HomeMy WebLinkAbout20150529.tiff RESOLUTION
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 and the Department of the Treasury, commencing upon full execution,
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 and the
Department of the Treasury, 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 23rd day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , 1L 'ides
,,/ ;4 EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY.
De.u Clerk to the�=oard ►' . a i CUSED„v: f - a ' Conw-y
1861
APPR ED AS TO FORM:
r S ie A. Cozad
County Attorney ' v �a-c--
Steve Moreno
Date of signature: (2/ 7
CG fl6)A-ecd- 3In 20S - 9 052
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/ WORK SESSION REQUEST
RE: 2014 Equitable Sharing Agreement and Certification Form
DEPARTMENT: Weld County Sheriffs Office DATE: 02/10/15
PERSON REQUESTING: Captain Alan Caldwell, Weld County Sheriffs Office
Brief description of the problem/issue:
"Hie Sheriffs Office is required to file an Equitable Sharing Agreement and Certification form every year with the U.S.
Department of Justice / U.S. Treasury Department, no later than February 28i°, certifying the manner in which equitable
share funds received by the Sheriffs Office are spent. A copy of the form is also filed with DOI.A.
Equitable share funds are proceeds from federal asset forfeitures that are distributed to local governments for their
participation in criminal investigations. The funds are received from the Federal Government and deposited into the Drug
Task Force Trust Fund. Equitable share funds are then released to participating agencies through a resolution process
initiated by the Weld County Drug Task Force Control Board and approved by the Weld County Drug Task Force
Asset/Seizure Forfeiture Oversight Committee. Per equitable sharing rules, funds must be spent for law enforcement
purposes only. For reference, the Sheriffs office received $70,248.00 in the year 2012 and $70,248.00 in the year 2014.
As in previous years, on January 28ft, 2015 Captain Alan Caldwell met with Weld County Controller Barb Connolly and
provided documentation in the form of purchase orders, invoices and cancelled checks of how funds were spent. The
Sheriffs Office spent equitable sharing funds on law enforcement equipment. A detailed list was provided to Barb
Connolly and is available to the BOCC upon request. The expenditures followed the procurement rules established by the
County. To date the unspent balance is $34,095.59.
The Equitable Sharing Agreement and Certification form requires the typed electronic signature of the Sheriff and
Chairman of the Board of County Commissioners. The Sheriff has approved the form. A copy of the form is attached.
Please contact me at your earliest convenience if the BOCC desires a work session to discuss this matter further.
What options exist for the Board? (Include consequences, impacts, costs,etc. of options)
I. Approve the Equitable Sharing Agreement and Certification form. This would permit the Sheriffs Office to
continue to utilize equitable share funds and remain in compliance with the rules of the Asset Forfeiture Program.
2. Not approve the Equitable Sharing Agreement and Certification. This would cause the Sheriffs Office to fall out
of compliance and could result in having to return funds.
Recommendation:
Approve the Equitable Sharing Agreement and Certification form.
Approve Schedule
Recommendation Work Session OthedComments:
Barbara Kirkmcycr,Chair
Mike Freeman r'\k--
Sean P. Conway
Julie Cozad 2015-0529
Steve Moreno ,� / t _
N.t.op OMB Number 1123-0011
&pires January 31,2018
Equitable Sharing a� T
Agreement and
Certification CCH9 '
( Police Department (: Sheriff's Office Task Force (Complete Table A)
( Prosecutor's Office C National Guard Counterdrug Unit Other
Please fill each required field. Hover mouse over any tillable field for pop-up instructions.*
Agency Name:Weld County Sheriffs Office
NCIC/ORI/Tracking Number: C O 0 6 2 0 0 0 0
Mailing Address: 1950 "O" Street
City: Greeley State: CO Zip: 80631
Finance Contact: First:Barb Last: Connolly
Phone: 970-356-4000 Email: bconnolly@co.weld.co.us
Preparer: First: Alan Last: Caldwell
I� same as Phone: 970-356-4000 Email: acaldwell@co.weld.co.us
I-J Finance Contact
Last FY End Date: 12/31/2014 Agency Current FY Budget: $38,405,155.00
( New Participant: Read Equitable Sharing Agreement and sign Affidavit
(i Existing Participant: Complete Annual Certification Report,read Equitable Sharing Agreement,and electronically sign Affidavit
C Amended Form: Revise Annual Certification Report,read Equitable Sharing Agreement,and electronically sign Affidavit
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds' Treasury Funds'
1
Beginning Equitable Sharing Funds Balance
(Must match Ending Balance from prior FY) $8,703.01 $0.00
2 Equitable Sharing Funds Received
3 Equitable Sharing Funds Received from Other Law Enforcement Agencies and
Task Forces(Complete Table B) $70,248.00
4 Other Income
•
Ci Non-Interest Bearing
5 Interest Income
C Interest Bearing
6 Total Equitable Sharing Funds(total of lines 1 -5) $8,703.01 I $70,248.00
7 Equitable Sharing Funds Spent(total of lines a-n below) $8,703.01 $36,152.41
8 Ending Equitable Sharing Funds Balance(difference between line 7 and line 6) $0.00 $34,095.59
Department of-Justice Asset Forfeiture Program participants are:FBI,DEA,A I F,USPIS,USDA,DCIS,DSS,and FDA.
'Department of the Treasury Asset Forfeiture Program participants are:IRS,ICE,CBP,AND USSS.
Page 1 of 5
Summary of Shared Funds Spent Justice Funds Treasury Funds
a Law enforcement operations and investigations
b Training and education
c Law enforcement,public safety,and detention facilities
d Lawenforcementequipment $8,703.01 ,' $36,152.41
e Joint law enforcement/public safety operations
f Contracting for services
g Law enforcement travel and per diem
h Law enforcement awards and memorials
i Drug,gang,and other education or awareness programs
j Matching grants (Complete Table C)
k Transfers to other participating law enforcement agencies
(Complete Table D)
I Support of community-based programs (Complete Table E)
-------7
m Non-categorized expenditures (Complete Table F)
n Salaries (Complete Table 0)
Total: $8,703.01 $36,152.41
Please fill out the following tables,if applicable.
Table A: Members of Task Force
Agency Name NCIC/ORI/Tracking Number
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name,City,and State Justice Funds Treasury Funds
Agency Name: Weld County Drug Task Force I
$70,248.00
NCIC/ORI/Tracking Number: C 0 0 6 2 0 2 0 3 F
Table C: Matching Grants
Matching Grant Name Justice Funds Treasury Funds
1
Page 2 of 5 February 2015
Version 3.0
Table D: Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name,City,and State Justice Funds Treasury Funds
Agency Name:
NCIC/ORI/Tracking Number:
J) —
Table E: Support of Community-based Programs
Recipient Justice Funds Treasury Funds
Table F: Expenditures not Categorized in (a)-(n)Above
Description Justice Funds Treasury Funds
Table G: Salaries
Salary Type Justice Funds Treasury Funds
C Overtime C Match for Federal Salary Grant
C DARE/SRO Officer C Federal Task Force Replacement Officer
Table H: Civil Rights Cases
Name of Case Type of Discrimination Alleged
National
❑ Race E Color ❑ Origin El Gender
n Disability ❑ Age ❑ Other
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:
1400 New York Avenue, N.W.,Washington, DC 20005.
Page 3 of 5 February 2015
Version 30
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement,entered into among (1)the Federal Government, (2)the above-stated law
enforcement agency("Agency"),and (3)the governing body,sets forth the requirements for participation in the
federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash, property,proceeds,
and any interest earned thereon,which are equitably shared with participating law enforcement agencies.
By submission of this form,the Agency agrees that it will be bound by the statutes and guidelines that regulate
shared assets and the following requirements for participation in the Department of Justice and Department of the
Treasury Equitable Sharing Programs. Receipt of the signed Equitable Sharing Agreement and Certification (this
"Document") is a prerequisite to receiving any equitably shared cash, property,or proceeds.
1.Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the
Agency's fiscal year. This Document must be submitted and signed electronically. This will constitute submission to
the Department of Justice and the Department of the Treasury.
2.Signatories. This agreement must be electronically 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,chairperson,secretary,city attorney,county attorney,district attorney, prosecuting attorney,state
attorney,commonwealth attorney,and attorney general. The governing body's 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,director,secretary,administrator,commissioner,and
governor. The governing body head cannot be from the law enforcement agency and must be from a separate entity.
3.Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines
that govern the Department of Justice and the Department of the Treasury Equitable Sharing Programs as set forth in
the current edition of the Guide to Equitable Sharing for State and Local Law Enforcement Agencies(Guide).
4.Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must first verify
with the Department of Justice that the receiving agency is a current and compliant Equitable Sharing Program
participant. Transfers of tangible property are not permitted.
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 other sources must not be commingled with federal equitable sharing funds.
The Agency agrees that such accounting will be subject to the standard accounting requirements and practices
employed by the Agency's jurisdiction as supplemented by requirements set forth in the current edition of the Guide,
including the requirement to maintain relevant documents and records for five years.
The misuse or misapplication of shared resources or supplantation of existing resources with shared assets is
prohibited. The Agency must follow its jurisdiction's procurement policies when expending shared funds. Failure to
comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the
current edition of the Guide.
6.Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB
Circular A-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic
random audits or reviews.
7. Freedom of Information Act. Information provided in this Document is subject to the FOIA requirements of the
Department of Justice and the Department of the Treasury.
Page 4 of 5 February 2015
Version 3-0
Affidavit
Under penalty of perjury,the undersigned officials certify that they have read and understand their obligations under
the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate
accounting of funds received and spent by the Agency under the Guide during the reporting period and that the recipient
Agency is compliant with the National Code of Professional Conduct for Asset Forfeiture.
The undersigned certify that the recipient Agency is compliant with the applicable nondiscrimination requirements of the
following laws and their implementing regulations: Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d etseq.),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 etseq.),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.
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? O Yes O No
If you answered yes to the above question,complete Table H
Agency Head Electronic Signature Governing Body Head Electronic Signature
Name: Steve Reams Name: Barbara Kirkmeyer
Title: Weld County Sheriff Title: Chair, Commissioners
Email: creams@co.weld.co.us Email: bkirkmeyer@co.weld.co.us
To the best of my knowledge and belief,the information provided on this form is true and accurate and has been duly reviewed and authorized by
the Law Enforcement Agency Head and the Governing Body Head whose names appear above. Their typed names indicate their acceptance of and
their agreement to abide by the policies and procedures set forth in the Guide to Equitable Sharing for State and Local Law Enforcement Agencies,
this Equitable Sharing Agreement,and any policies or procedures issued by the Department of Justice or the Department of the Treasury related to
the Asset Forfeiture or Equitable Sharing Programs.
❑X I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.
Final Instructions:
Step 1: Click to save for your records Step 3: Email the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format
Page 5 of 5 February 2015
Version 30
ATTACHMENT TO
EQUITABLE SHARING AGREEMNT AND CERTIFICATION
(page 6)
ATTEST: �r, ��'�= Yi�� BOARD OF COUNTY COMMISSIONERS
Weld Cunt Clerk to t�' B. d , WELD COUNTY, COLORADO
BY:
Deputy CI;.f k to th'- = �' �+ Mike Freeman, Pro—Tern
��,,,,,YFEB 2 3 2015
APPROVED AS T� FUN•' � APP /ED AS SUBSTANCE:
• /_ .�/' � / / �� / 1 --
Controller =6=7-=— Elected Official or Department Head
APPRO0 FORM: AIII�
r !/
Y/ /
Director of General Services
ount ktorne
Y
Jennifer Fuller
From: Alan Caldwell
Sent: Tuesday, February 10, 2015 1:08 PM
To: Jennifer Fuller
Cc: Barb Connolly
Subject: RE: Pass-around memo
Attachments: COMMISSIONER PASS AROUND REVIEW FORM FOR 2014 EQUITABLE SHARING
AGREEMENT docx: 2015-02-aca-form.pdf
Hi Jennifer:
Attached is the memo for the pass around and the Equitable Sharing Agreement and Certification form. The form
requires the Chairperson (Governing body head) to type their name to indicate acceptance (e-signature). Please let me
know if a work session will be needed, or any other steps in the process.
Note that I have to file the form no later than February 28r". Thanks.
Alan Caldwell
Captain -Weld County Sheriffs Office
1950 "0" Street
Greeley, CO 80631
970-356-4015 x 2808
acaldwell@co.weld.co.us
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,s privileged,confidential or otherwise protected from disclosure. It you have received this communication,n error, please
un rn ed lately notify sender by return e mail and destroy the communication.Any disclosure,copying,distribution or the taking of any a cnon concern,ng the contents
of this co m rnun ica t ion or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jennifer Fuller
Sent: Monday, February 09, 2015 11:14 AM
To: Alan Caldwell
Subject: Pass-around memo
Fill out info and email over documents with it, and I will pass-around to see if a work session is needed. O
Jenny Fuller
:: Office Manager, Board of Weld County Commissioners::
:: 970 336 7204::ifuller@co weld co us:: www weldgov,com ::
:: 1150 0 Street, P.O. Box 758, Greeley, Colorado 80631 ::
.into ,
ti'r
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