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HomeMy WebLinkAboutAgreement A-17-429 with Federal Government.pdfAgreement No. 17-429 OMB Number 1123-0011 Expires January 31 , 2018 Equitable Sharing Agreement and Certification NCIC/ORI/Tracking Number: CA01 0023A Agency Name: Fresno County District Attorney 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@co. fresno.ca. us Email: rfalcon@co.fresno .ca .us Type: Prosecutor's Office FY End Date: 06/30/2017 Agency FY 2018 Budget: $43 ,497 ,797.00 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 $438,013.92 (Must match End in g Balance from prior FY) Equitable Sharing Funds Received $221 .36 Equitable Sharing Funds Received from Other Law $0 .00 Enforcement Aqencies and Task Force (Complete Table Bl Other Income $0.00 Interest Income $6 ,242.22 Total Equitable Sharing Funds Received (total ot lines 1-s) $444 ,477.50 Equitable Sharing Funds Spent (total of lin es a-n below) $50 ,000.00 Ending Equitable Sharing Funds Balance $394 ,477 .50 (difference between lin e 7 and line 6) .. 1Department of Justice Asset Forfeiture Program part1c1pants 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 Law enforcement operations and investigations $0.00 Training and education $50 ,000.00 Law enforcement, public safety and detention facilities $0.00 Law enforcement equipment $0.00 Joint law enforcement/public safety operations $0.00 Contracting for services $0 .00 Law enforcement travel and per diem $0 .00 Law enforcement awards and memorials $0 .00 Drug , gang and other education or awareness programs $0 .00 Matching grants (Complete Table C) $0 .00 Transfers to other participating law enforcement $0 .00 aaencies 'TableD\ Support of community-based programs (Complete Table E) $0 .00 Non-categorized expenditures (Complete Table F) $0 .00 Salaries (Complete Table G) $0 .00 Total $50 ,000 .00 Date Printed : 07/14/2017 Page 1 of4 2 Treasury Funds $7,155 .25 $19 ,580.71 $0 .00 $0.00 $497 .64 $27 ,233.60 $0 .00 $27 ,233 .60 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 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; .2! {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@co. fresno. ca. us S~nature ~;;D~ 0 Yes ~ No Date: 08/22/2017 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/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 wnh 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 Signature: -----------------------------Date: 08/22/2017 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. D I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. ATIEST: BERNICE E . SEIDEL, Clerk Board of Supervisors By Su$bM &s'b ().{? Deputy Date Printed:07/14/2017 Page 4 of4 February 2016 Version 3.2 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.