HomeMy WebLinkAbout20220456.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 Kholgraf, 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 7th day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
��,��,// WELD OUNTY, COLORADO
ATTEST: JtYA6
Scott . James, Chair
Gc-.so(SK), AcT(cP/co) 2022-0456
3/3122 SO0043
McHi*55cko
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Equitable Sharing Agreement and Certification for period 1/1/2021-12/31/2021
DEPARTMENT: Weld County Sheriff's Office
DATE: 1/24/2022
PERSON REQUESTING: Sonja Kohlgraf, WCSO Budget Manager
Brief description of the problem/issue:
The Weld County Sheriffs Office would like to request approval and Board Chair signature for the
yearly Equitable Sharing Certification Report.
The agency is required to report yearly equitable sharing activity, including all funds received and
expended over the 2021 calendar year to the Federal Government.
The attached Equitable Sharing Certification Report has been reviewed and signed by the Sheriff and
requires a signature by the Governing Body Head. Karin McDougal has completed the legal review.
Once approved via consent agenda, it will be electronically submitted through the E -Sharing
application.
The received a total of $13,143.78 in Equitable Share distribution, booked an interest earned of
$47.84 and had zero expenditures in 2021.
Entering into 2022 we have a balance of $18,320.15 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
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Schedule
Work Session Other/Comments:
2022-0456
020.? sb 046
OMB Number 1123-0011
Expires: December 31, 2021
Equitable Sharing Agreement and Certification
NCICIORI/Tracking Number: CO0620000
Agency Name: Weld County Sheriffs Office Type: Sheriffs Office
Mailing Address: 1950 O Street
Weld County Sheriffs Office
Greeley, CO 80631
Agency Finance Contact
Name: Kohlgraf, Sonja
Phone: 970-400-2872 Email: skohlgraf@co.weld.co.us
Jurisdiction Finance Contact
Name: D'Ovidio, Chris
Phone: 970-400-4447 Email:cdovidio@co.weld.co.us
ESAC Preparer
Name: Kohlgraf, Sonja
Phone: 970-400-2872 Email: skohlgraf@co.weld.co.us
FY End Date: 12/31/2021 Agency FY 2022 Budget: $61,133,759.00
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds/ Treasury Funds 2
1
Beginning Equitable Sharing Fund Balance
$4,519.86
$608.67
2
Equitable Sharing Funds Received
$13,143.78
$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
$45.68
$2.16
6
Total Equitable Sharing Funds Received (total of lines 2-5)
$13,189.46
$2.16
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 I and B
$17,709.32
$610.83
1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATE, USPIS, USDA, DCIS, DSS, and FDA
2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS.
Summary of Shared Funds Spent
Justice Funds Treasury Funds
a
Law Enforcement Operations and nvestigations
$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
h
Law Enforcement Travel and Per Diem__________.__ _
Law Enforcement Awards and Memorials
$0.00
$0.00
$0.00
$0.00
i
j
Drug, Gang, and Other Education or Awareness Programs
Matching Grants
Transfers to Other Participating Law Enforcement Agencies
..._._. $0.00
$0 00
$0.00
$0.00
$0.00
$0.00
k
m
n
Support of Community -Based Programs
Non -Categorized Expenditures
Salaries
Total
$0.00
$0.00
$0.00
$000
$0.00
$0.00
$0.00
Date Printed: 01/19/2022 Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name Justice Funds Treasury Funds
Other Income
Other Income Type Justice Funds Treasury Funds
ig 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
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 Asset Forfeiture and Money
Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005.
Privacy Act Notice
he 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
hen necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or it
a ccordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
mended by subsequent publications.
Independent Auditor
Name: Robert Dahill
Company: MHP, LLP
Phone: 307-634-2151
Single Audit Information
Email: rdahill@mhpllp.com
Date Printed: 01/19/2022
Page2o5 of 5
Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of
Federal Awards (SEFA)?
YES X� NO
Prior year Single Audit Number Assigned by Harvester Database: 890091
Date Printed: 01 t19{2022 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 CMI 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 60 days 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 the entity that maintains the Agency's appropriated or
general funds and agrees that the funds will be 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 Schedule of Expenditures of Federal Awards (SEFA) under
Catalog of Federal Domestic Assistance number 16.922 for Department of Justice and 21.016 for Department of the
Treasury. The Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
Date Printed: 01/19/2022 Page 4 of 5
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 Money Laundering and Asset
Recovery Section of the Department of Justice and the Executive Office for Asset Forfeiture of the Department of the
Treasury 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: 01/24/2022
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: James, Scott K
Title: Chair, Board of County Commissioners
Email: BOCC-Contracts@co.weld.co.us
Signature: Submitted Electronically
Date: 02/07/2022
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 02/09/2022
Date Printed: 02/23/2022 Page 5 of 5
Mariah Higgins
From: Asset Forfeiture Programs - eNotes Messaging Service <CATS.HelpDesk@usdoj.gov>
Sent: Wednesday, February 23, 2022 11:04 AM
Subject: Equitable Sharing Program -- Weld County Sheriff's Office has been made
compliant.(AA001)
Your annual Equitable Sharing Agreement and Certification (ESAC) form has been received, reviewed, and accepted.
Your agency is now "compliant". Your agency is eligible to submit DAG-71 sharing requests and receive sharing proceeds
through the Department of Justice Equitable Sharing Program.
If you have any questions regarding this email, please contact the AFP Customer Service Center (202-616-2287 or
Forfeiture.Systems@usdoj.gov) or the MLARS state representative listed in your eShare Portal account.
New Contract Request
Entity Information
Entity Name* Entity ID* ❑ New Entity?
US DEPARTMENT OF JUSTICE '&00004553
Contract Name * Contract ID Parent Contract ID
2021 ASSET FORFEITURE PROGRAM REPORTING TO US DEPT 5546
OF JUSTICE AND US DEFT OF THE TREASURY
Contract Lead* Requires Board Approval
Contract Status SKANETA YES
CTB REVIEW
Contract Lead Email Department Project #
skaneta@co.weld.co.us;
skohig raf'weldgov.com
Contract Description *
ANNUAL EQUITABLE SHARING REPORT DUE TO US DEPT OF JUSTICE AND US DEPT OF THE TREASURY FOR COMPLIANCE
PURPOSES. REPORTING 2021 ACTIVITY OF RECEIVED AND SPENT FUNDS, STATING BEGINNING AND ENDING BALANCE.
Contract Description 2
Contract Type*
Department
Requested BOCC Agenda Due Date
STATEMENT OF WORK
SHERIFF
Date* 01/29/2022
02,'02!2022
Amount*
Department Email
$0.00
CM -Sheriff@ weldgov.com
Will a work session with BOCC be required?*
NO
Renewable *
Department Head Email
NO
CM -Sheriff-
Does Contract require Purchasing Dept. to be included?
DeptHeadeldgov.com
Automatic Renewal
County Attorney
Grant
GENERAL COUNTY
ATTORNEY EMAIL
I A
County Attorney Email
CM-
COUNTYATTORNEYWELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a F4SA enter MISA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date * Renewal Date
121:30/2022
Termination Notice Period Committed Delivery Date
Expiration Date
12/31,2022
Contact Information
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Purchasing
Approved Date
Approval Process
Department Head
Finance Approver
Legal Counsel
DONNIE PATCH
CHRIS D"OViDlO
KARIN MCDOUGAL
DH Approved Date
Finance Approved Date
Legal Counsel Approved Date
01272022
01,`282022
01 31,22022
Final Approval
BOCC Approved
Tyler Ref #
AG 020222
BOCC Signed Date
BOCC Agenda Date
02:0212022
Originator
SKOHLGRAF
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