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Home My WebLink AboutAgreement A-15-400 with Equitable Sharing.pdf.pdf1 2 3 4 5 6 7 8 Agreement No. 15-400 Equitable Sharing Agreement and Certification OMB Number 1123-0011 Expires January 31,2018 0 Police Department 0 Sheriff's Office 0 Task Force (Complete Table AI ® Prosecutor's Office 0 National Guard Counterdrug Unit O Other *Please fill each required field. Hover mouse over any fiflable field for pop-up Instructions. * Agency Name: Fresno County District Attorney NCIC/ORI/Tracking Number: I C I A I 0 I 1 I 0 I 0 I 2 I 3 I A I Mailing Address: 2220 Tulare Street, Suite 1000 City: Fresno State: -=C:..:A:___ Zip: 93721 Finance Contact: First: Stephen Last: Rusconi ====~-------------- Phone: (559) 600-4447 Email: srusconi@co.fresno.ca.us ==~~~====~------------- Preparer: First: Ruth Last: Falcon ~~~----------- 0 Sameas ( ) J fr Finance Contact Phone: 559 600-4464 Emai : .::rf::hl::c:::o::n:::@:::..::c::o::. :.e:::s::n::o:.:.c=:a:::·::u::s __________ _ Last FY End Date: 06/30/2015 Agency Current FY Budget: ____ c:_$4:..:0:.c,1::2::.5'-=,1_:_78:.:.0:..:0:.. 0 New Participant: Read Equitable Sharing Agreement and sign Affidavit ~) Existing Participant: Complete Annual Certification Report, read Equitable Sharing Agreement, and electronically sign Affidavit CJ Amended Form: Revise Annual Certification Report, read Equitable Sharing Agreement, and electronically sign Affidavit Annual Certification Report Summary of Equitable Sharing Activity Justice Funds' Beginning Equitable Sharing Funds Balance (Must match Ending Balance from prior FY) $496,439.66 Equitable Sharing Funds Received $65,530.85 Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (Complete Table B) Other Income Interest Income C Non-Interest Bearing Ci' Interest Bearing $7,325.49 Total Equitable Sharing Funds (total of lines 1-5) $569,296.00 Equitable Sharing Funds Spent (total of lines a-n below) $95,123.03 Ending Equitable Sharing Funds Balance (difference between line 7 and line 6) $474,172.97 1Departmentof Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA. DCIS, DSS, and FDA. 2Departmentofthe Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP, AND USSS. Page 1 of5 ' Treasury Funds $2,750.55 $4,160.75 $119.09 $7,030.39 $7,030.39 February 2015 Version 3.1 of Shared Funds Spent a Law enforcement operations and Investigations b Training and education c Law enforcement, public safety, and detention facilities d Law enforcement equipment 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 q k .,.,,,_,.to otn~~) 1a01e 1 I , law to • C< "·~< I Support of community-based programs (Complete Table E) m Non-categorized expenditures (Complete Table F) n Salaries (Complete Table G) Please fill out the following tables, if applicable. Table A: Members of Task Force Agency Name Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name City and State ' ' Agency Name: I NCIC/ORI!Tracking Number: I Table C: Matching Grants Matching Grant Name I I I I I I I I I Page2of5 Justice Funds I $47,700.83 ~:,'·fi $47,422.20 Total: $95,123.03 NCIC/ORI!Tracking Number Ill I I I I I I I II Justice Funds Treasury Funds I c=J CJ Justice Funds Treasury Funds Ill Ill II February 2015 Version 3.1 TableD: Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name, City, and State Justice Funds Treasury Fund Table E: Support of Community-based Programs Recipient Table F: Expenditures not Categorized in (a)-(n) Above Description Return of Proceeds to United States Marshals Service Table G: Salaries Salary Type OOvertime 0 DARE/SRO Officer 0 Match for Federal Salary Grant C Federal Task Force Replacement Officer Justice Funds Justice Funds Treasury Funds $47,422.20 II Justice Funds II Table H: Civil Rights Cases Name of Case Type of Discrimination Alleged DRace D Color D National loG d Origin en er D Disability D Age D 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. Page3of5 February 2015 Version 3.1 Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency'1, 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 1 996 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. Page4of5 February 2015 Version 3.1 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 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 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 pa~tfi~cal ye!li; (1 J,h~s ~bi,~ourt. or adll)l~i~t~~~hie age~~y·i~su~d ilny finding,, judginent,or lfeiermina~jQn'*a~ t!1.e Agericydi~ci'iininilted "gilinsfany p¢rson en group jn ..• v.io!ilt,!on of '!rY:c~f ~.~~·· f~C!~.~al C:!~l\!~ig~is stat~;~.tes.l ~st,e~,~~~~~e; or.!~).,h~s. t~e Ap~~cy entl!red •· ·into atly settlement agreement witlj,i'espect to any complainffiled,with a,court or · · ·· ... ·· · · .. admiilistratiiteagency iill~ging ~~~(the AgetJcy disc~imir~ated .ag~inst any pe·r~ori:or grou.p i~ viol~~!llrl ot~~y;~~ ~lt.e:fe~.~r~,r. civ!! .~i~Jht~ sta~u~l!~ !i~~~d ~~~~y~.? ,,',()yes ·.®No · · r ~::.'-::'.::-·:. --.. J:: > ;;: --~j::~-/' /· :_ '::" .. ~!:::{{',';:t;";::~ · .!';): c; ,'~;;;r::~: .. ·' . ·--·.:::<!' ''i! <:'r·i:} .··:;;:::::rJ;::~:.f'··, , ... · :(::;;::;;:;·, \ ' .. · · ·.{ ~<: ·--.. ,, If you i!!'swe~et\ ~es to the.a~ov4il quj!5tio!J, co~P,l~te Ti!bleH , Agency Head Electronic Signature Name: Lisa A. Smittcamp Title: District Attorney Email: lsmittcamp@co.fresno.ca.us To the best of my knowledge and belief, the Information provided on this form 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/h'er acceptance of and agreement to abide by the policies and procedures set forth In the Guide to Equitable Sharing for State and Loco/Low 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 Ust, as detailed In "Recommendations Pursuant to Executive Order 13688", were purchased with equitable sharing funds after May 18,2015. Governing Body Head Electronic Signature Name: Deborah Poochigian Title: Chairman, Board of Supervisors Email: dpoochigian@co.fresno.ca.us To the best of my knowledge and belief, the agency's current fiscal year budget reported on this form 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 acceptance of and agreement to abide by the policies and procedures set forth in the Guide to Equitable Sharing for State and Locall.aw 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. [gJ 1 certify that 1 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 2: Click to save in XML format ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors By Su~ Bish0P Deputy Step 3: Email the XML fife to aca.submit@usdoj.gov PageS of5 February 2015 Version 3.1