HomeMy WebLinkAbout20210310.tiffRESOLUTION
RE: APPROVE EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND
AUTHORIZE CHAIR TO SIGN
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 the Chair be, and hereby is, authorized
to sign said agreement and certification.
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., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dj„d�) XL:4,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPD A
oun y Attorney
Date of signature: O
eno, Chair
Steve M
Sco mes, Pro-Te
Pe y L. Buckl
Mike Freeman
.4,
Lori Sain
CC : SoCSK/sN)
2/10/21
2021-0310
SO0042
Cervi-ack ID # Liy13
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Equitable Sharing Agreement and Certification for period 1/1/2020-12/31/202020-539.79
DEPARTMENT: Weld County Sheriff's Office DATE: 1/14/2021
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 2020 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. Bob Choate has reviewed the attached report as
well.
Once approved via c nt agenda, it will be electronically submitted through the E -Sharing
application. /Vim) &S:►�¢C!
The received a total of $3,815.48 in Equitable Share distribution and booked an interest earned of
$539.79. Expenditures in the amount of $69,000 were used to buy the Body Scanner for the Jail.
Entering into 2021 we have a balance of $5,128.53.
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 Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
N
0
2021-0310
SOOOy 2
OMB Number 1123-0011
Expires: December 31, 2021
Equitable Sharing Agreement and Certification
NCIC/ORIITracking Number: CO0620000
Agency Name: Weld County Sheriffs Office
Mailing Address: 1950 O Street
Greeley, CO 80631
Agency Finance Contact
Name: Kohlgraf, Sonja
Phone: 970-400-2872
Jurisdiction Finance Contact
Name: Connolly, Barb
Phone: 970-400-4445
ESAC Preparer
Name: Kohlgraf, Sonja
Phone: 970-400-2872
FY End Date: 12/31/2020
Email:skohlgraf@co.weld.co.us
Email:bconnolly@co.weld.co.us
Email:skohlgraf@co.weld.co.us
Type: Sheriffs Office
Agency FY 2021 Budget: $57,372,878.00
Annual Certification Report
Summary of Equitable Sharing Activity Justice Fundsl
2
Treasury Funds
1
Beginning Equitable Sharing Fund Balance
$49,332.51
$20,440.75
2
Equitable Sharing Funds Received
$3,638.60
$0.00
3
Equitable Sharing Funds Received from Other Law Enforcement
Agencies and Task Force
$176.88
$0.00
4
Other Income
$0.00
$0.00
5
Interest Income
$384.26
$155.53
6
Total Equitable Sharing Funds Received (total of lines 1-5)
$53,532.25
$20,596.28
7
Equitable Sharing Funds Spent (total of lines a - n )
$49,012.39
$19,987.61
8
Ending Equitable Sharing Funds Balance
(difference between line 7 and line 6)
$4,519.86
$608.67
1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, 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 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
$49,012.39
$19,987.61
e
Joint Law Enforcement/Public Safety Equipment and Operations
$0.00
$0.00
f
Contracts for Services
$0.00
$0.00
q
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
Support of Community -Based Programs
$0.00,_
m
Non -Categorized Expenditures
$0.00
$0.00
n
Salaries
$0.00
$0.00
Total
$49,012.39
$19,987.61
Date Printed: 01/14/2021
Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name
Justice Funds
Treasury Funds
Weld County Drug Task Force - CO0620203
$176.88
Other Income
Other Income Type
Justice Funds
Treasury Funds
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
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
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.
Single Audit Information
Independent Auditor
Name: Robert Dahill
Company: McGee, Hearne & Paiz LLP
Phone: 307-634-2151 Email: RDahill@MHPLLP.com
Date Printed: 01/14/2021
Page 2 of 5
Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of
Federal Awards (SEFA)?
YES XN NO El
Prior year Single Audit Number Assigned by Harvester Database: 846454
Date Printed:. 01/14/2021 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 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: 01/14/2021 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:
Date:
�-19-zaz7
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: Moreno, Steve
Title: Chair, Board of County Commissioners
Email: BOCC-Contracts@co.weld.co.us
Signature: Date: FEB 0 1 2021
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.
P24,l-03/n
Date Printed: 01/14/2021
Page 5 of 5
Contract Form
Entity Information
New Contract Request
Entity Name*
US DEPARTMENT OF JUSTICE
Entity ID*
X0004553
New Entity?
Contract Name* Contract ID
2020 ASSET FORFEITURE PROGRAM REPORTING TO US DEPT 4413
OF JUSTICE AND US DEPT OF THE TREASURY
Contract Status
CTB REVIEW
Contract Lead*
JNO0NAN
Contract Lead Email
Jnoonangco.weld,co. us;
skohlgrakasweldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project if
Contract Description*
ANNUAL EQUITABLE SHARING REPORT DUE TO US DEPT OF JUSTICE AND US DEPT OF THE TREASURY FOR COMPLIANCE
PURPOSES. REPORTING 2020 ACTIVITY OF RECEIVED AND SPENT FUNDS, STATING BEGINNING AND ENDING BALANCE.
Contract Description 2
Contract Type* Department
STATEMENT OF WORK SHERIFF
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Sheriffgrreldgov.com
Department Head Email
CM-Sheriff-
DeptHead zweld'gov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EYgWELDG
OV.COM
Requested BOCC Agenda
Date*
02;'01;2021
Due Date
01 28'2021
Will a work session with BOCC 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 MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Sen.ir_es Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date Review Date* Renewal Date
0101:2022
Termination Notice Period
Committed Delivery Date
Expiration Date*
12/312021
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DONNIE PATCH
DH Approved Date
01?25,2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02101,,2021
Originator
SKOHLGRAF
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
01;`2612021 01'26'2021
Tyler Ref #
AG 020121
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