CM-2018-1983 - 12/17/2018OMB Number 1123-0011
Expires: November 30, 2021
l
Equitable Sharing Agreement and Certification
NCIC/ORIITracking Number: TX2460500
Agency Name: Round Rock Police Department Type: Police Department
Mailing Address: 2701 North Mays Street
Round Rock, TX 78665
Agency Finance Contact
Name: Thibodaux, Becca
Phone. 5126712732
Jurisdiction Finance Contact
Name: Thibodaux, Becca
Phone: 5126712732
ESAC Preparer
Name: White, Rick
Phone: 512-218-5524
Email: bthibodaux@roundrocktexas.gov
Email:bthibodaux@roundrocktexas.gov
Email: rwhite@roundrocktexas.gov
FY End Date: 09/30/2018 Agency FY 2019 Budget: $32,004,180.00
Annual Certification Report
Summary of Equitable Sharing Activity Justice Funds Treasury Funds 2
1
Begining Equitable Sharing Fund Balance
$0.00
$0.00
2
Equitable Sharing Funds Received
$36,820.35
$11,135.88
3
Equitable Sharing Funds Received from Other Law Enforcement
Agencies and Task Force
$0.00
$0.00
4
10ther Income
$0.00
$0.00
5
Interest Income
$383.63
$116.02
6
Total Equitable Sharing Funds Received (total of lines 1-5)
$37,203.98
$11,251.90
7
Equitable Sharing Funds Spent (total of lines a - n)
$0.00
$0.00
8
Ending Equitable Sharing Funds Balance
difference between line 7 and line B
$37,203.98
$11,251.90
1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS. and FDA
2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS.
Summary of Shared Funds Spent
Justice Funds Treasury Funds
a
Law Enforcement Operations and Investigations
$0.00
$0.00
b
Training and Education
$0.00
$0.00
c
Law Enforcement, Public Safety, and Detention Facilities
$0.00
$0.00
d
Law Enforcement Equipment
$0.00
$0.00
e
ljoint Law Enforcement/Public Safety Equipment and Operations
$0.00
$0.00
f
Contracts for Services
$0.00
$0.00
Law Enforcement Travel and Per Diem
$0.00
$0.00
h
Law Enforcement Awards and Memorials
$0.00
$0.00
i
Drug, Gang, and Other Education or Awareness Programs
$0.00
$0.00
j
iMatching Grants
$0.00
$0.00
k Transfers to Other Participating Law Enforcement Agencies
$0.00
$0.00
1
Support of Community -Based Programs
$0.00
m Non -Categorized Expenditures
$0.00
$0.00
n
Salaries
$0.00
$0.00
Total
$0.00
$0.00
Date Printed: 11/30/2018
6k4r zal t_ Ilif3
Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name Justice Funds Treasury Funds
ncome
Other Income Type Justice Funds Treasury Funds
ng Grants
Matching Grant Name Justice Funds Treasury Funds
Transfers to Other Participating Law Enforcement Agencies
Receiving Agency Name Justice Funds Treasury Funds
Support of Community -Based Programs
Recipient
Non -Categorized Expenditures
Description Justice Funds Treasury Funds
Salaries
Salary Type Justice Funds
Treasury Funds
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 at 1400 New York Avenue, N.W., Washington, DC 20005.
Privacy Act Notice
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance.
Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006),
JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors
when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or it
accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as
amended by subsequent publications.
Single Audit Information
Independent Auditor
Name: Guadalupe Garcia
Company: Whitley Penn
Phone: 5124787165 Email: LUPE.GARCIA@WHITLEYPENN.COM
Date Printed: 11/30/2018
Page 2 of 5
Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of
Federal Awards (SEFA)?
YES XQ NO
Prior year Single Audit Number Assigned by Harvester Database: 755511
Date Printed: 11/30/2018 Page 3 of 5
Affidavit
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the
Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this
Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials
certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate
accounting of funds received and spent by the Agency.
The undersigned certify that the Agency is in compliance with the applicable 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 1X of the 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. The Agency agrees that it will comply with all federal statutes and regulations
permitting federal investigators access to records and any other sources of information as may be necessary to determine
compliance with civil rights and other applicable statutes and regulations.
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the
Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the
restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared
with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and
all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.
1. Submission. The ESAC must be signed and electronically submitted within 60 days of the end of the Agency's fiscal year.
Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.
2. Signatories. The ESAC 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, county attorney, district
attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the
head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor,
city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The
governing body head cannot be an official or employee of the Agency and must be from a separate entity.
3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent
updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written
approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.
Agencies that transfer or receive equitable sharing funds must perform sub -recipient monitoring in accordance with the Code
of Federal Regulations.
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, joint law enforcement
operations funds, and any other sources must not be commingled with federal equitable sharing funds.
The Agency certifies that equitable sharing funds are maintained by the entity that maintains the Agency's appropriated or
general funds and agrees that the funds will be subject to the standard accounting requirements and practices employed by
the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code
of Federal Regulations, including the requirement to maintain relevant documents and records for five years.
The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or
assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.
Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject
the Agency to sanctions.
6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of
1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The
Agency must report its equitable sharing expenditures on the Schedule of Expenditures of Federal Awards (SEFA) under
Catalog of Federal Domestic Assistance number 16.922 for Department of Justice and 21.016 for Department of the
Treasury. The Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
Date Printed: 11/30/2018 Page 4 of 5
7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the
Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies.
8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Money Laundering and Asset
Recovery Section of the Department of Justice and the Executive Office for Asset Forfeiture of the Department of the
Treasury of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds.
Civil Rights Cases
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 ® No
Agency Head
Name: Banks, Allen
Title: Chief of Police
Email: abanks@roundrocktexas.gov
Signature: Date: 17--l-IS
To the best of my knowlecrge and belief. the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law
Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any
subsequent updates. and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies
and procedures.
Governing Body Head
Name: Hadley, Laurie
Title: City Manager
Email: Ihadley@roundrocktexas.gov
Signature: gii.VLLL-,Date: 12-T/ I / 4 U
fl.
To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head
whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the
Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth In the Guide, any subsequent updates, and
the Code of Federal Regulations.
[ V I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the
Governing Body Head.
Date Printed: 11/30/2018 Page 5 of 5
City of Round Rock
IRO A5 Roac Agenda Item Summary
Agenda Number:
Title: Consider entering into an agreement to confirm receipt and expenditure of
asset forfeiture awards from Federal Courts after there has been a Judicial
Ruling that the assets were part of a criminal enterprise.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/14/2018
Dept Director: Allen J. Banks
Cost: $0.00
Indexes:�i �t�u�
Attachments: CMAF, DRAFT
1- n e. -CA a n
Department: Police Departr • F
or���� sr ,�eDl copy •,
Text of Legislative File CM -2018-19t r)
This document is the annual repor ! r receipt and
expenditure of asset forfeiture awe-�� a� %pJGQ C�1'?C� we to
participate in the receipt of federal } : goes into the
City's Law Enforcement Fund eves 15 Qp�C
In FY 2018, the City started with at all available
funds in the previous fiscal year. F I : received a
total of $37,203.98 (awards receiv litures. We
also received a total of $11,251.90 (awards and interest) in Treasury awards and had no
expenditures on that side in FY 2018, either. Finance generated the amounts shown in the
report and has reviewed and approved the final product.
The second part of the document is an annual affidavit and agreement that allows the city to
continue to receive federal awards from asset forfeiture proceedings.
Cliy of Round Rock Page 1 Painted on 12/1412018