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'"~ `r'''~ ~c~t~c~~~~~ ~~~arr~~ ~;g;r°~'~r~~~r~f This Federal Equitable Sharing Agreement; entered into among (1i the rederal Government, (2) the above-stated law enforcement agency ("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, properly, proceeds, and any interest earned thereon., which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document") is a prerequisite to receiving any equitabl}~ shared cash, property, or proceeds. 1. Submission. This Document must be submitted to aca.submitCusdoj.gov within 6U days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/5ignature page (page 5) submitted by fax. This will constitute submission to the Department of Justice and the Department of Treasury. 2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of 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 is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. ~. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal equitable sharing program as set forth in the current edition of the Department of .justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Loca! Law Enforcement Agencies (Treasury Guide). 4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or focal law enforcement agencies, it must first verify with the Department of Justice or the Department of Treasury, depending on the source of the funds, that the receiving agency is a federal equitable sharing program participant and has a current Equitable Sharing Agreement and Certification on file. 5. internal Controls. The Agency agrees 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 with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide. 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 fundsiproperty. 6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits. Page 4 of 5 January 2009