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Home My WebLink About32931Equitable Sharing Agreement and Certification 0MB Number 1123-0011 Expires January 31, 2018 NCIC/ORI/Tracking Number: CA010023A Agency Name: Fresno County District Attorney Type: Prosecutor's Office Mailing Address: 2220 Tulare Street, Suite 1000 Fresno, CA 93721 Finance Contact Name:. Rusconi, Stephen Phone: (559) 600-4447 ESAC Preparer Name: Falcon, Ruth Phone: (559) 600-4464 Email :srusconi@fresnocountyca.gov Email: rfalcon@fresnocountyca.gov FY End Date: 06/30/2018 Agency FY 2019 Budget: $46,524,799.00 1 2 3 4 5 6 7 8 a b C d e f g h i j k I m n Annual Certification Report Summary of Equitable Sharing Activity Justice Funds 1 Begining Equitable Sharing Fund Balance $394,477.50 (Mu�t match Ending Balance from prior FY) Equitable SharinQ Funds Received $0.00 Equitable Sharing Funds Received from Other Law $0.00 Enforcement Aaencies and Task Force (Comolete Table Bl Other Income $0.00 lntefrest Income $6,477.28 Total Equitable Sharing Funds Received (total of lines 1-5) $400,954.78 EqLJitable Sharing Funds Spent (total of lines a - n below) $50,000.00 Ending Equitable Sharing Funds Balance $350,954.78 (diff!!lrence between line 7 and line 6) 2 Treasury Funds $27,233.60 $0.00 $0.00 $0.00 $607.84 $27,841.44 $0.00 $27,841.44 1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA 2De?artment of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS. Summary of Shared Funds Spent Law enforcement operations and investigations Training and education Law enforcement, public safety and detention facilities Law enforcement equipment Joint law enforcement/public safety operations Contracting for services Law enforcement travel and per diem Law enforcement awards and memorials Drug, gang and other education or awareness programs MatchinQ Qrants (Complete Table C) Transfers to other participating law enforcement l::im:>nr'iPc:: ,,-T"hl.,n\ Suooort of community-based proQrams (Complete Table El Non-categorized expenditures (Complete Table Fl Saiaries (Complete Table G) Total Justice Funds $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 Treasury Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ·�;;�-,e r-��-,.;/�4:___.:�� a ,-?;1�, ;�•;:.;��:�� $0.00 $0.00 $0.00 Date Printed: 07/25/2018 Page 1 of 4 February 2016 Version 3.2 Agreement No. 18-486 Table B: Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Justice Funds Treasury Funds Table C: Matching Grants Matching Grant Name Justice Funds Treasury Funds Table D: Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds Table E: Support of Community-based Programs I Recipient Justice Funds I:-<, <' �� -----;....-,-1,_p....,._ Table F: Non-categorized expenditures in (a) -(n) Above Description Justice Funds Treasury Funds Table G: 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 0MB 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. Washinoton DC 20005. Did your agency purchase any controlled equipment? D YES I&! NO -ji Date Printed:07/25/2018 Page 2 of 4 February 2016 Version 3.2 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 in compliance 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 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 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 within 60 days of the end of the Agency's fiscal year. This Document must be signed and submitted electronically. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury. 2.Signatories. This agreement 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, 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, 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 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 certifies that funds are maintained by the jurisdiction maintaining appropriated funds and agrees that such accounting 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 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 0MB Super Circular, Date Printed:07/25/2018 Page 3 of 4 February 2016 Version 3.2 Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. 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. 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; .Q! (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? Agency Head Name:Smittcamp, Lisa A Title: District Attorney Email: lsmittcamp@fresnocountyca.gov D Yes I&] No Date: 08/21/2018 To the best of my knowledge and belief, the infonnation provided on this fonn 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 acceptance of and agreement to abide by the policies and procedures set forth in the Guide to Equitable Sharing for State and Local Law Enforcement Agencies, including ensuring permissibility of expenditures and following all required procurement policies and procedures . Entry of the Agency Head name above also indicates his/her acceptance of and agreement to abide by requirements set forth In 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 . The Law Enforcement Head also certifies that no items on the Prohibited list, as detailed in "Recommendations Pursuant to Executive Order 13688", were purchased with equitable sharing funds on or after October 1, 2015. Governing Body Head Name: Quintero, Sal Title: Chairperson , Board of Supervisors Email : District3@fresnocountyca .gov Date: 08/21/2018 To the best of "11..!:-•~.....,--u belief, the agency's current fiscal year budget reported on this fonn is true and accurate and the Govern ing 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 acceptance of and agreement to abide by the policies and procedures set forth in the Guide lo 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. IE I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. ATTEST: BERNICE E . SEIDEL Clerk of the Board of Supervisors County of Fresno, State of California By ~ ~sba:,p Deputy Date Printed :07/13/2018 Page 4 of4 February 2016 Version 3.2