HomeMy WebLinkAboutAgreement A-18-507 with the Federal Government.pdfEquitable Sharing Agreement and Certification
NCIC/ORI/Tracking Number: CA010013G
Agency Name: Fresno County Probation Department
Mailing Address: 3333 E. American Avenue , Suite B
Fresno , CA 93725
Finance Contact
Name: Reinke , Greg
Phone: 559-600-1247
ESAC Preparer
Name: Reinke , Greg
Phone: 559-600-1247
Email:greinke@co.fresno .ca .us
Email: greinke@co.fresno.ca .us
Type: Other
Agreement No . 18-507
0MB Number 1123-0011
Expires January 31 , 2018
FY End Date: 06/30/2018 Agency FY 2019 Budget: $93,643 ,770 .00
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Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds 1
Begining Equitable Sharing Fund Balance $34 ,908 .92
(Must match Ending Balance from prior FY)
Equitable SharinQ Funds Received $0 .00
Equitable Sharing Funds Received from Other Law $0 .00
Enforcement Aoencies and Task Force (C omplete Table Bl
Other Income $0 .00
Interest Income $587.14
Total Equ itable Sharing Funds Received (total of lines 1-s) $35 ,496.06
Equitable Sharing Funds Spent (total oflines a - n below) $0 .00
Ending Equitable Sharing Funds Balance $35 ,496 .06
(difference between line 7 and line 6)
1Department of Justice Asset Forfeiture Program participants 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 equ ipment $0.00
Joint law enforcement/publ ic 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
Matchinq Qrants (Complete Table C) $0 .00
Transfers to other participating law enforcement $0 .00 ,_ ·-T:>hl,.m
Suooort of communitv-based proorams (Complete Table El $0 .00
Non -categorized expend itures (C omplete Table F) $0.00
Salaries (C omplete Table G) $0 .00
Total $0 .00
Date Printed : 08/16/2018 Page 1 of 4
2 Treasury Funds
$0 .00
$0 .00
$0 .00
$0 .00
$0 .00
$0 .00
$0 .00
$0.00
Treasury Funds
$0.00
$0.00
$0.00
$0.00
$0.00
$0 .00
$0.00
$0.00
$0.00
$0.00
$0 .00
·--
$0 .00
$0 .00
$0 .00
February 2016
Version 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.
Did your agency purchase any controlled equipment? 0 YES I&! NO
Date Printed :08/16/201 e Page 2 of 4 February 2016
Vers ion 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 pemiitting 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 pemiitted .
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 :08/16/201 e Page 3 of 4 February 2016
Vers ion 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?
D Yes Pl! No
Agency Head
Name: Haynes, Kirk
Title : Chief Probation Officer
Email : khaynes@fresnocountyca .gov
Signature ~ Date : 08/21/2018
To the best of my knowledge and bel ief, 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 ab ide 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 Proh ibited 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: Qu intero , Sal
Title : Chair , Board of Supervisors
Email : District3@co.fresno .ca .us
Date: 08/21/2018
To the best of my d 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 h is/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 Forfeitu re or Equitable Sharing Programs.
~ I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.
ATTEST:
BERN ICE E . SEIDE L
Clerk of t he Board of Supervisors
County of Fresno , State of California
By 9,,1,sd\,40 b1s.h-01)
Deputy
Date Printed :08/16/201€ Page 4 of 4 February 2016
Version 3.2