09/27/1999 Agreement
(I
Federal .:quitable Sharing Agreement
UVALID THRU SEPTEMBER 30, gOOg"
Law Enforcement Agency: Monroe
o Police Department
o Prosecutor's Office
C:ount:y Sheriff'!=: Office
o Sheriffs OfficelDepartment
o Other
o Check if New Participant
o Task Force1
Contact Person: Sheriff Richard D. Roth
E-mail AddresS:sheriffroth@compuserv.com
Mailing Address: 5525 College Road
(Street)
Key West
(City)
FL
(State)
33040
(Zip Code)
Telephone Number: (~) 292-7001
Fax Number: (.3Q.L) 292-7070
Agency Fiscal Year Ends on: September 30th
(Month/Day)
NCIC/ORIITracking No.: S4400001
This Federal Equitable Sharing Agreement entered into among (1) the Federal Government, (2) the above-stated law enforcement agency,
and (3) the governing body sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon
the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably-shared with participating law
enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared
assets and the following requirements'for participation in the federal equitable sharing program.
1. Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both
the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which
the recipient law enforcement agency is located, in accordance with the instructions received from the. respective departments or
as outlined in their equitable sharing guidelines.
Asset Forfeiture and Money Laundering Section
U.S. Department of Justice/ ACA Program
P.O. Box 27768
Washington, D.C. 20038
E-mail address: program.aca@usdoj.gov
Fax: (202)616-1344
Executive Office for Asset Forfeiture
U.S. Department of the Treasury
740 1 5th Street, N.W., Suite 700
Washington, D.C. 20220
E-mail address: treas.aca@teoaf.treas.gov
Fax: (202)622-9610
2. Signatories. This agreement must be signed by the head (or authorized representative) of the law enforcement agency and
the head (or authorized representative) of the governing body. Receipt of the signed agreement is a prerequisite to receiving
any equitably-shared cash, property, or proceeds.
3. Uses. Any shared asset shall be used for law enforcement purposes in accorda~ce with the statutes and guidelines that govern
equitable sharing, and as specified in the equitable sharing request (either a DAG-7l or a 1D F 92-22.46) submitted by the
requesting agency. Any and all requests for a change in the use of cash, property, or proceeds from that specified in the
equitable sharing request must be submitted in writing to the appropriate agency shown in item 1.
4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other law enforcement
agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with
both the Department of Justice and the Department of the Treasury. If there is'rio agreement on file, the undersigned law
enforcement agency must obtain one from the receiving agency, and forward it to the appropriate department shown in item 1.
A list of recipients, their addresses, and the amount transferred must be attached to the Federal Annual Certification Report.
5. Internal Controls. The parties agree 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 and other sources must not be commingled
I Attach list of member agencies with their addresses and indicate lead agency.
with federal equitable sharino funds. The recipient agency shall establish a scparate revenue account or acCounting code for
state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be
deposited in the appropriate federal forfeiture fund account.
The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other
such public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to
Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (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). The accounting of shared funds must be submitted in the format shown on the Annual
Certification Report contained in both the Justice and Treasury Guides.
The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited.
Failure to 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 source of the funds or property.
6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department
of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district
in which the recipient agency is located. The certification must be submitted in accordance with the instructions received from the
respective departments or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to
receiving allY equitably-shared cash, property, or proceeds.
7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular
A-B3. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits.
During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pursuant
to, any nondiscrimination law in federal or state court, or before an administrative agency?
o Yes @ No (If you answered yes, attach relevant information. See instructions.)
Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against
your agency alleging discrimination?
QQ Yes 0 No (If you answered yes, attach relevant information. See instructions.)
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 IX ofthe Education Amendments of1972 (20 U.S.CO ~ 1681 et seq.), Section 504 of the
Rehabilitation Actof1973 (29 U.S.C. ~ 794), and the Age Discrimination Act of1975 (42 U.S.C. ~ 6101 etseq.), 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.
Under penalty of perjury, the undersigned officials certify that the recipient state or local law enforcement agency is in
compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct
for Asset Forfeiture.
Richard D. Roth, Sheriff
8/25/99
Name (Print or Type) Date
cement Agency Head or Authorized Representative
Name (Print or Type)
Governing Body Head or Authorized Representative
Date
(Signature)
~&-.
(Signature) A c..,. 1""'(;, C-t:>. t40r-....
1/'Z- 1/f,
Sheriff of Monroe County
Title (Print or Type)
Title (Print or Type)
Thisform is suhject to the Freedom of Information Act and may be released to requests under 5 u.s.e..~ 552.
111m