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Home My WebLink About20230342.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 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 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., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datirm) < m;4. Weld County Clerk to the Board County ttorney Date of signature: 0210163 Mikman, Chair —e// erry L. Bu cc:50(5K), ACT(cP/cD) 02/10/23 2023-0342 SO0044 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Equitable Sharing Agreement and Certification for period 1/1/2022-12/31/2022 DEPARTMENT: Weld County Sheriff's Office DATE: 1/23/2023 PERSON REQUESTING: Sonja Kohlgraf, WCSO Budget 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 2022 calendar year to the Federal Government. The attached Equitable Sharing Certification Report has been reviewed by the Sheriff and approved. I also requires an approval by the Governing Body Head. Once approved by the BOCC, it will be electronically submitted through the E -Sharing application. The WCSO received a total of $105,756.94 in Equitable Share distribution, booked an interest earned of $1,199.39 and had zero expenditures in 2022. Entering into 2023 we have a balance of $125,276.48 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 Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2023-0342 CYL/o 1 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: 12/31/2022 Email:skohlgraf@co.weld.co.us Email:cdovidio@co.weld.co.us Email: skohlgraf@co.weld.co.us Type: Sheriff's Office Agency FY 2023 Budget: $68,510,531.00 Annual Certification Report Summary of Equitable Sharing Activity Justice Funds Treasury Funds 2 1 Beginning Equitable Sharing Fund Balance $17,709.32 $610.83 Equitable Sharing Funds Received I $36,303.94 $69,453.00 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 5 Interest Income $524.16 $675.23 6 Total Equitable Sharing Funds Received (total of lines 2-5) $36,828.10 $70,128.23 7 Equitable Sharing Funds Spent (total of lines a - n) $0.00 $0.00 8 Ending (difference Equitable between line Sharing 7 and the sum Funds of lines Balance 1 and 6) $54,537.42 $70,739.06 I 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 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 I $0.00 Total $0.00 $0.00 Date Printed: 01/23/2023 Page 1 of 5 Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Justice Funds Treasury Funds Other Income Other Income Justice Funds Treasury Funds Type Matching Grants 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 I Paperwork Reduction Act Notice Under valid you accuracy Recovery the OMB to complete. of Paperwork control this Section estimate, The at number. 1400 Reduction estimated or New We suggestions Act, try to average York a create Avenue, person accurate time for making to N.W., is not complete Washington, required and this easily form this to simpler, respond understood form DC is 30 20005. please to minutes. a collection forms write If that you to the of impose have information Money comments the least Laundering unless it possible regarding and displays burden Asset the a on 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. Independent Auditor Name: Dahill, Robert Company: MHP, LLP Phone: 307-634-2151 Single Audit Information Email: rdahill@mhplIp.com Date Printed: 01/23/2023 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 ❑ NO X❑ THRESHOLD NOT MET Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse: 939226 Date Printed: 01/23/2023 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: 01/23/2023 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: Reams, Steve Title: Weld County Sheriff Email: sreams@weldgov.com Signature: Submitted Electronically Date: 02/01/2023 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: Freeman, Mike Title: Chair, Board of County Commissioners Email: BOCC-Contracts@co.weld.co.us Signature: Submitted Electronically Date: 02/01/2023 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 02/01/2023 Date Printed: 02/06/2023 Page 5 of 5 Mariah Higgins From: Sent: Subject: Asset Forfeiture Programs - eNotes Messaging Service <CATS.HelpDesk@usdoj.gov> Friday, February 3, 2023 2:32 PM Equitable Sharing Program -- Weld County Sheriff's Office has been made compliant.(AA001) 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. Contract Form New Corttract Request En ion Entity Name* US DEPARTMENT OF JUSTICE Entity ID* 00004553 ❑ New Entity? Contract Name * Contract ID 2022 ASSET FORFEITURE PROGRAM REPORTING TO US DEFT 6646 OF JUSTICE AND US DEPT OF THE TREASURY Contract Status CTB REVIEW Contract Lead SKANETA Contract Lead Email s kaneta@co.weld.co. us ; s koh lg raMweldgov. com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ANNUAL EQUITABLE SHARING REPORT DUE TO US DEFT OF JUSTICE AND US DEPT OF THE TREASURY FOR COMPLIANCE PURPOSES. REPORTING 2022 ACTIVITY OF RECEIVED AND SPENT FUNDS, STATING BEGINNING AND ENDING BALANCE. Contract Description 2 Contract Type * Department STATEMENT OF WORK SHERIFF Amount* 00.00 Renewable NO Automatic Renewal Department Email CM-Sheriff03weldgov.corn Department Head Email CM-Sheriff- DeptHeadweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEY@WELDG OV.COM Requested BOCC Agenda Date* 02/01;2023 Due Date 01/28,2023 Will a work session with B©CC be required?* NO Does Contract require Purchasing Dept to be included? If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase DaI Effective Date Review Date. 12/01/2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 12/31/2023 Cool Contact Name Purchasing Purchasing Approver Approval Process Department Head CONNIE PATCH DH Approved Date 01/26/2023 Final al 11OCC B©CC Signed Date B0CC Agenda Date 02/01;2023 Appr Dnginator SKOHLGRAF Contact Type Contact Email Finance Approver CHERYL PATTELLI Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 01/2612023 Tyler Ref # AG 020123 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 01/26/2023 Hello