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CM-10-01-007Equitable Sharing Agreement and Certification OMB Number 1123-0011 Expires 7-31-2011 0 Police Department 0 Sheriffs Office 0 Task Force (Complete Table A, page2) 0 Prosecutor's Office 0 Other (specify) Agency Name: Round Rock Police Department NCIC/ORI/Tracking Number: Street Address:2701 N. Mays T X 2 4 6 0 5 0 0 City: Round Rock Contact: Title: Ms. State: TX Zip: 78681 First: Sherrill Last: Voll Contact Phone: (512) 671-2722 Contact Fax: (512) 218-3267 Contact e-mail: svoll@round-rock.tx.us Last Fiscal Year End: 0 New Participant: ® Existing Participant: 09/30/2009 Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5) Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5) 0 Change in Administration: Select to report change to Agency or Governing Body head DURING the current fiscal year. Read the Equitable Sharing Agreement (page 4) and sign the Affidavit (page 5). 0 Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5). Annual Certification Report Summary of Equitable Sharing Activity Justice Funds Treasury Funds 1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) $22,308.46 2 Federal Sharing Funds Received $30,334.15 3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table B, page 2) 4 Other Income $1,923.46 5 Interest Income Accrued Check box if non-interest-bearing account n $112.35 6 Total Equitable Sharing Funds (total of lines 1 - 5) $54,678.42 $0.00 7 Federal Sharing Funds Spent (total of lines a - n below) $8,531.77 $0.00 8 Ending Balance (difference between line 7 and line 6) $46,146.65 $0.00 Page 1 of 5 March 2009 Version 1.7 Summary of Shared Monies Spent Justice Funds Treasury Funds a Total spent on salaries for new, temporary, not -to -exceed one year employees (See Guide to Equitable Sharing) $22,450,037.00 p b Total spent on overtime q Appraised Value of Other Assets Received c Total spent on informant and "buy money" d Total spent on travel and training e Total spent on communications and computers $8,531.77 f Total spent on firearms and weapons 9 Total spent on body armor and protective gear h Total spent on electronic surveillance equipment i Total spent on building and improvements 1 Total spent on other law enforcement expenses (complete Table C, page 3) k Total transfers to other state and local law enforcement agencies (complete Table D, page 3) Total 15% Expenditures in Support of Community-based Programs (complete Table E, page 3) m Total 25% Windfall Transfers to Other Government Agencies (complete Table F, page 3) n Total spent on matching grants (complete Table G, page 3) Total $8,531.77 $0.00 Miscellaneous Data o Agency's budget for current fiscal year $22,450,037.00 p Jurisdiction's budget for current fiscal year $134,653,511.00 q Appraised Value of Other Assets Received Table A: Members of Task Force Agency Name Address Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name, City, and State Date Agency Name NCIC/ORI/Tracking Number Page 2 of 5 Justice Funds Treasury Funds March 2009 Version 1.7 Table C: Other Law Enforcement Expenses Description of Expense Table D: Equitable Sharing Funds Transferred to Other Agencies Receiving Agency Name, City, and State Justice Funds Justice Funds Treasury Funds Tr Date Race Color Agency Name Gender 0 Settled O Pending n Disability Age Other NCIC/ORI/Tracking Number Table E: 15% Expenditures in Support of Community-based Programs Recipient Table F: 25% Windfall Transfers to Other Government Agencies Recipient Table G: Matching Grants Matching Grant Name Table H: Civil Rights Cases Name of Case Justice Funds Justice Funds Justice Funds Type of Discrimination Alleged Treasury 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, Program Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor, Washington, DC 20005. Page 3 of 5 March 2009 Version 1.7 Race Color National Origin Gender 0 Settled O Pending n 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, Program Management and Strategic Planning Unit, 1400 New York Avenue, N.W., Second Floor, Washington, DC 20005. Page 3 of 5 March 2009 Version 1.7 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 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. 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 as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing (Justice Guide), and the Department of the Treasurys Guide to 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 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 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 March 2009 Version 1.7 Affidavit 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 VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX 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. During the past fiscal year, has the Agency been part of any proceedings alleging discrimination by the Agency? 0 Yes O No If you answered yes, complete Table H. Please disclose (1) all proceedings pending before any court or administrative agency, (2) any nondiscrimination laws the Agency has been found in violation of, and (3) any settlement agreements the Agency has entered into during the last fiscal year. Agency Head Signature: Governing Body Head Signature: Name: Bryan Williams Name: Title: Chief of Police Title: Ci anager s R. Nuse, P.E. Date: Date: 1-(6,2oLD Final Instructions: Step 1: Click button to save in PDF format for your records Step 2: Click button to save in XML format Step 3: E-mail the XML file as attachment to aca.submit@usdoj.gov Step 4: Fax a signed copy of THIS PAGE ONLY to (202) 616-1344 Note: The Agency will not be in compliance until the e-mail and the fax of this page are received. FOR AGENCY USE ONLY Entered by Entered on FY End: 09/30/2009 1 11 1 111 1 111 11 11 111 1 11 111 1 111 1 NCIC: TX2460500 Agency:Round Rock Police Department Phone:(512) 671-2722 State:TX Contact:Sherrill Voll E-mail:svoll@round-rock.tx.us 11 1 CM -10-01 -007 Page 5 of 5 March 2009 Version 1.7 01/12/2010 14:02 FAX 5122187097 u001 01 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 2713 RECIPIENT ADDRESS 9p12026161344pp188987 DESTINATION ID ST. TIME 01/12 14:01 TIME USE 00'37 PAGES SENT 1 RESULT OK Affidavit 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 VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX 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. During the past fiscal year, has the Agency been part of any proceedings alleging discrimination by the Agency? 0 Yes O No If you answered yes, complete Table H. Please disclose (1) all proceedings pending before any court or administrative agency, (2) any nondiscrimination laws the Agency has been found in violation of, and (3) any settlement agreements the Agency has entered into during the last fiscal year. Agency Head Governing Body Head Signature: -)A9,4 Signature: Name: Bryan WI liams Name: Title: Chief of Police Title: Ci ` anager s R. Nuse, P.E. Date: Date: 1~`6•2oiD Final Instructions: Step 1: Click button to save in PDF format for your records Step 2: Click button to save in XML format Step 3: E-mail the XML file as attachment to aca.submit@usdoj.gov Step 4: Fax a signed copy of THIS PAGE ONLY to (202) 616-1344 DATE: December 11, 2009 SUBJECT: City Manager Approval —January 8, 2010 ITEM: Federal Annual Certification Report Department: Staff Person: Police Department Bryan Williams Justification: Consider executing the "Federal Annual Certification Report" document which is required annually to account for monies and property seized under the Federal Equitable Sharing Agreement. Strategic Plan Relevance: SAFETY AND SECURITY Goal 30.0 Residents, Visitors and Businesses continue to experience a high and timely level of public safety and security. Seized proceeds and property used by the Police Department help to achieve this goal. These proceeds and property must be accounted for annually in the "Federal Annual Certification Report". This annual report is sent to the Federal government to outline the amount of funds remaining from the previous fiscal year, the amount seized during the current fiscal year, the amount spent on law enforcement purchases during the current fiscal year, and an itemized listing of the purchases. Funding: Cost: N/A Source of funds: N/A Outside Resources (if applicable): N/A Public Comment (if applicable): UPDATED: October 19, 2009 10.19.09 Request for City CounciUCity Manager Action ® City Council IR 1 City Manager Submit completed fon; for all City Manager and City Council approvals. Department Name: Police Department For Administration Use ONLY Received: Tag #: I V „. i O' - coY Original Documents Received: Project Name: Federal Asset Forfeiture Annual Certification Report Contact Person: Tricia McFerran / Sherrill Voll / Rick White ContractorNendor: Project Mgr/Resource: Rick White Project Coordinator: Rick White Assigned Attorney: J Kay Gayle City Council or City Manager Approval Date: Agenda Wording Funding Source: Additional funding Source: Amount: N/A 1/8/2010 Account Number: N/A Consider executing the "Federal Annual Certification Report" document which is required annually to account for monies and property seized under the Federal Equitable Sharing Agreement. Finance Information Is Funding Required? Yes (D I No E Initial Construction Contract Construction Contract Amendment Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Service Agreement Purchasing/Service Agreement Purchase Order Item(s) to be purchased Other (Please clearly identify action below) APPROVALS (to be completed ONLY by Finance) Final Finance Approval Requir APPIrAfed Amount FINANCE WA Approved' 0 H Finance/CIP Finance/Acct Purchasing Budget Once approvals have been obtained please forward the RFA, blue sheet, back up information and odginais fo City Secra(ary, Sara White. ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION. Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Rick White Dept. Director Signature: 3 "City Attorney Signature, City Manager Signature: Date: Date: 12/14/2009 lo I~ C6- 10 *City Attorney signature is required for all items. REVISED 12/14/2009 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: POLICE Project Mgr/Resource: SHERRILL VOLL nCouncil Action: ORDINANCE Agenda Wording FEDERAL ASSET FORFEITURE ANNUAL Project Name: REPORT ContractorNendor: US DEPARTMENT OF JUSTICE n RESOLUTION City Manager Approval CMA Wording Consider executing the "Federal Annual Certification Report" for monies and property seized under the Federal Equitable Sharing Agreement. Attorney Approval Attorney Notes/Comments O:\wdox\SCClnts\0121 \0902\MISC\00178986 Updated 6/3/08