EQUITABLESHARING AGREEMENT AND CERTIFICATION.PDF

Maricopa County — Formal (2013-09-11)

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OMB Number 1123-0011
Expires9-30-2014
Equitable Sharing
Agreement and
Certification
o Police Department @ Sheriff's Office 0 Task Force (Complete Table A)
o Prosecutor's Office 0 National Guard Counterdrug Unit 0 Other
• Please fil/ each required field. Hover mouse over any fil/able field for pop-up instructions ."
Agency Name: Maricopa County Sheriffs Office
NCIC/ORIITracking Number: I A I z I 0 I 0 I 7 I 0 I 0 I 0 I 0 I
Mailing Address: 100W. Washington St., Suite 1900
City: Phoenix State: AZ Zip: 85003
Finance Contact: First: Chief Scott Last: Freeman
------------------------ _----------------------------
Phone: 602-876-5497 E-mail: S_Freeman@MCSO.maricopa.gov
Preparer: First: Nivin Last: Kateeb
------------------------
Sameas
D Finance Contact Phone: 602-876-3245 E-mail: N_Kateeb@MCSO.maricopa.gov
Independent Public Accountant: E-mail: ddavenport@azauditor.gov
Last FY End Date: 06/30/2013 Agency Current FY Budget: $298,336,365.00
o
New Participant: Readthe Equitable Sharing Agreement and sign the Affidavit.
Complete the Annual Certification Report, read the Equitable Sharing Agreement, and sign
@ Existing Participant:
the Affidavit.
o Revisethe Annual Certification Report, read the Equitable Sharing Agreement, and sign
Amended Form:
the Affidavit.
Annual Certification Report
1 2
Summary of Equitable Sharing Activity Justice Funds Treasury Funds
Beginning Equitable Sharing Fund Balance(must match
1
Ending Equitable Sharing Fund Balancefrom prior FY) $105,692.88
2 FederalSharing Funds Received
FederalSharing Funds Receivedfrom Other Law Enforcement
3
Agencies and TaskForces(To populate, complete Table B) $5,188.94
4 Other Income
Non-Interest Bearing0
5 Interest Income Accrued
Interest Bearing ® $504.09
6 Total Equitable Sharing Funds (total of lines 1- 5)
$106,196.97 $5,188.94
7 FederalSharing Funds Spent (total of lines a - m below)
$0.00 $5,188.94
8 Ending Balance(difference between line 7 and line 6)
$106,196.97 $0.00
1 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DClS, DSS,and FDA.
2 .
Treasury Aqencies are: IRS, ICE,CBP,TIB, USSS,and USCG.
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Summary of Shared Funds Spent Justice Funds Treasury Funds
a Total spent on salariesunder permitted salaryexceptions
b Total spent on overtime $5,188.94
c Total spent on informants, "buy money", and rewards
d Total spent on travel and training
e Total spent on communications and computers
f Total spent on weapons and protective gear
g Total spent on electronic surveillance equipment
h Total spent on buildings and improvements
Total transfers to other participating state and local law
i
enforcement agencies (To populate, complete Table C)
Total spent on other law enforcement expenses(To populate,
j
complete Table D)
Total Expenditures in Support of Community-Based Programs "1M 'l!{' '''', I' "All
k (To populate, complete Table E) • II ~ .,
~I
I Total Windfall Transfers(To populate, complete Table F)
Total spent on matching grants (To populate, complete
m
Table G)
n Total $0.00 $5,188.94
0 Did your agency receive non-cash assets?0Yes @No If yes,complete Table H.
Pleasefill out the following tables, if applicable.
Table A: Members of Task Force
Agency Name NCIC/ORIITracking Number
I I I I I I I I I I
Table B: Equitable Sharing Funds Received from other Agencies
Transferring Agency Name, City, and State Justice Funds Treasury Funds
Agency Name: IU.S.Immigration and Customs Enforcement, Phoenix, AZ
1=G
NCIClORlfTrackingNumber: 1 A 1 zi I 1 C 1 E 1 0 0 0 0
1 1 1 1
Table C: Equitable Sharing Funds Transferred to Other Agencies
Receiving Agency Name, City, and State Justice Funds Treasury Funds
Agency Name:I 1=r.
NCIC/ORllTrackingNumber: I
I I I I I I I I I
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Table D: Other law Enforcement Expenses
Description of Expense Justice Funds Treasury Funds
II
Table E: Expenditures in Support of Community-Based Programs
Recipient Justice Funds
Table F: Windfall Transfers
Recipient Justice Funds Treasury Funds
II
Table G: Matching Grants
Matching Grant Name Justice Funds Treasury Funds
II
Table H: Other Non-Cash Assets Received
Source Description of Asset
I Justice 0 II
Treasury0
Table I: Civil Rights Cases
Name of Case Type of Discrimination Alleged
~ Race D Color ~ O. National . ID G en d er
nqm
Melendres v. Arpaio, CV2007-2513-PHX-GMS.
D Disability DAge D Other
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 OMB 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,
1400New York Avenue, N.W., Washington, DC 20005.
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..
Equitable Sharing Agreement
This FederalEquitable Sharing Agreement, entered into among (1)the FederalGovernment, (2)the above-stated law
enforcement agency ("Agency"),and (3)the governing body, setsforth the requirements for participation in the
federal Equitable Sharing Program and the restrictions upon the useof federally forfeited cash,property, proceeds,
and any interest earned thereon, which are equitably sharedwith participating law enforcement agencies.
Byits signatures,the Agency agreesthat it will be bound by the statutes and guidelines that regulate sharedassets
and the following requirements for participation in the federal Equitable Sharing Program. Receiptof the signed
Equitable Sharing Agreement and Certification (this "Document") isa prerequisite to receiving any equitably shared
cash,property, or proceeds.
1.Submission. This Document must be submitted to aca.submit@usdoj.govwithin 60 daysof the end of the
Agency'sfiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax.
This will constitute 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.
Examplesof Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator,
chairperson, secretary,city attorney, county attorney, district attorney, prosecuting attorney, state attorney,
commonwealth attorney, and attorney general. The governing body's head isthe person who allocatesfunds or
approves the budget for the Agency. Examplesof governing body headsinclude city manager, mayor, city council
chairperson, county executive, county council chairperson, director, secretary,administrator, commissioner, and
governor.
3. Uses. Any shared assetshall be usedfor law enforcement purposes in accordancewith the statutes and guidelines
that govern the federal Equitable Sharing Program asset forth in the current edition of the Department of Justice's
Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's
Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury
Guide).
4. Transfers. Beforethe Agency transfers cash,property, or proceeds to other state or local law enforcement
agencies,it must first verify with the Department of Justiceor the Department of the Treasury,depending on the
sourceof the funds, that the receiving agency is a current and compliant Equitable Sharing Program participant.
5. Internal Controls. The Agency agreesto account separatelyfor federal equitable sharing funds receivedfrom the
Department of Justiceand the Department of the Treasury. Fundsfrom state and local forfeitures and other sources
must not be commingled with federal equitable sharing funds. The Agency shall establish a separaterevenue
account or accounting code for state, local, Department of Justice,and Department of the Treasuryforfeiture funds.
Interest income generated must be accounted for in the appropriate federal equitable sharing account.
The Agency agreesthat such accounting will be subject to the standard accounting requirements and practices
employed for other public funds assupplemented by requirements set forth in the current edition of the Justice Guide
and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and recordsfor
five years.
The misuseor misapplication of shared resourcesor the supplantation of existing resourceswith sharedassetsis
prohibited. Failureto comply with any provision of this agreement shall subject the recipient agency to the sanctions
stipulated in the current edition of the Justice or Treasury Guides, depending on the sourceof the funds/property.
6. Audit Report. Audits will be conducted asprovided by the Single Audit Act Amendments of 1996and OMB
CircularA-133. The Department of Justiceand Department of the Treasuryreservethe right to conduct periodic
random audits.
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Affidavit - Existing Participant
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 isan accurate
accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting
period and that the recipient Agency is in compliance with the National Code of ProfessionalConduct for AssetForfeiture.
The undersigned certify that the recipient Agency is in compliance with the 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 IXof the Education Amendments of 1972(20 U.S.c.§ 1681et 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 basisof race,color, national origin, disability, or age in any federally assistedprogram or activity, or
on the basisof sex in any federally assistededucation program or activity. The Agency agreesthat it will comply with all
federal statutes and regulations permitting federal investigators accessto records and any other sourcesof information as
may be necessaryto determine compliance with civil rights and other applicable statutes and regulations.
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? @ Yes 0 No
If you answered yes to the above question, complete Table I
Agency Head Governing Body Head
Signature: Signature:
Name: Gerard A. Sheridan Name: Andrew Kunasek
Title: Chief Deputy, Sheriffs Office Title: Chairman, Board of Supervisors
Date: Date:
E-mail: LSheridan@MCSO.Maricopa.gov E-mail: AKunasek@mail.maricopa.gov
Subscribe to Equitable Sharing Wire:
The Equitable Sharing Wire is an electronic newsletter that I===================~
gives you important, substantive, information regarding
Equitable Sharing policies, practices, and procedures.
Final Instructions:
Step 1: Click to save for your records Step 3: E-mail the XML file to aca.submit@usdoj.gov
Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGEONLY to (202) 616- 1344
FORAGENCYUSEONLY
Entered by _
Entered on _
1 11111111111111111111111111111111111111111111
o FYEnd: 06/30/2013 Date Printed: August 28, 2013 10:34
® NCIC:AZ0070000 Agency: Maricopa County Sheriff'sOffice Phone:602-876-5497
o
State:AZ FinanceContact: Chief Scott Freeman E-mail:S_Freeman@MCSO.maricopa.gov
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