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Home My WebLink About20240386.tiffRESOLUTION RE: APPROVE EQUITABLE SHARING AGREEMENT AND CERTIFICATION, AND AUTHORIZE 19TH JUDICIAL DISTRICT ATTORNEY'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 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, the U.S. Department of Justice, and the U.S. Department of Treasury, 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 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, the U.S. Department of Justice, and the U.S. Department of Treasury, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that Terasina White, 19th Judicial District Attorney's Office, be, and hereby is, authorized to submit said agreement and certification electronically. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C�J ..14.444 Weld County Clerk to the Board BY. flL • i, J t,I (L) Ci Deputy Clerk to the Board EXCUSED Kev. Ross, Chair Perry L. ck, Pro-Tem Mike Freeman APP' • • -' ASEXCUSED oun y Att. ey Date of signature: /-!z-4 Scott K. James cC:DA(FA/► m.)) .3 /13 /2`! 2024-0386 DA0028 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2023 District Attorney Equitable Sharing Agreement and Certification DEPARTMENT: District Attorney DATE: 1/24/24 PERSON REQUESTING: Michael Rourke, District Attorney Brief description of the problem/issue: The District Attorney's Office is required to file an annual Equitable Sharing Agreement and Certification for Asset Forfeiture with the Department of Justice. The report requires three electronic signatures. One from the person submitting the form(Terasina White), one from the agency head(District Attorney Michael Rourke) and one from the governing body head. I would request permission to have Terasina White electronically sign using Commissioner Kevin Ross' name and email address. A copy of the completed but not submitted electronic form is attached. What options exist for the Board? Consequences: If this is not submitted by the 2/28/24 deadline, the Weld County District Attorney's Office will be out of compliance with the Department of Justice. Impacts: This would impact our ability to receive funds in the future. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): There is no cost to this request. Recommendation: Give permission for Terasina White to electronically sign Commissioner Kevin Ross' name and email address on the submitted Weld County District Attorney 2023 Equitable Sharing Agreement and Certification. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James ,e/vvtl l 'vet ,elywi, vta e.riw- 2024-0386 Kevin D. Ross , Chair Lori Saine Ui Q triad �� a .ernatt Karla Ford From: Sent: To: Cc: Subject: Approve Kevin Ross Kevin Ross Thursday, February 1, 2024 4:11 PM Mike Freeman; Karla Ford Commissioners Re: Please Reply: DA Pass Around request. From: Mike Freeman <mfreeman@weld.gov> Sent: Thursday, February 1, 2024 4:07:26 PM To: Karla Ford <kford@weld.gov> Cc: Commissioners <COMMISSIONERS@co.weld.co.us> Subject: Re: Please Reply: DA Pass Around request. Support Sent from my iPhone On Feb 1, 2024, at 3:59 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002. jpg> 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. From: Terasina White <twhite@weld.gov> Sent: Friday, January 26, 2024 1:35 PM To: Karla Ford <kford@weld.gov> Cc: Ryan Rose <rrose@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Michael Rourke <rnrourke@weld.gov> Subject: Pass Around request. Karla, Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Perry Buck Thursday, February 1, 2024 8:58 PM Scott James Karla Ford; Commissioners Re: Please Reply: DA Pass Around request. On Feb 1, 2024, at 4:15 PM, Scott James <sjames@weld.gov>wrote: Approve ** Sent from my iPhone ** 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 communicatioi or any attachments by anyone other than the named recipient is strictly prohibited. On Fek 1, 2024, at 3:59 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford Office M 3nager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 970.3:6-7204 :: kford@weldgov.com :: www.weldgov.com :: Karla Ford From: Sent: To: Subject: Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Thursday, February 1, 2024 5:36 PM Karla Ford RE: Please Reply: DA Pass Around request. 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. From: Karla Ford <kford@weld.gov> Sent: Thursday, February 1, 2O24 3:59 PM To: Commissioners <COMMISSIONERS@co.weld.co.us> Subject: Please Reply: DA Pass Around request. Importance: High Please advise if you support recommendation and to have department place on the agenda. Karla Ford g Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 1 OMB Number 1123-0011 Expires: December 31, 2024 Equitable Sharing Agreement and Certification NCIC/ORI/Tracking Number: CO062015A Agency Name: Weld County District Attorney's Office Mailing Address: 915 10th Street, P.O. Box 1167 Greeley, CO 80632 Agency Finance Contact Name: White, Terasina Phone: 970-400-4729 Jurisdiction Finance Contact Name: D'Ovidio, Chris Phone: 970-400-4447 ESAC Preparer Name: White, Terasina Phone: 970-400-4729 FY End Date: 12/31/2023 Type: Prosecutor's Office Email:twhite@weldgov.com Email:cdovidio@weldgov.com Email: twhite@weldgov.com Agency FY 2024 Budget: $9,191,654.00 Annual Certification Report 1 Summary of Equitable Sharing Activity Justice Funds 2 Treasury Funds 1 Beginning Equitable Sharing Fund Balance $0.00 $0.00 2 Equitable Sharing Funds Received $0.00 $0.00 3 Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force $0.00 $0.00 4 Other Income $0.00 $0.00 5 Interest Income $0.00 $0.00 6 Total Equitable Sharing Funds Received (total of lines 2-5) $0.00 $0.00 7 Equitable Sharing Funds Spent (total of lines a - n) $0.00 $0.00 8 Ending Equitable Sharing Funds Balance (difference between line 7 and the sum of lines 1 and 6) $0.00 $0.00 Department of Justice Asset Forfeiture Program Investigative Agency participants am: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA 2Department of the Treasury Asset Forfeiture Program participants am: 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 $0.00 $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 i Drug, Gang, and Other Education or Awareness Programs $0.00 $0.00 j Matching Grants $0.00 $0.00 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 n Salaries $0.00 $0.00 Total $0.00 $0.00 Date Printed: 01/26/2024 Page 1 of 5 o2�4L-D 3 8C� Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Justice Funds Treasury Funds Other Income Other Income Type Matching Grants Justice Funds Treasury Funds Matching Grant Name Justice Funds Treasury Funds Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds Support of Community -Based Programs Recipient Justice Funds Non -Categorized Expenditures Description Justice Funds Treasury Funds Salaries Salary Type Justice Funds Treasury Funds 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 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 Money Laundering and Asset Recovery Section at 1400 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 covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice 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 publications. Single Audit Information Independent Auditor Name: James D. Hinkle Company: Hinkle & Company P.C. Phone: 303-796-1000 Email: jim@hinklecpas.com Date Printed: 01/26/2024 Page 2 of 5 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 X❑ NO ❑ THRESHOLD NOT MET ❑ Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse: Date Printed. 01/26/2024 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 information 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, 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. 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 enforcement 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 ESAC 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 police 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 cannot 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 or 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 and 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: 01/26/2024 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:Rourke, Michael J. Title: Weld County District Attorney Email: mrourke@weld.gov Signature: Submitted Electronically Date: 02/14/2024 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: Buck, Perry L. Title: Chair Pro-Tem Email: pbuck@weld.gov Signature: Submitted Electronically Date: 02/14/2024 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. Date Printed: 02/14/2024 aoa 0(5 Page 5 of 5 EQUITABLE SHARE AGREEMENT AND CERTIFICATION APPROVED AS TO SUBSTANCE: Department Head, or Elected Official APPROVED AS TO FUNDING: o4p..e.P Chief Financial Officer, or Controller APPROVED AS TO FORM: County Attorney Cheryl Hoffman From: Terasina White Sent: Thursday, February 15, 2024 8:24 AM To: Cheryl Hoffman; Michael Rourke Subject: RE: Equitable Sharing Agreement and Certification Attachments: 2023 District Attorney Equitable Sharing Agreement and Certification - Final.pdf Follow Up Flag: Follow up Flag Status: Flagged See attached. This submitted report has been approved by the DOJ and we are now compliant. Thanks Terasina White Office Administrator Weld County District Attorney's Office 970-400-4729 From: Cheryl Hoffman <choffman@weld.gov> Sent: Wednesday, February 14, 2024 12:18 PM To: Terasina White <twhite@weld.gov>; Michael Rourke <mrourke@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; CTB <CTB@co.weld.co.us> Subject: Equitable Sharing Agreement and Certification Good morning, Terasina, This Agreement and Certification were approved by the BOCC during this morning's hearing. Once you submit this, could you please provide CTB a copy for commissioner records especially the signature page? Thanks so much! Enjoy your day! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov Hello