Laserfiche WebLink
Equitable Sharing Agreement <br />This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated <br />law enforcement agency ("Agency"),and (3) the governing body, sets forth the requirements for participation in <br />the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, <br />proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement <br />agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate <br />shared assets and the following requirements for participation in the federal equitable sharing program. Receipt <br />of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any <br />equitably shared 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 page (page 5) <br />submitted by fax. This will constitute submission to the Department of Justice and the Department of 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 <br />council chairperson, county executive, county council chairperson, director, secretary, administrator, <br />commissioner, and governor. <br />3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and <br />guidelines that govern the federal equitable sharing program as set forth in the current edition of the <br />Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to <br />Equitable Sharing for Foreign Countries and Federal, State, and Local Law EnforcementAgencies (Treasury 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 Treasury, depending on the <br />source of the funds, that the receiving agency is a federal equitable sharing program participant and has a <br />current Equitable Sharing Agreement and Certification on file. <br />5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received <br />from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and <br />other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a <br />separate revenue account or accounting code for state, local, Department of Justice, and Department of the <br />Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture <br />fund account. <br />The Agency agrees that such accounting will be subject to the standard accounting requirements and practices <br />employed for other public monies as supplemented by requirements set forth in the current edition of the <br />Justice Guide and the Treasury Guide. <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 <br />sanctions stipulated in the current edition of the Justice or TreasuryGuides, depending on the source of the <br />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 March 2009 <br />Version 1.7 <br />