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Equitable Sharing Agreement
<br /> This Federal Equitable Sharing Agreement,entered into among(1)the Federal Government,(2)the above-stated law
<br /> enforcement agency("Agency"),and(3)the governing body,sets forth the requirements for participation in the
<br /> federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash,property,proceeds,
<br /> and any interest earned thereon,which are equitably shared with participating law enforcement agencies.
<br /> By its signatures,the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets
<br /> and the following requirements for participation in the federal Equitable Sharing Program. Receipt of the signed
<br /> Equitable Sharing Agreement and Certification(this"Document")is a prerequisite to receiving any equitably shared
<br /> cash,property,or proceeds.
<br /> 1.Submission. This Document must be submitted to aca.submit @usdoj.gov within 60 days of the end of the
<br /> Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax.
<br /> This will constitute submission to the Department of Justice and the Department of the Treasury.
<br /> 2.Signatories. This agreement must be signed by the head of the Agency and the head of the governing body.
<br /> Examples of Agency heads include police chief,sheriff,director,commissioner,superintendent,administrator,
<br /> chairperson,secretary,city attorney,county attorney,district attorney,prosecuting attorney,state attorney,
<br /> commonwealth attorney,and attorney general. The governing body's head is the person who allocates funds or
<br /> approves the budget for the Agency. Examples of governing body heads include city manager,mayor,city council
<br /> chairperson,county executive,county council chairperson,director,secretary,administrator,commissioner,and
<br /> governor.
<br /> 3.Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines
<br /> that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's
<br /> Guide to Equitable Sharing for State and Local Law Enforcement(Justice Guide),and the Department of the Treasury's
<br /> Guide to Equitable Sharing for Foreign Countries and Federal,State,and Local Law Enforcement Agencies (Treasury
<br /> Guide).
<br /> 4.Transfers. Before the Agency transfers cash,property,or proceeds to other state or local law enforcement
<br /> agencies,it must first verify with the Department of Justice or the Department of the Treasury,depending on the
<br /> source of the funds,that the receiving agency is a current and compliant Equitable Sharing Program participant.
<br /> 5.Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the
<br /> Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources
<br /> must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue
<br /> account or accounting code for state,local,Department of Justice,and Department of the Treasury forfeiture funds.
<br /> Interest income generated must be accounted for in the appropriate federal equitable sharing account.
<br /> The Agency agrees that such accounting will be subject to the standard accounting requirements and practices
<br /> employed for other public funds as supplemented by requirements set forth in the current edition of the Justice Guide
<br /> and the Treasury Guide,including the requirement in the Justice Guide to maintain relevant documents and records for
<br /> five years.
<br /> The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is
<br /> prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions
<br /> stipulated in the current edition of the Justice or Treasury Guides,depending on the source of the funds/property.
<br /> 6.Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB
<br /> Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic
<br /> random audits.
<br /> Page 4 of 5 October 2012
<br /> Version 2.1
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