HomeMy WebLinkAbout20250435.tiffResolution
Approve Equitable Sharing Agreement and Certification, and Authorize 19th
Judicial District Attorney's Office to Electronically Sign and Submit
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 19th Judicial District
Attorney's Office, and the U.S. Department of Justice, commencing upon full execution
of signatures, 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 the19th Judicial District Attorney's Office, and the U.S. Department
of Justice, 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 electronically sign and submit said agreement and
certification on behalf of Michael Rourke, 19th Judicial District Attorney, and
Perry L. Buck, Chair, Board of Weld County Commissioners.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 12th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
ee .1Dq(Mn) AcT(cv/rim,/co)
02 /2S/25
2025-0435
DA0028
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2024 District Attorney Equitable Sharing Agreement and Certification
DEPARTMENT: District Attorney DATE: 1/23/25
PERSON REQUESTING: Michael Rourke, District Attorneys
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 Perry Buck's 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 2/28/25 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 Perry L. Buck's
name and email address on the submitted Weld County District Attorney 2024 Equitable Sharing
Agreement and Certification.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
2/12
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2025-0435
DqO()ZFs
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 Email:twhite@weld.gov
Jurisdiction Finance Contact
Name: D'Ovidio, Chris
Phone: 970-400-4447 Email:cdovidio@weld.gov
ESAC Preparer
Name: White, Terasina
Phone: 970-400-4729 Email:twhite@weld.gov
FY End Date: 12/31/2024
Type: Prosecutor's Office
Agency FY 2025 Budget: $10,184,388.00
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds'
Treasury Funds 2
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.- 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 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
$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
PP Y 9
$0.00
�
„;,
�� ' ...
.�
m Non -Categorized Expenditures
$0.00
$0.00
n Salaries
$0.00
$0.00
Total
$0.00
$0.00
Date Printed: 02/20/2025
Page 1 of 5
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 in
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.
Independent Auditor
Name: Hinkle, Jim
Company: Hinkle Company PC
Phone: 3037961000
Single Audit Information
Email: jim@hinklecpas.com
Date Printed: 02/20/2025
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 El NO El THRESHOLD NOT MET ❑
Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse:
Date Printed: 02/20/2025 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 goveming 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 govemor. 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: 02/20/2025 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: 02/20/2025
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
Email: pbuck@weld.gov
Signature: Submitted Electronically Date: 02/20/2025
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 02/20/2025
Date Printed: 02/20/2025 Page 5 of 5
From:
Subject:
Date:
Asset Forfeiture Programs - eNotes Messaging Service
Equitable Sharing Program -- Weld County District Attorney's Office has been made compliant.(AA001)
Thursday, February 20, 2025 1:34:11 PM
This Message Is From an External Sender
This email was sent by someone outside 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.
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