2002-076-RES APPROVE/AUTHORIZE EXECUTION OF A FEDERAL EQUITABLE SHARING AGREEMENT

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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 with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and the Department of the Treasury forfeiture funds. Interest income generated must be accounted for 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 (J~stice Guide), and the Department ofthe 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 ofJustice 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 any 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-133. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. 8a. 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? OYes o No (If you answered yes. attach relevant information. See instructions.) 8b. Are there pending in a federal or state court, or before any federal or state administrative agency, proceedings against your agency alleging discrimination? o Yes ONo (If you answered yes. attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements ofthe 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 of 1972 (20 U.S.C. ~ 1681 et 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 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. Name (Print or Type) Date Law Enforcement Agency Head or Authorized Representative Name (Print or Type) Governing Body Head or Authorized Representative Date (Signature) (Signature) Title (Print or Type) Title (Print or Type) This form is subject to the Freedom of Information Act and may be released to requests under 5 V.S.C. ~ 552. March 2002