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CM-2015-651 - 1/9/2015City of Round Rock ROUNO ROIX TE%AS Agenda Item Summary Agenda Number: Title: Consider executing an Equitable Sharing Agreement and Certification for The US Department of Justice and The US Department of the Treasury. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/9/2015 �' Dept Director: mf7(X5 Cost: Indexes: Attachments: CMAF, Equitable Sharing Agreement, FY2014-RRPD-FedForfeitureReport Department: Police Department Text of Legislative File CM -2015-651 Equitable Sharing is a program in which the proceeds of liquidated seized assets from asset forfeiture are shared between federal and local law enforcement agencies. Asset forfeiture occurs when law enforcement agencies seize assets (cash and vehicles or other property) used during the commission of a crime, and those proceeds are awarded to the Department by a court process. This program is designed to enhance cooperation among the agencies. The proposed item is a year-end report and agreement for continued participation in this program. That report shows that the Department received slightly more than $119,500 in asset forfeiture awards during FY 2013-14 for total revenues of 812,299 in that year. The Department spent just over $346,000 in those funds, for a year-end balance of just over $466,200. Forfeiture awards are budgeted in the Law Enforcement Fund, and FY 2013-14 expenditures were used on needed upgrades to communications and computers, informants and building improvements. This is an annual submission to the U.S departments of Justice and Treasury. Staff recommends approval of this item. Clryo/RomMRoek P.q1 Ptl oe 1A 15 CITY OF ROUND ROCK CONTRACT MANAGEMENT SECTION CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Pd:x oe"arrem Project Name: Equitable Shame Agnx hent and Certification Project Mgr/Resource: RiG White City Manager Approval USDepadment of Jusere and US Uepemnent ContractorNendor: of Treasury CMA Wording Consider executing an Equitable Sharing Agreement and Certification for The US Department of Justice and The US Depanment of the Treasury, Approval J/ ©Employee EE Bowden v Date January 5, 2015 OMB Number 1123-0011 Equitable Sharing Expires MO -201 Agreement and e , Certification *Police Department O Sheriff's Office O Task Force (Complete Table A) O Prosecutor's Office O National Guard Counterdrug Unit O Other •Please fillearh required field. Hovermouseoveranyfillable field /wpap-up insrruaions.' Agency Name: Round Rock Police Department NCIC/ORI/Tracking Number: T X 2 4 6 0 5 0 0 Mailing Address: 2701 North Mays City: Round Rock State: TX Zip: 78665 Finance COntatt: First:Brian Last: Burt Phone: 512-671-2733 Preparer: First: Brian ® sameas Phone: 512-671-2733 Finance Contact Independent Public Accountant: Last FY End Date: 09/30/2014 E-mail: bburt@roundrocktexas.gov Last: Burt E-mail: bburt@roundrocktexas.gov E-mail: sn@templecpa.com Agency Current FY Budget: $26,525,141.00 O New Participant: Read the Equitable Sharing Agreement and sign the Affidavit. Q Existing Participant Complete the Annual Certification Report, read the Equitable Sharing Agreement, and sign the Affidavit. O Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement, and sign the Affidavit. Annual Certification Report Summary of Eauitable Sharina Activity Justice Funds' Treasury Funds' 1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) $534,431.68 $158,268.39 2 Federal Sharing Funds Received $119,476.23 $77.76 3 Federal Sharing Funds Received from Other law Enforcement Agencies and Task Forces (To populate, complete Table B) 4 Other Income 5 Interest Income Accrued Non -Interest Bearing O Interest Bearing Q $45.27 6 Total Equitable Sharing Funds (total of lines 1 -5) $653,953.18 $158,346.15 7 Federal Sharing Funds Spent (total of lines a - m below) $346,051.03 $0.00 8 Ending Balance (difference between line 7 and line 6) $307,902.15 $158,346.15 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA. ' Treasury Agencies are: IRS, ICE, CBP, TTB, USSS, and USCG. !` /' 1 Page 1 of 5 October 2012 C" ,t - QC) V0GI Veni. 2.1 Summary of Shared Funds Scent Justice Funds Treasury Funds a Total spent on salaries under permitted salary exceptions b Total spent on overtime c Total spent on informants, "buy money", and rewards $20,000.00 d Total spent on travel and training e Total spent on communications and computers $246,628.85 f Total spent on weapons and protective gear g Total spent on electronic surveillance equipment h Total spent on buildings and improvements $73,653.37 Total transfers to other participating state and local law enforcement agencies (To populate, complete Table Total spent on other law enforcement expenses (To populate, complete Table D) $5,768.81 k Total Expenditures in Support of Community -Based Programs (To populate, complete Table E) I Total Windfall Transfers (To populate, complete Table F) m Total spent on matching grants (To populate, complete Table G) n Total $346,051.03 $0.00 o Did your agency receive non-cash assets? Q Yes O No Ifyes, complete Table H. Please fill out the following tables, if applicable. Table A: Members of Task Force Agency Name NCIC/ORI/Tracking Number Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name, City, and State Justice Funds Treasury Funds Agency Name: NCIC/ORI/Fracking Number: Table C: Equitable Sharing Funds Transferred to Other Agencies Receiving Agency Name, City, and State Justice Funds Treasury Funds Agency Name: NCIUORI/Fracking Number. Page 2 of 5 October 2012 vem n2.r Table D: Other Law Enforcement Expenses Description of Expense Justice Funds Treasury Funds 2005 Peterbilt 379 Truck Tractor $5,76$.$1 Table E: Expenditures in Support of Community -Based Programs Justice Funds Table F: Windfall Transfers Recipient Justice Funds Treasury Funds Table G: Matching Grants Matching Grant Name Justice Funds Treasury Funds Table H: Other Non -Cash Assets Received Source Description of Asset Justice Treasury 0 2005 Toy,,[, (Rica Table I: Civil Rights Cases Name of Case Tvue of Discrimination Alleged 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, 1400 New York Avenue, N.W., Washington, DC 20005. Page 3 of 5 October 2012 vemoo 2.1 Race Color EiNational Origin ❑ Gender Disability [:] Age Other 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, 1400 New York Avenue, N.W., Washington, DC 20005. Page 3 of 5 October 2012 vemoo 2.1 .. r Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal 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, property, 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 equitably shared cash, property, or proceeds. 1. Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax. This will constitute submission to the Department of Justice and the Department of the 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 forthe Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. 3. 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 asset forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guideto Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). 4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of the Treasury, depending on the source of the funds, that the receiving agency is a current and compliant Equitable Sharing Program participant. 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 equitable sharing account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public funds as supplemented by requirements set forth in the current edition ofthelustice Guide and the TreasuryGuide, including the requirement in the Justice Guide to maintain relevant documents and records for five years. The misuse or misapplication of shared resources orthe 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/property. 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 October 2012 Ve 11 : C . Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture. 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 A of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1661 etseq.), 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 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. 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 maybe necessary to determine compliance with civil rights and other applicable statutes and regulations. 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? O Yes OO No If you answered yes to the above question, complete Table I Agency Head Signature: Name: Allen Bat Title: Chief of Police Governing Body Head Signatur Name: Laurie Ha e Title: Date: 12. / 12 `t -ik Date: Interim City Manager /— /� —1) — E-mail: abanks@roundrocktexas.gov E-mail: Ihadley@roundrocktexas.gov Subscribe to Equitable Sharing Wire: The Eguitable Sharing Wire i... electronic newsletter that gives you important, substantive, information regarding Equitable Sharing Policies, practices, and procedures. Final Instructions: Step 1: Click to save for your records Step 3: Email the XML file to aca.submit@usdoj.gov Step 2: Click to save in XML format Step 4: Scan & email this Affidavit to aca.affidavit@usdoj.gov ttman nuvumi copes FOR EEntered ntered n by AGENCY USE ONLY II I II II III I II I II II I II II I I II I II II I I I II II I I II I II II I II I II I II I III IIII I I III 0 FY End: 09/30/2014 Date Printed: November 19, 20140901 0 NCIC: TX246O5O0 Agency: Round Rock Police Department Phone: 512-671-2733 0 State: TX Preparer: Brian Burt E-mail: bburt@roundrocktexas.gov Page 5 of 5 October 2012 V�io„2.t