HomeMy WebLinkAbout2019 Ordinance No. 013ORDfNANCE NO. l}
SERIES 2019
BY AUTHORITY
COUNCIL BILL NO.1
fNTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "EQUITABLE SHARING AGREEMENT AND CERTIFICATION"
BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED
ST A TES DEPARTMENT OF TREASURY AND THE CITY OF ENGLEWOOD,
COLORADO ACCEPTING FORFIETURE MONIES DURING FISCAL YEARS
2018,2019,2020,2021.
WHEREAS, this Agreement sets forth the requirements for participation in the federal equitable
sharing program and the restrictions upon the use of the federally forfeited cash , property, proceeds and
interest earned thereon, which are equitably shared with participating law enforcement agencies;
WHEREAS , Englewood periodically receives monies from the Justice Department and Treasury
Department for participation or assistance provided to these agencies such as the Internal Revenue Service
(IRS), Drug Enforcement Agency (DEA) and the Federal Bureau of Investigation (FBI);
WHEREAS , these funds are used for law-enforcement purposes, such as equipment purchases and
training ;
WHEREAS, to participate in the program , the City annually signs the Equitable Sharing Agreement
and Certification ;
WHEREAS , the City places this money into designated accounts and tracks deposits , expenditures and
interest on these accounts;
WHEREAS, within 60 days of the City 's fiscal year-end the Equitable Sharing Agreement and
Certification is signed and submitted to the federal government certifying compliance with federal forfeiture
guidelines;
WHEREAS, the Englewood City Council authorized an IGA for Federal Equitable Sharing Agreement
and Certification" for the fiscal years of 20 l 0 , 2011 , 2012 and 2013 by the passage of Ordinance No. 17 ,
Series of 2012;
WHEREAS , the Englewood City Council authorized an IGA for Federal Equitable Sharing Agreement
and Certification" for the fiscal years of 2014, 2015 , 2016 and 2017 by the passage of Ordinance No . 6 ,
Series of 2014;
WHEREAS, authorization of this Agreement is required for the City of Englewood 's continuation of
participation in the United States Department of Justice Federal Equitable Sharing and Certification
Program and will authorize the City 's participation in this program for 2018, 2019, 2020 and 2021; and
WHEREAS , federal funds are being used for these projects.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. The City Council of the City of Englewood, Colorado hereby authorizes the "Equitable
Sharing Agreement and Certification" between the United States Depa,tment of Justice , United States
Department of Treasury and the City of Englewood , Colorado pertaining to the disbursement, with
restrictions , of federally seized or forfeited cash or other property for 2017, which will be received in
February 2018, attached hereto as "Exhibit A ".
Section 2. The City Council of the City of Englewood , Colorado hereby authorizes the "Federal
Equitable Sharing Agreement and Certification " between the United States Department of Justice , United
States Department of Treasury and the City of Englewood , Colorado pertaining to the di s bursement, with
restrictions , of federally seized or forfeited cash or other property for 2018, which will be received in
February 2019.
Section 3. The City Council of the City of Englewood , Colorado hereby authorizes the "Federal
Equitable Sharing Agreement and Certification" between the United States Department of Justice , United
States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with
restrictions , of federally seized or forfeited cash or other property for 2019 , which will be received in
February 2020.
Section 4. The City Council of the City of Englewood , Colorado hereby authorizes the "Federal
Equitable Sharing Agreement and Certification" between the United States Department of Justice, United
States Department of Treasury and the City of Englewood , Colorado pertaining to the disbursement, with
restrictions, of federally seized or forfeited cash or other property for 2020, which will be received in
February 2021.
Section 5. The federal forfeiture funds , proceeds and or property are received from the Department of
Justice and Treasury Department. The federal forfeiture fund s, proceeds and or property are to be used in
accordance with federal statutes and guidelines. The costs to the City are limited to the costs of processing
and accounting of the funds, which costs are budgeted annually in the Police budget.
Section 6. The City Manager is hereby authorized to s ign said Intergovernmental Agreement between
the United States Department of Justice and the City of Englewood, Colorado pertaining to the
disbursement, with restrictions , offederally seized or forfeited cash or other property, on behalf of the City
of Englewood for 2018.
Section 7. The City Manager is hereby authorized to sign said Intergovernmental Agreement between
the United States Department of Justice and the City of Englewood, Colorado pertaining to the
disbursement, with restrictions , offederally seized or forfeited cash or other property, on behalf of the City
of Englewood for 2019.
Section 8. The City Manager is hereby authorized to s ign said Intergovernmental Agreement between
the United States Department of Justice and the City of Englewood, Colorado pertaining to the
disbursement, with restrictions , offederally seized or forfeited cash or other property , on behalf of the City
of Englewood for 2020.
Section 9. The City Manager is hereby authorized to sign said Intergovernmental Agreement between
the United States Department of Justice and the City of Englewood , Colorado pertaining to the
disbursement, with restrictions , of federally seized or forfeited cash or other property, on behalf of the City
of Englewood for 2021 .
Introduced , read in full , and passed on first reading on the 4th day of March, 2019.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 7th day of
March , 2019 .
Published as a Bill for an Ordinance on the City 's official website beginning on the 6th day of
March , 2019 for thirty (30) days.
Read by Title and passed on final reading on the 18th day of March , 2019 .
Published by Title in the City 's official newspaper as Ordinance No . 13 , Series of 2019, on the
2 l5 1 day of March , 2019.
Published by title on the City 's official website beginning on the 20 th day of March, 2019 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after public tion following fi < .
Lind
ATTEST:
I, Stephanie Carlile, City Clerk of the City of Englewood , Colorado, hereby certify that the above
and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance
No. 13 , Series of 2019.
EXHIBIT A
0 MB Nu mber 11 23-001 1
Ex pires : November 30 , 2021
Equitable Sharing Agreement and Certification • NCIC/ORI/Tracking Number: CO0030100
Agency Name: Englewood Police Department Type: Police Department
Mailing Address: 3615 S Elati St
Englewood , CO 80110
Agency Finance Contact
Name: Cassai , Kathy
Phone: 303-762-2411
Jurisdiction Finance Contact
Name: Sobota , Maria
Phone:3037622416
ESAC Preparer
Name: Cassai, Kathy
Phone: 303-762-2411
Email : kcassai@englewoodco .gov
Email : msobota@englewoodco.gov
Email: kcassai@englewoodco .gov
FY End Date: 12/31/2018 Agency FY 2019 Budget: $14 ,642 ,956 .00
1
2
3
4
5
6
7
8
a
b
C
d
e
f
Q
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds 1
Begining Equitable Sharing Fund Balance $74 ,841 .90
Equitable Sharing Funds Received $51 ,717.49
Equitable Sharing Funds Received from Other Law Enforcement $0 .00
Agencies and Task Force
Other Income $0 .00
Inte rest Income $237 .87
Total Equitable Sharing Funds Received (total of lines 1-5) $126 ,797 .26
Equitable Sharing Funds Spent (total of line s a -n) $124,350.45
Ending Equ itable Sharing Funds Balance $2,446 .81
!(difference betw een line 7 and lin e 6 )
1Department of Justice Asset Fo rfeitu re Program participants are : FBI , DEA, ATF , USP IS , USDA, DC IS , DSS , and FDA
2Department of the Treasury Asset Forfeiture Program participants are : IRS , ICE , CBP and USSS .
Summary of Shared Funds Spent Justice Funds
ILaw Enforcement Operations and lnvestIgatIons $27 ,000 .00
Training and Education $0 .00
Law Enforcement , Publ ic Safety , and Detention Facil ities $0 .00
Law Enforcement Equipment $97,350.45
Joint Law Enforcement/Public Safety Equipment and Operations $0 .00
Contracts for Services $0 .00
Law Enforcement Trave l and Per Diem $0 .00
h Law Enforcement Awards and Memorials $0 .00
i Drug , Gang , and Other Education or Awareness Programs $0 .00
j Matching Grants $0.00
k Transfers to Other Participating Law Enforcement Agencies $0 .00
I Support of Community-Based Programs $0 .00
m Non-Categorized Expenditures $0 .00
n Salaries $0 .00
Total $124 ,350.45
Date Printed : 02/12/2019
2 Treasury Funds
$569 .93
$0 .00
$0.00
$0 .00
$0.00
$569 .93
$569 .93
$0 .00
Treasury Funds
$0 .00
$0.00
$0 .00
$569.93
$0 .00
$0 .00
$0 .00
$0 .00
$0 .00
$0.00
$0.00
I fi.'.'"",;,:,qr,,-'§~ ,---~
$0.00
$0 .00
$569.93
Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name Justice Funds Treasury Funds
Other Income
Other Income Type Justice Funds Treasury Funds
Matching Grants
Matching Grant Name Justice Funds Treasury Funds
Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name Justice Funds Treasury Funds
Support of Community-Based Programs
Recipient Justice Funds
Non-Categorized Expenditures
Description Justice Funds Treasury Funds
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 at 1400 New York Avenue, N.W., Washington, DC 20005.
Privacy Act Notice
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance.
Information collected is covered by Department of Justice System of Records Notice , 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or ir
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.
Independent Auditor
Name: Jim Hinkle
Company: Hinkle & Company
Phone: 303-796-1000
Date Printed: 02/12/2019
Single Audit Information
Email: Jim@HinkleCPAs.com
Page 2 of 5
Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of
Federal Awards (SEFA)?
YES IB) NO 0
Prior year Single Audit Number Assigned by Harvester Database:
Date Printed: 02/12/2019 Page 3 of 5
Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this
Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials
certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate
accounting of funds received and spent by the Agency.
The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following
laws and their Department of Justice 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 Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the
Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the
restrictions upon the use of federally forfeited funds, property, and any interest earned thereon , which are equitably shared
with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and
all subsequent updates, this Equitable Sharing Agreement , and the applicable sections of the Code of Federal Regulations.
Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.
1. Submission. The ESAC must be signed and electronically submitted within 60 days of the end of the Agency's fiscal year.
Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.
2. Signatories. The ESAC 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, county attorney, district
attorney, prosecuting attorney, state attorney, commonwealth attorney , and attorney general. The governing body 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 an official or employee of the Agency and must be from a separate entity.
3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent
updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies , it must obtain written
approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.
Agencies that transfer or receive equitable sharing funds must perform sub-recipient monitoring in accordance with the Code
of Federal Regulations.
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 any other sources must not be commingled with federal equitable sharing funds.
The Agency certifies that equitable sharing funds are maintained by the entity that maintains the Agency's appropriated or
general funds and agrees that the funds 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 Guide, any subsequent updates, and the Code
of Federal Regulations, including the requirement to maintain relevant documents and records for five years.
The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or
assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.
Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject
the Agency to sanctions.
6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of
1996 and 0MB Uniform Administrative Requirements , Costs Principles, and Audit Requirements for Federal Awards. The
Agency must report its equitable sharing expenditures on the Schedule of Expenditures of Federal Awards (SEFA) under
Catalog of Federal Domestic Assistance number 16.922 for Department of Justice and 21.016 for Department of the
Treasury. The Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
Date Printed : 02/12/2019 Page 4 of 5
7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the
Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies.
8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Money Laundering and Asset
Recovery Section of the Department of Justice and the Executive Office for Asset Forfeiture of the Department of the
Treasury of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds.
Civil Rights Cases
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; or (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:Collins, John
Title: Police Chief
Email: jcollins@englewoodco.gov
D Yes ~ No
Signature: _______________________ _ Date:
To the best of my knowledge and belief, the information provided on this ESAC 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 agreement to abide by the Guide, any
subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies
and procedures .
Governing Body Head
Name: Hargrove, Dorothy
Title: Interim Acting City Manager
Email: dhargrove@englewoodgov.org
Signature:----',:::,~......,,,......------~...,..__</~~~~~---
Date:
To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC 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 agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and
the Code of Federal Regulations .
~ I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the
Governing Body Head.
Date Printed: 02/12/2019 Page 5 of 5