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CM-2003-003Memorandum ROUND ROCK POLICE DEPARTMENT Planning and Research Unit 615 E. Palm Valley Blvd Phone: (512) 218-5500 Round Rock, Texas 78664 Fax: (512) 218-7060 DATE: March 13, 2003 TO: Jim Nuse, City Manager FROM: Rick White Management Analyst SUBJECT: Certification Report for Seizure Funds The Police Department is required by the Justice Department to report on the use of any federal asset forfeiture funds the Police Department has handled during the previous fiscal year. Attached is a copy of the latest report, which has to be signed off on by the Police Chief and City Manager. So what are you looking at, here? We started the year with $130,566 in seizure funds because we'd been stockpiling those funds in anticipation of paying the city's share of its participation in the County Firing Range project. We received a little more than $63,000 in additional seizures during the year, made about $1,500 in interest, and we spent $141,000 on the fore -mentioned project. Our participation provides — into the foreseeable future — the Department with an appropriate facility in which our officers can shoot and qualify with firearms. I've attached a copy of the interlocal agreement with the county on that project, in case you'd like to see it. Also, I'll be happy to answer any questions (ext. 524) you may have regarding this form. After you sign it, I'd be glad to come down and pick it up. It's not the sort of thing I'd trust to interoffice mail. Thanks, sir. There are two tabs in this folder, sir: TAB 1 is the original copy of the report, already signed by Chief Conner. TAB 2 is a copy of the interlocal agreement with the County regarding the facility. Law Federal AnnuaertIricauiou r'cepui L This Annual Certification Report must be submitted within 60 days after the close of your fiscal year to both agencies: U.S. Department of Justice/ACA Program Asset Forfeiture and Money Laundering Section POB 27768 Washington. D.C. 20038 E-mail address: program.aca@usdoj.gov Fax: (202)616-1344 Enforcement Agency: Round Rock Police Department U.S. Department of the Treasury Executive Office for Asset Forfeiture 740 15th Street, N.W., Suite 700 Washington. D.0 20220 E-mail address: treas.aca@teoaf.treas.gov Fax (202)622-9610 Police Department O Sheriffs Office/Department O Task Force' Contact Person: Rick White, Management Analyst Mailing Address: 615 Palm Valley Blvd. (Street) Telephone Number: (512 ) 218-5524 Agency Fiscal Year Ends on: 10/1/02 (Month/Day/Year) 0 Prosecutor's Office Other E-mail Address: rwhite@round-rock.tx.us Round Rock TX 78664 (City) (State) (Zip Code) Fax Number: (51 7 ) 718-1767 NCIC/ORUTracking No.: TX74605 Summary of Equitable Sharing Activity Just F n Treasury Funds 1. Beginning Equitable Sharing Fund Balance 630'jUU $ 2. Federal Sharing Funds Received $ 63 ,069 $ 3. Other Income $ 0 5 4. Interest income Accrued $ 1,535 $ 5. Total Equitable Sharing Funds (total of lines I -4) $ 195,170 $ 6. Federal Sharing Funds Spent (total of lines a-1) $ ( 141,000) $ ( ) 7. Equitable Sharing Fund Balance (subtract line 6 from line 5) 8. Appraised Value of Other Assets Received a. b. c. d. e. f. h. i. Summary of Shared Monies Total spent on salaries for new, temporary, not to exceed 1 -year employees Overtime Total spent on informant and "buy money" Total spent on travel and training Total spent on communications and computers Total spent on firearms and weapons Total spent on body armor and protective gear Total spent on electronic surveillance equipment Total spent on building and improvements j. Total spent on other law enforcement expenses (attach list) k. Total transfers to other law enforcement agencics (attach list of recipients) I. Total permissible use transfers (attach list of recipients) m. Total annual law enforcement budget for your jurisdiction for current fiscal year n. Total annual budget for non -law enforcement agencies for current fiscal year o. Total annual law enforcement budget for your jurisdiction for prior fiscal year p. Total annual budget for non -law enforcement agencies for prior fiscal year Und Spent $ 54,170 $ $ 0 $ 5 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ $ 141,000 $ $ 0 $ $ 12,092,002 $ 40'694,246 (Gen. Fund) 10,313,086 39,824,997 (Gen. Fund) rtes y o , the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law enforcement agency under the ral equitable sharing pro. during this reporting period_ PaulN. Conner -g-./2-63 Name (Print or Type) r Date taw Enforcement Age ed Representative James Nuse Name (Print or Type) . Go r�j Body Head or Authorized Representative Date (Signature) — ignature) Chief Of Police Title (Print or Type) ' Attach list of member agencies with their addresses and indicate lead agency. This form is subject to the Freedom of Information .fel and may be released to requests under 5 U.S.C. § 552. July 1999 WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING FACILITY INTERLOCAL AGREEMENT THIS CONTRACT AND INTERLOCAL AGREEMENT is made and entered into effective this day of , 2000, by and between WILLIAMSON COUNTY, the CITY OF GEORGETOWN, the CITY OF ROUND ROCK, the CITY OF TAYLOR, the CITY OF HUTTO, the CITY OF LEANDER and the CITY OF CEDAR PARK, all of which are political subdivisions of the State of Texas. WITNESSETH: WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act provides that any one or more public agencies may contract with each other for the performance of governmental functions and for the joint use of facilities or services for the promotion and protection of the health and welfare of the inhabitants of the State and the mutual benefit of the parties; and WHEREAS, each of the parties hereto requires a law enforcement training facility (the "Facility") for firearms, and tactical driving instruction, and any other appropriate law enforcement or public safety training, so as to increase the skill and professionalism of its law enforcement and public safety personnel and reduce liabilities to the parties and their respective insurance carriers; and WHEREAS, the parties desire to share the costs of the construction, operation and maintenance of the Training Facility; and WHEREAS, Section 791.013 of the Interlocal Cooperation Act (the"Act") allows for parties to an interlocal contract to create an agency to supervise and administer the contract; and R:\FIREARMS RNG FOLDER\AGREEINT3.DOC/kg WHEREAS, said agency is, pursuant to the Act, tax-exempt and insurable by insurers of political subdivisions; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned parties agree as follows: DEFINITIONS 1. Agency shall mean the WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING AGENCY, an administrative agency created pursuant to Section 791.013, Gov't Code, V.T.C.A. 2. Authorized Peace Officer shall mean a law enforcement person, whether full- time, part-time or reserved, designated as an authorized peace officer by a Party. 3. Party shall mean the signers of the Agreement. CREATION AND OPERATION OF AGENCY 1. Pursuant to Section 791.013, Gov't Code, V.T.C.A., the Parties hereby create the WILLIAMSON COUNTY LAW ENFORCEMENT TRAINING AGENCY. 2. The business and affairs of the Agency shall be conducted by a board consisting of one (1) representative from each PARTY signing this Agreement. The representative shall be the police chief or sheriff of each Party, or their designees. 3. As soon a possible after the creation of the Agency, the Agency shall adopt by-laws which shall govem the operation of the Agency. Before adoption of by-laws by the Agency, the bylaws must be approved by the representative of each Party. 4. A quorum of the Agency shall exist for the purpose of conducting the business of the Agency if a majority of the Party representatives are present. Each Party is entitled to one vote. The vote of a majority of a quorum is necessary for the Agency to take any action. '^ 5. Any Party annually designating over 25% of the total number of Authorized Peace Officers designated by all of the Parties may veto any action of the 2. Board. If an action is vetoed, it shall be reconsidered by the Board and shall pass only upon 1) an affirmative vote of a majority of the Parties present, and 2) an affirmative vote of Parties representing at least 51 % of the total number of Authorized Peace Officers designated annually by all the Parties. 6. The Agency's primary responsibilities shall be the review, oversight, maintenance and operation of the Facility. 7. The Agency shall comply with all requirements of the Texas Open Meetings Act, Tx. Gov't Code, Chapter 551 and the Texas Public Information Act, Tx. Gov't Code, Chapter 552. 8. , The Agency may allow additional public safety agencies to utilize the Facility. III. INITIAL COSTS 1. The initial costs for construction of the Facility are as shown on Schedule A, attached hereto and incorporated herein. 2. By approving the Agreement, the Parties acknowledge the responsibility to remit the considerations as stated in Schedule A to the Agency for the initial start-up costs within two (2) fiscal years of the signing of the Agreement. If there are additional start-up costs over and above these listed in Schedule A, the Parties are not obligated to remit additional consideration, unless approved by official action of each respective Party. IV. ANNUAL BUDGET 1. Prior to March 31st of each year, the Agency shall submit a tentative budget to each Party for their approval. 2. Any expenditure which exceeds the annual approved budget must be approved by official action of each Party. Any expenditures which exceed the annual approved budget shall be paid for by the Parties pursuant to Article V, below. 3. V. ANNUAL OPERATION AND MAINTENANCE RESPONSIBILITIES 1. The annual operation and maintenance costs of the Facility shall be allocated between the Parties by dividing the annual operation and maintenance costs by the total number of Authorized Peace Officers designated annually by the Parties. The resulting quotient represents the cost of the Facility per commissioned officer Authorized Peace Officers. The cost for each Party is determined by multiplying the resulting quotient by the number of Authorized Peace Officers annually designated by each Party. Each Party shall remit this payment to the Agency on a quarterly basis. 2. The Parties will receive credit for in-kind services provided to the Agency. VI. INSURANCE 1. The Agency shall procure and maintain at its sole cost and expense insurance or coverage under an interlocal agreement against claims for injuries to persons or damage to property which may arise from or in connection with the terms and conditions of this Agreement, and shall cover performance herein by the Agency, its employees, officials, contractors or subcontractors. Such insurance or coverage under an interlocal agreement shall be maintained in full force and effect, without lapse or gaps, for the duration of this Agreement. 2. Certificates of Insurance or evidence of coverage under an interlocal agreement shall be furnished to all Parties. The following standard insurance policies shall be required: a) Bodily Injury Insurance or coverage with minimum limits of One Million Dollars ($1,000,000) per occurrence. b) Property Damage Insurance or coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) per occurrence. c) Workmen's Compensation coverage in a minimum amount of benefits, if the Agency has any employees.. 5. The Agency shall provide to the Parties evidence of the herein required insurance or coverage through certificates of insurance or other appropriate documents which contain the following provisions: 4. a) Designation of all the Parties, their officers, employees, and elected officials as additional insureds or covered parties under the liability policies (as the interest of each insured may appear). b) Provision for thirty (30) days advance written notice to all Parties for any policy's cancellation, non -renewal, or material change applicable to the insurance or coverage requirements under this contract; and, additionally, removal of all language in Certificate of Insurance or other evidence of coverage indicating in any way by same or similar wording that the insurance company or agent/broker will "endeavor to notify Owner, but failure to do so shall impose no obligation of liability of any kind upon the -company, its agents, or representatives." c) Agreement that the Agency waives subrogation against the Parties, its officers, employees, and elected officials for injures (including death), property damage, or any other loss whatsoever to the extent same may be covered by proceeds of insurance or coverage. VII. DURATION 1. This Agreement shall be effective on the day of , 2000, and shall continue as a yearly contract until terminated by the Parties. 2. Any Party to this Agreement has the right to withdraw from this Agreement by providing written notice to the Agency of its intent to withdraw. The Agency is entitled to retain any and all sums previously tendered by the withdrawing Party. VIII. MISCELLANEOUS 1. SEVERABILITY: The Parties agree that in the event any provision of this Agreement is held by a court of competent jurisdiction to be in contradiction of any laws of the State or the United States, the Parties will immediately rectify the offending portions of this Agreement. The remainder of the Agreement shall be in full force and effect. 2. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the Parties hereto, and supersedes all their oral and written negotiations, agreements, and understandings of every kind. The Parties understand, agree, and declare that no promise, warranty, statement, or representation of any kind whatsoever, which is not expressly stated in this 5. Agreement, has been made by any Party hereto or its officer, employees, or other agents to induce execution of this Agreement. 3. CHOICE OF LAW: This Agreement shall be performable in Williamson County, Texas. 4. AMENDMENT: This Agreement may be amended by unanimous vote of the Agency's Board if said proposed Amendment is ratified and approved by the governing body of each Party. 5. NOTICE: Any notice given hereunder shall be in writing, and may be effected by personal delivery, or by registered or certified mail, return receipt requested, at the address of the respective Parties indicated below: Chief of Police Round Rock Police Department 615 Palm Valley Round Rock, Tx 78664 (512) 218-5506 City of Cedar Park Cedar Park Police Department 1400 W. Whitestone Blvd. Cedar Park, Texas 78613 (512) 258-2800 Chief of Police Leander Police Department 200 W. Willis Leander, Tx 78641 (512) 259-0613 Chief of Police Georgetown Police Department 809 Martin Luther King Georgetown, Texas 78626 (512) 930-3510 Chief of Police Taylor Police Department Po Box 810 Taylor, Texas 76574 (512) 352-5551 6. Chief of Police Hutto Police Department Po Box 280 Hutto, Texas 78634 (512) 759-1011 Sheriff, Williamson County 508 S. Rock Georgetown, Texas 78626 (512) 943-1402 Address for notice may be changed at anytime by delivering written notice of change to the other Parties in accordance with the notice requirements of this section. 6. PARAGRAPH HEADINGS: The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 7. ATTORNEY FEES: In any lawsuit conceming this Agreement, the prevailing Party/Parties shall be entitled to recover reasonable attorneys fees from the nonprevailing Party/Parties, plus all out-of-pocket expenses such as deposition costs, telephone calls, travel expenses, expert witness fees, court costs, and other reasonable expenses. 8. COMPLIANCE WITH APPLICABLE LAWS: The Parties hereby agree to comply with all ordinances laws, rules, regulations and lawful orders of any public authority. Specifically, nothing in this Agreement is intended to conflict with the City of Georgetown's zoning, franchise or health and safety authority. IN WITNESS WHEREOF, the Parties hereto have set their hands the day and year first above written. WILLIAMSON COUNTY ATTEST: COMMISSIONERS' COURT: By: By: County Judge County Clerk Williamson County, Texas Williamson County, Texas CITY OF ROUND ROCK: ATTEST: By: By: Mayor, Round Rock, Texas City Secretary 7. CITY OF GEORGETOWN: ATTEST: By: By: Mayor, Georgetown, Texas City Secretary CITY OF LEANDER ATTEST: By: By: Mayor, Leander, Texas City Secretary CITY OF CEDAR PARK ATTEST: By: By: Mayor, Cedar Park, Texas City Secretary CITY OF HUTTO ATTEST: By: By: Mayor, Hutto, Texas City Secretary CITY OF TAYLOR ATTEST: By: By: Mayor, Taylor, Texas City Secretary 8.