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HomeMy WebLinkAboutAgreement A-17-435 with Federal Government.pdfEquitable Sharing Agreement and Certification OMB Number 1123-0011 Expires January 31, 2018 Agency Name: Fresno County Probation Department NCIC/ORI/Tracking Number: CA010013G Mailing Address: 3333 E. American Avenue, Suite B Type: Other Agency FY 2018 Budget: $83,884,015.00FY End Date: 06/30/2017 dwood@co.fresno.ca.usEmail:559-600-1244Phone: Wood, DanielleName: ESAC Preparer greinke@co.fresno.ca.usEmail:559-600-1247Phone: Name: Reinke, Greg Finance Contact Fresno, CA 93725 Annual Certification Report Begining Equitable Sharing Fund Balance (Must match Ending Balance from prior FY) Equitable Sharing Funds Received Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force (Complete Table B) Other Income Interest Income Total Equitable Sharing Funds Received (total of lines 1-5) Equitable Sharing Funds Spent (total of lines a - n below) Ending Equitable Sharing Funds Balance (difference between line 7 and line 6) Summary of Equitable Sharing Activity Justice Funds Treasury Funds $30,763.17 $0.00 $3,691.64 $0.00 $0.00 $0.00 $0.00 $0.00 $454.11 $0.00 $34,908.92 $0.00 $0.00 $0.00 $34,908.92 $0.00 1 2 3 4 5 6 7 8 Summary of Shared Funds Spent Law enforcement operations and investigations Law enforcement, public safety and detention facilities Training and education 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 Matching grants (Complete Table C) Transfers to other participating law enforcement agencies (Complete Table D) Support of community-based programs (Complete Table E) Non-categorized expenditures (Complete Table F) Salaries (Complete Table G) Total Justice Funds Treasury Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 a b c d e f g h i j k l m n Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS. 1 2 1 2 Date Printed: Page 1 of 4 February 2016 Version 3.2 07/24/2017 Table B: Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Treasury FundsJustice Funds Table C: Matching Grants Treasury FundsJustice Funds Matching Grant Name Table D: Transfers to Other Participating Law Enforcement Agencies Treasury FundsJustice FundsReceiving Agency Name Table E: Support of Community-based Programs Justice FundsRecipient Table F: Non-categorized expenditures in (a) - (n) Above Treasury FundsJustice FundsDescription Table G: Salaries Treasury FundsJustice FundsSalary Type 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. Did your agency purchase any controlled equipment? YES NOX Page 2 of 4Date Printed: Version 3.2 February 201607/24/2017 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. Affidavit 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 OMB Super Circular, Page 3 of 4Date Printed: Version 3.2 February 201607/24/2017 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? D Yes ~ No Agency Head Date: 7 -2y -r] To the best of my knowledge and belief, the information provided on this form is true and curate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head nam 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: Pacheco, Brian Title: Chairman, Board of Supervisors Email: District1 @co.fresno.ca.us ATTEST: ~~j_ Signature:------------------------Date: ~ 2.-:l.. 2ol'j 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 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. 0 I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. Date Printed:0?/24/2017 Page 4 of4 February 2016 Version 3.2 This approval signature page refers to the Federal Equitable Sharing Program Agreement and Certification, which Agreement is between the Federal Government and the COUNTY OF FRESNO, a political subdivision of the State of California, with the FRESNO COUNTY PROBATION DEPARTMENT acting as the designated law enforcement agency. EFFECTIVE as of the date set forth in the referenced Agreement. Chairman, Board of Supervisors Date: ~ a.,l 1 ~rl ATTEST: Bernice E. Seidel, Clerk Board of Supervisors Fund: 0075 Org: 1142 Subclass: 17302 Acct: 1450 COUNTY OF FRESNO Rick Chavez, Chief Probation Officer Date: _ __,l'---"-""2-_?_-_r_/....;......_ __ APPROVED AS TO LEGAL FORM Daniel C. Cederberg, County Counsel By~.~~-- eputy APPROVED AS TO ACCOUNTING FORM Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector By:~~r Deputy U.S. DEPARTMENT OF JUSTICE Equitable Sharing Request Form (DAG-71) For use by State and Local Law Enforcement Agencies Deadline for submission of this request is forty-five (45) days following the date of forfeiture. Asset Information Asset ID :_________________________________________________ Asset Description : ________________________________________________ Seizure Date : ________________________________________________ Seizure District : ________________________________________________ Processing District : ________________________________________________ Processing Agency Case No : ________________________________________________ Case Type : Adoption Joint Requesting State or Local Agency Requesting Agency :_______________________________________________ NCIC/ORI Number :_______________________________________________ Address 1 :_______________________________________________ Address 2 :_______________________________________________ City :_______________________________________________ State :_______________________________________________ Zip Code :_______________________________________________ Contact Person :_______________________________________________ Telephone Number :_______________________________________________ Email Address :_______________________________________________ Requesting Agency Case No :_______________________________________________ Request Type Request Type : Cash/Proceeds Item Requesting Agency Contribution How many workhours were expended in the seizure/forfeiture of this asset? :____________ Will sharing be based on pre-determined percentages in a Task Force Agreement that was applicable at the time of seizure/forfeiture? Yes No If so, please attach the Agreement. U.S. DEPARTMENT OF JUSTICE Asset ID: _______________________ Equitable Sharing Request Form Page 2 Detailed Narrative of Contribution to investigation, seizure and forfeiture of referenced asset (include workhours for this asset and qualitative factors, such as unique or indispensable assistance): U.S. DEPARTMENT OF JUSTICE Asset ID: ___________________________ Equitable Sharing Request Form Page 3 Late Submission Waiver Please explain why this form is being submitted more than 45 days past the date of forfeiture. U.S. DEPARTMENT OF JUSTICE Asset ID: ___________________________ Equitable Sharing Request Form Page 4 Certification by State or Local Requesting Agency I certify that the above information including, but not limited to, the number of workhours and the narrative contributions to the investigation, are true and accurate statements of this agency's activities. I further certify that the funds or property transferred will be used only for permissible law enforcement purposes, all funds received will be accounted for, and their use reported annually in accordance with the Department of Justice policies on Equitable Sharing. Falsified information on this form, failure to expend sharing funds permissibly, or failure to accurately report expenditures could result in the agency's suspension or expulsion from the Equitable Sharing Program. Name :___________________________________ Telephone Number : ___________________________ Title :___________________________________ Email Address :____________________________ ___________________________________ ___________________________ Signature Date U.S. DEPARTMENT OF JUSTICE Equitable Sharing Request Form General Instructions  Transfer of federally forfeited property is governed by the Department of Justice Attorney General's Guidelines on Seized and Forfeited Property (Guidelines).  Requesting state or local law enforcement agency (Agency) head or designee must complete the DAG-71. (Note: Incomplete or inaccurate information is the most common cause of delay in processing.)  A separate DAG-71 must be completed for each asset requested.  The deadline for submitting the DAG-71 to the federal investigative agency processing the forfeiture (federal agency) is 45 days following the date of forfeiture. A late waiver request must be included with DAG-71s submitted after the deadline. Acceptance of the late submission is at the discretion of the federal agency.  When the Agency requests tangible property in lieu of proceeds, the Agency must return costs and the appropriate federal equitable share to the United States. If the Agency is unable to pay the costs and federal share, the property will be liquidated and the proceeds distributed proportionally. DAG-71 Asset Information This section will be pre-populated with information related to the asset being requested. Requesting State or Local Agency Provide all information requested. Contact Person is the person who will have specific information regarding the Agency’s contribution to the seizure and forfeiture of the requested asset. Request Type You must select either "Item" (if requesting the asset) or "Cash/Proceeds" (if requesting a percentage of the asset). Requesting Agency Contribution & Detailed Narrative This section of the DAG-71 form will be used to evaluate the Agency’s contributions to the seizure and forfeiture of the requested asset. Accurately report all workhours contributed to the seizure and forfeiture of the asset, not the entire investigation. The narrative section must include any qualitative factors that serve to support a sharing award. For example, if the Agency contributed unique or indispensable support, the activities must be detailed in the narrative section. If sharing percentages are pre-defined in a task force agreement, the agreement must be included with the submission. Late Submission Waiver (if applicable) Indicate specific reasons as to why the DAG-71 is being submitted more than 45 days following the date of forfeiture. Acceptance of late submissions is at the discretion of the federal agency. Certification by State or Local Requesting Agency Agency head or his/her designee must certify that the information provided in the above sections is true and accurate.