HomeMy WebLinkAbout20191032.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Annual Equitable Sharing Agreement and Certification for Signature
DEPARTMENT: Sheriff's Office DATE: 02/28/2019
PERSON REQUESTING: Jennifer Oftelie, S.O. Budget Manager
Brief description of the problem/issue:
Each year, the Sheriff's Office is required to provide an accounting of the money spent under Equitable Shares.
The attached report is a summary of those expenditures for 2018, needing a signature from the BOCC Chair. In
Summary, the 2018 spending included:
• $14,923.68 to match a CDOT grant for E -Ticket / E -Crash Software and printers for Patrol vehicles
• $4,358.54 in travel for new EQTB federal guidelines and a K-9 conference
• $295.00 for a K-9 conference registration
• $11,865.12 split between the first full year of Lumen software and CSIC membership for Patrol, as well
as minor K-9 expenses such as boarding, supplies and dog food for the non -marijuana imprinted K-9
purchased in 2016 with these same seizure dollars.
All expenses have been reviewed for validity with the federal requirements and match the required Banner
program code of EQTB. The information has been submitted to Accounting for inclusion on the SEFA and
audited financial statements, and no issues are anticipated.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1) Approve the submission of the annual certification report and authorize the chair to sign.
2) Schedule a Work Session to discuss options.
3) Deny the certification of funds. This could increase the County's liability and require repayment of the
$31,442.34 from 2018 expenditures.
Recommendation:
The Sheriffs Office asks that the Board approve the certification report and authorize the chair to sign.
Approve
Recommendation
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
OAPV,SKAid-
Schedule
Work Session
Other/Comments:
2019-1032 O3
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3aa7 4b
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Steve Moreno
Friday, March 01, 2019 10:15 AM
Barbara Kirkmeyer
Karla Ford; Sean Conway
Re: Pass Around - Equitable Shares report
Approve
Sent from my iPhone
On Mar 1, 2019, at 8:28 AM, Barbara Kirkmeyer <bkirkrneyer@weldgov.com> wrote:
Approve
Sent from my iPhone
On Mar 1, 2019, at 9:55 AM, Karla Ford <kford@weldgov.com> wrote:
Approve recommendation?
Karla Ford .X
Office Manager, Board of Weld County Commissioners
1150 0 Street, P,O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(weldgov.com :: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
<image003.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-
mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jennifer Oftelie
Sent: Thursday, February 28, 2019 4:48 PM
To: Karla Ford <kford@weldgov.com>
Cc: Don Warden <dwarden@weldgov.com>
Subject: Pass Around - Equitable Shares report
Hi Karla (and Don). Please send the attached pass around for the commissioners to
review. This is for the Equitable Shares annual certification report that is required by
Federal law. At this point, the report is complete, however it will be late because I don't
want to submit it before the BOCC reviews. Reams has signed my copy of the report.
Thank you!
Jen
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Barbara Kirkmeyer
Friday, March 01, 2019 8:28 AM
Karla Ford
Steve Moreno; Sean Conway
Re: Pass Around - Equitable Shares report
Approve
Sent from my iPhone
On Mar 1, 2019, at 9:55 AM, Karla Ford <kford@weldt;ov.com> wrote:
Approve recommendation?
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford a(�,weldgov.com :: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
<image003.jpg>
Confidentiality Notice. This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Jennifer Oftelie
Sent: Thursday, February 28, 2019 4:48 PM
To: Karla Ford <kford@weldgov.corn>
Cc: Don Warden <dwarden@weldgov.com>
Subject: Pass Around - Equitable Shares report
Hi Karla (and Don). Please send the attached pass around for the commissioners to review. This is for the
Equitable Shares annual certification report that is required by Federal law. At this point, the report is
complete, however it will be late because I don't want to submit it before the BOCC reviews. Reams has
signed my copy of the report.
Thank you!
Jen
Jennifer Oftetie
Business/Budget .Manager
'Weld County Sheriffs Office
Direct: 970-400-2872
1
OMB Number 1123-0011
Expires: November 30, 2021
Equitable Sharing Agreement and Certification
NCIC/ORI/Tracking Number: CO0620000
Agency Name: Weld County Sheriffs Office
Mailing Address: 1950 O Street
Greeley, CO 80631
Agency Finance Contact
Name: Oftelie, Jennifer L
Phone: 970-400-2872
Jurisdiction Finance Contact
Name: Connolly, Barb
Phone: 970-400-4445
ESAC Preparer
Name: Oftelie, Jennifer L
Phone: 970-400-2872
FY End Date: 12/31/2018
Email:joftelie@co.weld.co.us
Email:bconnolly@co.weld.co.us
Email: joftelie@co.weld.co.us
Type: Sheriffs Office
Agency FY 2019 Budget: $49,276,141.00
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds
I
2
Treasury Funds
1
Begining Equitable Sharing Fund Balance
$0.00
$49,562.79
2
Equitable Sharing Funds Received
$0.00
$0.00
3
Equitable Sharing Funds Received from Other Law Enforcement
Agencies and Task Force
$0.00
$45,000.00
4
Other Income
$0.00
$0.00
5
Interest Income
$0.00
$0.00
6
Total Equitable Sharing Funds Received (total of lines 1-5)
$0.00
$94,562.79
7
Equitable Sharing Funds Spent (total of lines a - n )
$0.00
$31,442.34
8
Ending Equitable Sharing Funds Balance
(difference between line 7 and line 6)
$0.00
$63,120.45
7Department 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
$295.00
c
Law Enforcement, Public Safety, and Detention Facilities
$0.00
$0.00
d
Law Enforcement Equipment
$0.00
$11,865.12
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
$4,358.54
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
$14,923.68
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
$0.00
Total
$0.00
$31,442.34
Date Printed: 02/28/2019
Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name
Justice Funds
Treasury Funds
Weld County Drug Task Force - 000620203
$45,000.00
Other Income
Other Income Type
Justice Funds
Treasury Funds
Matching Grants
Matching Grant Name
Justice Funds
Treasury Funds
CDOT 405C; Weld County E -Ticket / E -Crash Expansion
$14,923.68
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.
Independent Auditor
Name: Bigler, Melissa
Company: Anderson & Whitney
Phone: 970-352-7990
Single Audit Information
Email: melissa@awhitney.com
Date Printed: 02/28/2019
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 n NO El
Prior year Single Audit Number Assigned by Harvester Database: 134792
Date Printed: 02/28/2019 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: 02/28/2019 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:
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: Kirkmeyer, Barbara
Title: Chair, Board of County Commissioners
Email: bkirkmeyer@weldgov.com
Signature:
IAA& Date: 3/11/2019
VAR 11 2919
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.
E 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.
aOi t-I03QCI)
Date Printed: 02/28/2019 Page 5 of 5
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