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HomeMy WebLinkAboutAgreement A-17-431 with Federal Equitable Sharing Program.pdfAgreement No. 17-431 Equitable Sharing Agreement and Certification NCIC/ORI/Tracking Number: CA01 00000 Agency Name: Fresno County Sheriff-Coroner Mailing Address: 2200 Fresno Street Fresno , CA 93721 Finance Contact Type: Sheriff's Office Name: Sandhu , Surinder Phone:5596008578 Emaii:SURINDER.SANDHU@FRESNOSHERIFF.ORG ESAC Preparer Name: Sandhu , Surinder Phone:5596008578 Email: SURINDER.SANDHU@FRESNOSHERIFF.ORG OMB Number 1123-0011 Expires January 31 , 2018 FY End Date: 06/30/2017 Agency FY 2018 Budget: $208 ,690,669 .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 $1 '115, 128.94 (Must match End ing Balance from prior FY ) Equitable Sharing Funds Received $401 ,298.91 Equitable Sharing Funds Received from Other Law $0 .00 Enforcement Aqencies and Task Force (Complete Table Bl Other Income $0 .00 Interest Income $24 ,309 .83 Total Equitable Sharing Funds Received (total of lines 1-5) $1 ,540 ,737 .68 Equitable Sharing Funds Spent (total ot lines a -n below) $1 ,400 ,000 .00 Ending Equitable Sharing Funds Balance $140,737 .68 (difference between line 7 and line 6) .. 1Department of Just1ce 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 $0 .00 Law enforcement, public safety and detention facilities $0 .00 Law enforcement equipment $1,400 ,000 .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 I Comolete Table Dl 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 $1,400 ,000 .00 Date Printed : 07/25/2017 Page 1 of 4 2 Treasury Funds $1 ,361 ,194.76 $1 ,836 ,242.33 $0 .00 $0 .00 $0 .00 $3 ,197,437.09 $601 ,756 .17 $2,595 ,680.92 Treasury Funds $0 .00 $14 ,719 .90 $25 ,260.00 $561 ,776 .27 $0 .00 . $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $601 ,756 .17 February 2016 Vers ion 3.2 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 recipient Justice Funds 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. Washinaton DC 20005. Controlled Equipment List Reporting Pursuant to Executive Order 13688, "Federal Support for Local Law Enforcement Equipment Acquisition", a list of Controlled Equipment was developed. Should an agency intend to purchase controlled equipment with federal funding, including equitable sharing funds, the agency is required to take additional steps m!,2[ to purchasing the controlled equipment. The Table below must be used to report controlled equipment purchased by law enforcement agencies who have taken the necessary steps prior to purchasing the controlled equipment. Please note the amount of the expenditure for items reported below should also be reported in category d, "Law Enforcement Equipment" in the "Summary of Shared Funds Spent" section of the ESAC. If the agency purchased multiple pieces of the same controlled equipment (e.g., two airplanes) each piece of controlled equipment must be reported separately in this Table. Controlled Equipment Controlled Equipment Type Manned Aircraft, Rotary Wing Date Printed:07/25/2017 Justice Funds $1,400,000.00 Page 2 of4 Treasury Funds February 2016 VersiOl'l 3.2 Affidavit Under penalty of perjury, the undersigned officials certify that they have read and understand their obllgatlons 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 Agreemen~ 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 ea med 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, oommissioner, 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 praetices 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:07/25/2017 Page 3 of 4 February 2016 Veraion3.2 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 aud its 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: Mims, Margaret Title: Fresno County Sheriff-Coroner Email: Margaret. Mims@Fresnosheriff.org 0 Yes ~ No Date: To the best of my knowledge and b 1 f, the information provided on th is form is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose na e 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, includ i ng 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 Signature: __ vl~·__:___:~-~----------------Date : 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 ab ide 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. ATTEST: BERNICE E . SEIDEL, Clerk Board of Supervisors By 3u.$Dvy'. ~sb ~ Deputy Date Printed:0?/25/2017 Page 4 of4 February 2016 Version 3 .2 1 2 3 Federal Asset Forfeiture Equitable Sharing Agreement and Certification -Fiscal Year 2017-18 4 5 REVIEWED & RECOMMENDED FOR APPROVAL 6 7 A/s. ~ .. 8 MARGARET MIMS, Sheriff-Coroner 9 10 APPROVED AS TO LEGAL FORM: 11 Daniel C. Cederborg, County Counsel 12 13 14 15 16 17 APPROVED AS TO ACCOUNTING FORM: 18 Oscar J. Gare·', C. ·t·· Auditor-Controller/Treasurer-Tax Collector 19 J 20 21 22 Fund Subclass 23 ORG Account 24 25 26 27 28 0095 17658 & 17662 1459 & 1463 3315 I 1 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 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 Requesting Agency Contribution 0 Adoption 0 Joint 0 Cash/Proceeds 01tem How many work.hours 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 O No 0 If so, please attach the Agreement. U.S. DEPARTMENT OF JUSTICE Equitable Sharing Request Form Asset ID: -----------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 Equitable Sharing Request Form Late Submission Waiver AssetID: _________ _ Page3 Please explain why this form is being submitted more than 45 days past the date of forfeiture. U.S. DEPARTMENT OF JUSTICE Equitable Sharing Request Form Certification by State or Local Requesting Agency Asset ID: -----------Page 4 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" (ifrequesting 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.