2023 Equitable Share reporting This is in PA folder already OMB Number 1123-0011 Expires: December 31. 2024 Equitable Sharing Agreement and Certification NCIC/ORI/Tracking Number: CO0620000 Agency Name: Weld County Sheriffs Office Mailing Address: 1950 O Street Weld County Sheriffs Office Greeley, CO 80631 Agency Finance Contact N ame: Kohlgraf, Sonja P hone: 970-400-2872 Jurisdiction Finance Contact N ame: D'Ovidio, Chris P hone: 970-400-4447 ESAC Preparer N ame: Kohlgraf, Sonja P hone: 970-400-2872 FY End Date: 12/31/2023 Email:skohlgraf@co.weld.co.us Email:cdovidio@co.weld.co.us Email:skohlgraf@co.weld.co.us Type: Sheriff's Office Agency FY 2024 Budget: $75,295,360.00 Annual Certification Report Summary of Equitable Sharing Activity Justice Funds 1 Treasury Funds 2 1 Beginning Equitable Sharing Fund Balance $54,537.42 $70,739.06 2 Equitable Sharing Funds Received $8,569.79 $0.00 3 Equitable Agencies Sharing and Task Funds Force Received from Other Law Enforcement $0.00 $0.00 4 Other Income $0.00 r $0.00 Interest Income $1,417.20 $2,387.09 5 6 Total Equitable Sharing Funds Received (total of lines 2-5) $9,986.99 $2,387.09 7 Equitable Sharing Funds Spent (total of lines a n) $20,222.00 $0.00 8 (difference Ending Equitable between line Sharing 7 and the sum Funds of lines Balance 1 and 6) $44,302.41 $73,126.15 1Department of Justice Asset Forfeiture Program Investigative Agency participants are: FBI, DEA. ATF. USPIS, USDA, DCIS. DSS. and FDA 2Department of the Treasury Asset Forfeiture Program participants are: IRS -CI, ICE, CBP and USSS. Summary of Shared Funds Spent Justice Funds Treasury Funds a Law Enforcement Operations and Investigations $0.00 $0.00 b Training and Education $0.00 $0.00 c Law Enforcement, Public Safety, and Detention Facilities $0.00 $0.00 d Law Enforcement Equipment ..$20,222.00 $0.00 e Joint Law Enforcement/Public Safety Equipment and Operations $0.00 $0.00 f Contracts for Services $0.00 $0.00 g Law Enforcement Travel and Per Diem $0.00 $0.00 h Law Enforcement Awards and Memorials _. $0.00 $0.00 $0.00 $0.00 i Drug, Gang, and Other Education or Awareness Programs Matching Grants $0.00 $0.00 j k Transfers to Other Participating Law Enforcement Agencies $0.00 $0.00 I Support of Community -Based Programs $0.00 m Non -Categorized Expenditures _ $0.00 $0.00 i n Salaries $0.00 $0.00 Total $20,222.00 $0.00 Date Printed: 02/07/2024 Page 1 of 5 Equitable Sharing Funcs Received From Other Agencies Transferring Agency Name Justice Funds Treasury Funds Other Income Other Income Type Justice Funds Treasury Funds Matching Grants Matching Grant Name Justice Funds Treasury Funds Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds S upport of Community -Based Programs Recipient N on -Categorized Expenditures Justice Funds Description Justice Funds Treasury Funds S alaries Salary Type Justice Funds Treasury Funds Civil Rights Cases Name of the Case Type of Discrimination Alleged Hall vs Reams ❑ National Origin I ❑ Gender ❑ Color ❑ Race ❑ Disability lJ Other: Religious ❑ Age 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 OMB control numbe-. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The esti-nated 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 Money Laundering and Asset Recovery Section at 140C New York Avenue, N.W.. Washington, DC 20005. Privacy Act Notice The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures. Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance. Information collected is ccvered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of ,,ustice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or it accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent Jublications. Single Audit Information Date Printed: 02/07/2024 Page 2 of 5 Independent Auditor Name Hinkle, James D Company Hinkle & Company P C Phone 303-796-1000 Email pm@hinklecpas com Were equitable sharing expenditures included on the Schedule of Expenditures of Federal Awards (SEFA) for the Jurisdiction's Single Audit for the prior fiscal year, If the jurisdiction did not meet the threshold to have a Single Audit performed, select Threshold Not Met YES ❑ NO ® THRESHOLD NOT MET ❑ Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse 1000263 Date Printed 02/07/2024 Page 3 of 5 Affidavit Under penalty of perjury, The undersigned officials certify that they have read and understand their obligations under the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials certify that the informatior submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate accounting of funds received and spent by the Agency. The undersigned certify that the Agency is in compliance with the applicable 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, natio-ial 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. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations. Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the Agency's governing body sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared with participating law enfcrcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and all subsequent updates this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program. 1. Submission. The ESA C must be signed and electronically submitted within two months of the end of the Agency's fiscal year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury. 2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include po ice chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The governing body head can'iot be an official or employee of the Agency and must be from a separate entity. 3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. 4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted. Agencies that transfer cr receive equitable sharing funds must perform sub -recipient monitoring in accordance with the Code of Federal Regulations. 5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice anc the Department of the Treasury. funds from state and local forfeitures, joint law enforcement operations funds, and any other sources must not be commingled with federal equitable sharing funds. The Agency certifies that equitable sharing funds are maintained by its jurisdiction and the funds are administrated in the same manner as the jurisdictions's appropriated or general funds. The Agency further certifies that the funds are subject to the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement to maintain relevant documents and records for five years. The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds. Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject the Agency to sanctions. 6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The Agency must report its equitable sharing expenditures on the jurisdiction's Schedule of Expenditures of Federal Awards (SEFA) under Assistance Listing Number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The Date Printed: 02/07/2024 Page 4 of 5 Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews 7 Freedom of Information Act (FOIA) Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury Agencies must follow local release of information policies 8 Waste, Fraud, or Abuse An Agency or governing body is required to immediately notify the Department of Justice's Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds Civil Rights Cases During the past fiscal year. (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? ® Yes ❑ No Agency, Head Name Reams, Steve Title Weld County Sheriff Email sreams@weldgov com Signature Submitted Electronically Date 02/07/2024 To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures Governing Body Head Name Ross, Kevin D Title Chair, Board of County Commissioners Email BOCC-Contracts@co weld co us Signature Submitted Electronically Date 02/07/2024 To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations © I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head _ Submitted Electronically on 02/07/2024 Date Printed 02/07/2024 Page 5 of 5 Contract Form Entity Information Entity Name* US DEPARTMENT OF JUSTICE Entity ID* O00004553 Contract Name* Contract ID 2023 ASSET FORFEITURE PROGRAM REPORTING TO US 7795 DEPT OF JUSTICE AND US DEPT OF THE TREASURY Contract Status CTB REVIEW Contract Lead * SKANETA N ETA New Entity? Contract Lead Email skaneta@co.weld.co.us; skohlgraf@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * ANNUAL EQUITABLE SHARING REPORT DUE TO US DEPT OF JUSTICE AND US DEPT OF THE TREASURY FOR COMPLIANCE PURPOSES. REPORTING 2023 ACTIVITY OF RECEIVED AND SPENT FUNDS, STATING BEGINNING AND ENDING BALANCE. Contract Description 2 Contract Type * Department STATEMENT OF WORK SHERIFF Amount * $ 0.00 Renewable* NO Automatic Renewal N O Grant N O IGA N O Department Email CM-Sheriffgweldgov.com Department Head Email CM-Sheriff- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@ WEL DGOV.COM Requested BOCC Agenda Date * 02/05/2024 Due Date 02 /01 2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head DONNIE PATCH DH Approved Date 02/01/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/05/2024 Review Date* 12/02/2024 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 02/29/2024 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 02'01 /2024 Tyler Ref # AG 020524 Originator SKOHLGRAF Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 02/01/2024 Cheryl Hoffman From: Sent: To: Subject: Attachments: Sonja Kohigraf Wednesday, February 7, 2024 8:46 AM Cheryl Hoffman RE: Equitable Sharing Agreement and Certification Equitable Sharing Program -- Weld County Sheriffs Office has been made compliant.(AA001); 2-7-2024 Final Submitted Equitable Sharing Program Certification for 2023.pdf Hello Cheryl, The report was submitted this morning (attached copy) and we received the confirmation of compliance from the Feds a couple of minutes ago. Sonja Kohigraf, MBA Finance Manager Weld County' Sheriff's Office Ph: 970-400-2872 From: Cheryl Hoffman <choffman@weld.gov> Sent: Monday, February 5, 2024 11:57 AM To: Sonja Kohlgraf <skohlgraf@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov> Subject: Equitable Sharing Agreement and Certification Hi Sonja, This was approved by the BOCC during this morning's hearing. Would you please send us a copy of the electronic signature page, please? Thanks so much! Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov 1 Cheryl Hoffman From: Sent: Subject: Asset Forfeiture Programs - eNotes Messaging Service <CATS.HelpDesk@usdoj.gov> Wednesday, February 7, 2024 8:36 AM Equitable Sharing Program -- Weld County Sheriff's Office has been made compliant.(AA001) Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Money Laundering and Asset Recovery Section (MLARS) has received, reviewed, and accepted your annual Equitable Sharing Agreement and Certification (ESAC). Your agency is now compliant. Your agency is eligible to submit DAG-71 equitable sharing requests and to receive equitable sharing funds through the Department of Justice Equitable Sharing Program. For questions regarding account access, please contact the eShare Portal Customer Service Center by phone at 202-616- 2287 or by email at Forfeiture.Systems@usdoj.gov. For questions regarding the ESAC, please contact the MLARS state representative listed in your eShare Portal account. 1 Hello