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Affidavit
<br />Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
<br />Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this
<br />Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials
<br />certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate
<br />accounting of funds received and spent by the Agency.
<br />The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following
<br />laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
<br />seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973
<br />(29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the
<br />basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any
<br />federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations
<br />permitting federal investigators access to records and any other sources of information as may be necessary to determine
<br />compliance with civil rights and other applicable statutes and regulations.
<br />Equitable Sharing Agreement
<br />This Federal Equitable Sharing Agreement, entered into among (1) the Federal Govemment, (2) the Agency, and (3) the
<br />Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the
<br />restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared
<br />with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and
<br />all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
<br />Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.
<br />1. Submission. The ESAC must be signed and electronically submitted within 60 days of the end of the Agency's fiscal year.
<br />Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.
<br />2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of
<br />Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district
<br />attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the
<br />head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor,
<br />city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The
<br />governing body head cannot be an official or employee of the Agency and must be from a separate entity.
<br />3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent
<br />updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
<br />4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written
<br />approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.
<br />Agencies that transfer or receive equitable sharing funds must perform sub -recipient monitoring in accordance with the Code
<br />of Federal Regulations.
<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, joint law enforcement
<br />operations funds, and any other sources must not be commingled with federal equitable sharing funds.
<br />The Agency certifies that equitable sharing funds are maintained by the entity that maintains the Agency's appropriated or
<br />general funds and agrees that the funds will be subject to the standard accounting requirements and practices employed by
<br />the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code
<br />of Federal Regulations, including the requirement to maintain relevant documents and records for five years.
<br />The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or
<br />assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.
<br />Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject
<br />the Agency to sanctions.
<br />6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of
<br />1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The
<br />Agency must report its equitable sharing expenditures on the Schedule of Expenditures of Federal Awards (SEFA) under
<br />Catalog of Federal Domestic Assistance number 16.922 for Department of Justice and 21.016 for Department of the
<br />Treasury. The Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
<br />Date Printed: 02/08/2022 Page 4 of 5
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