HomeMy WebLinkAbout20230341.tiffRESOLUTION
RE: APPROVE EQUITABLE SHARING AGREEMENT AND CERTIFICATION, AND
AUTHORIZE ELECTRONIC SUBMITTAL
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, 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 19th 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, District Attorney's Office,
be, and hereby is, authorized to electronically submit said agreement and certification on behalf
of the Chair.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddesAm) JC.lto:(i
Weld County Clerk to the Board
County orney
Date of signature: 02/.5123
Mi man, Chair
cc: DA(rnR/-rv), ACT(cF/cD)
02/to/23
2023-0341
DA0028
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2022 District Attorney Equitable Sharing Agreement and Certification
DEPARTMENT: District Attorney
PERSON REQUESTING: Michael Rourke, District Attorney
DATE: 1/22/23
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 Mike Freeman, name and
email address. A copy of the completed but not submitted electronic form is attached.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
If this is not submitted by the the 2/28/23 deadline, the Weld County District Attorney's Office will be
out of compliance with the Department of Justice and will be unable to receive funds in the future.
Recommendation:
Give permission for Terasina White to electronically sign Commissioner Mike Freeman's name and
email address on the sebmitted Weld County District Attorney 2022 Equitable Sharing Agreement
and Certification.
Apsrm Schedule
Recoendation Work Session
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. Jame
Kevin D. Ross
Lori Seine
Other/Comments:
2023-0341
0z ipprop Z$
OMB Number 1123-0011
Expires: December 31, 2024
Equitable Sharing Agreement and Certification
NCIC/ORI/Tracking Number: OO062015A
Agency Name: Weld County District Attorney's Office
Mailing Address: 915 10th Street, P.O. Box 1167
Greeley, CO 80632
Agency Finance Contact
N ame: White, Terasina
P hone: 970-400-4729
Jurisdiction Finance Contact
Name: D'Ovidio, Chris
P hone: 970-400-4447
ESAC Preparer
N ame: White, Terasina
Phone: 970-400-4729
FY End Date: 12/31/2022
Email:twhite@co.weld.co.us
Email:cdovidio@weldgov.com
Email:twhite@co.weld.co.us
Type: Prosecutor's Office
Agency FY 2023 Budget: $8,597,329.00
Annual Certification Report
1
Summary of Equitable Sharing Activity Justice Funds
Treasury Funds
2
1
Beginning
Equitable
Sharing
Fund
Balance
$0.00
$0.00
Equitable
Sharing
Funds
Received
$0.00
$0.00
2
3
Equitable
Agencies
Sharing
and
Task
Funds
Force
Received
from Other
Law Enforcement
$0.00
$0.00
4
Other
Income
$0.00
$0.00
Interest
Income
$0.00
$0.00
5
6
Total
Equitable
Sharing
Funds
Received
(total of lines 2-5)
$0.00
$0.00
Equitable
Sharing
Funds
Spent
(total of lines a - n)
$0.00
$0.00
7
8
Ending
(difference
Equitable
between
line
Sharing
7 and
Funds
the sum of lines
Balance
1 and
6)
$0.00
$0.00
1 Department 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
Law Enforcement
Operations
and
Investigations
$0.00
$0.00
a
Training
and
Education
$0.00
$0.00
b
Law
Enforcement,
Public
Safety,
and
Detention
Facilities
$0.00
$0.00
c
$0.00
$0.00
d
Law
Enforcement
Equipment
Joint
Law
Enforcement/Public
Safety
Equipment
and
Operations
$0.00
$0.00
e
Contracts
for Services
$0.00
$0.00
f
g
$0.00
$0.00
Law
Enforcement
Travel
and
Per
Diem
Law Enforcement
Awards
and
Memorials
$0.00
$0.00
h
Drug, Gang, and
Other
Education
or Awareness
Programs
$0.00
$0.00
i
Matching
Grants
$0.00
$0.00
j
Transfers
to Other
Participating
Law
Enforcement
Agencies
$0.00
$0.00
k
Support
of
Community
-Based
Programs
$0.00
I
Non
-Categorized
Expenditures
i
$0.00
$0.00
m
Salaries
$0.00
$0.00
n
Total
$0.00
$0.00
Date Printed: 01/22/2023
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
Salaries
Justice Funds
Treasury Funds
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 ir
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 Dahill, Robert
Company MHP LLP
Phone 307-634-2151
Single Audit Information
Email rdahill@mhpllp com
Date Printed 01/22/2023
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 ❑ THRESHOLD NOT MET ❑
Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse: 939226
Date Printed: 01/22/2023 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: 01/22/2023 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@weldgov.com
Signature: Date:
To the best of my knowledge and belief, tie 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: Freeman, Michael
Title: Chair, Weld County Board of County Commissioners
Email: mfreeman@weldgov.com
Signature: Date:
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: 01/22/2023 Page 5 of 5
EQUITABLE SHARING AGREEMENT AND CERTIFICATION
APPROVED AS TO SUBSTANCE:
APPROVED AS TO FUNDING:
artment Head, or Deputy Department Head
Atto.
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
/SO*, /
County Attorney
—3171-1
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