HomeMy WebLinkAboutDocumentation_Regular_Tab 02_03/10/2011 VILLAGE OF TEQUESTA
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� AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text.
March 10, 2011
Consent Agenda: Yes Resolution #: Click here to enter text.
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Council Approval of the following agreements: Second Amendment-Law Enforcement Against Child Harm
Operational Task Force Memorandum of Understanding and Toshiba Lease Agreement.
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Council Approval of the following agreements: Second Amendment-Law Enforcement Against Child Harm
Operational Task Force Memorandum of Understanding and Toshiba Lease Agreement.
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
� No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No �,
— -------_.
Village Manager: ��^'�—
• SUBMIT FOR COUNCIL DISCUSSION: �]
�
• APPROVE ITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
� �.
�s��v� MEMORANDUM
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Village of Tequesta
�'�" `° y Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: February 25, 2011
SUBJECT: Councils approval — Second Amendment-Law Enforcement Against Child
Harm Operational Task Force Memorandum of Understanding and
Toshiba Lease Agreement
Attached for your approval is the following Agenda Items:
1. Second Amendment-Law Enforcement Against Child Harm Operational Task
Force Memorandum of Understanding.
2. Toshiba EStudio 2930C, RADf, Finisher, LCf Lease/Maintenance Agreement for
36 months— Community Development.
I respectfully request that the Council approves the agreements.
Thank you.
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. T� S H I BA CUSTOMER AGREEME�
BUSINESS SOLUTIONS M/A SALES REP NAME SALES REP NO. DATE ORDER STAGE NO.
� Florida YES AL Gur`dian DBSR27 2/9/2011
ACCOUrvT ❑ rvEw ❑ EXISTING GOVERNMENT
GOV
EMAIL ADDRESS ACCOUNT NO. DEPARTMENT ACCOUNT NO.
Community Services
COMPANY COMPANY
Village Of Tequesta
CONTACT COIVTACT
Brad Gomberg
ADDRESS ADDRESS
3�15 Tequesta Drive
cirv cour�v cirv cour�rv
�Tequesta Palm Beach
• PHONE FAX STATE ZIP+4 • PHONE FAX STATE ZIP+4
�3�J�.°�n�°°-��'l�� §=�. .:)�°��J�
•
• •� � • • • .� -
1 e2830C Copier
1 MR3018 Radf
1 GD1250 Fax
1 GP1070 Data OverWrite Enable'r
� �/IL AGE GLEi; S CFFICE
1 Stand 355 Console
Print and Scan Standard
Per Lease
:.�
PURCHASE With Credit Approval Cash Net Due On Delivery ❑ LEASE ❑ RENTAL TERMS .
No. of Months 36
Credit Card No. Exp. Date Monthly Payments �'1 rj$.rj7lP�ustax �
PO NO. $ $ First & Last months rent. •�
CK No. $ $ Security Deposit
❑ Stairs ❑ Ramp ❑ Loading Dock PAYOFF TO: ❑GEM Express
Check Request Form Required Y/ N Contract #
Delivery Date:
Special Instructions: BUYOUT (Quote Required) ❑ABC
UPGRADE Y/N
Account Number
ACCEPTANCE: THIS AGREEMENT IS NOT
VALID UNLESS SIGNED BY AN OFFICER AL Gurdian
OF TOSHIBA BUSINESS SOLUTIONS. SALES REPRESENTATIVE AUTHORIZED CUSTOMER SIGNATURE
x X
OFFICE APPROVAL MANAGERS APPROVAL PRINTED T MER S U
l/� L
CORPORATE OFFICE pFriANDp BRANCN 1�llAMl-DADE BRANCH TREASURE C6AST BRpNCH WESi PALM BEACH ATLANTA 6RANCH
6401 Nob Hill Road 2815 arectors Row i�700 fi625 Mlaml Lekes omre 151 5W Porl SL Lude BNd. 1400 Csntrepark BA�d„ Suite 9Q9 1 Glenlake Pkwy. Suite 1300
Tamarac, FL 33321 prlando, R 32809 Miemi Lakea, FL 330i4 Port St. Lucie, FL 34984 West Palm Beach, FL 33401 Atlarna, GA 30328
Maln (954) 428-1300 Maln (407� 852•1110 Maln (788) 994-1002 Meln (772� 878-5149 Mein (561} 684-23DD Me1n (770) 446�2009
Fa� (954� 556-8570 Fex {40T) 815-1511 FE� {305} 777�841 Fe� {772J 87E�ST23 Fex (561) 616-4595 Fefc (7T0) 446-2583
- . . . - . . . . . . - . .
C�STOMER A�REEMENT �
THIS IS SUBJECT TO THE �OLLOWlNG TERMS AND CONDITIONS:
1. This order shall not be binding on T9S, Fnc. (TBS) until approved at 7'BS hdme office.
2. Delivery of goods on common carrler or Ilcensed trucker sha�l constitute delivery to Buyer and
all risk of loss or damage in transit shail be 6orne by Buyer. All shipments are f.o.b. o�r ware-
house, except for machines.
3. TBS reserves the right to make defi�ery In instaltments. Such installments shall be separatefy invofced
and paid for when clue, w�thout regard ta subsequent dellveries. Delay in c�elivery of any install-
rnent 5hal� not re{ie�e Buyer of i#s qbligation to accept remaining irtstallments.
4. 78S reserves the right at any time to revoke any credit extended to Buyer because nf Buyer's
failure to pay for any goads when due or any other reason deemed gaod and sufficient by TBS.
5. TRS sha�t no# be iia�fe for faliure to delir►er or delays in deiivery occasiened by causes '
beyond 'F8S control, including wlthou! lim�tation to: strikes, lockouts, fires, em6argoes, war ar
ather outbreak or hostilities, inabitity io obtain materials or shipping space, machinery brea[sdowns,
delays or carr9er or suppliers; governmentaf acts and regula#ions, other causes beyond TBS
cont�o) and receipt pt orders from all sources in excess of 'fBS then scheduled
production ca�iacity.
6. This order shall not bs cance(able by the Buyer for delays in deiivery ar a#her cause unti{ ten
days after written not�ce af suc#� intention have been ac#ually received by 7�S during sucf� pertad.
7. TBS warranis that the gaods co�ered by th{s order when tieli�ered #o �uyer will be of
merchantable c�uaiity and froe from de#ecfs in �orkmanship and materiat tor a period of 90 days
from the date Qf dekivery of 76S urtBer orc[Inary use and concEitions. � BS's nbligation
9�ereunder is Qxpressiy limited fio the repair or replacement (at 7'SS electian) of such defec2ive
paris as are re#urner� to T[35 ut its 9�ame nfPice or such ather �lace as cfesignated by 'i��1S, freight
prepa#d, within the warranty period and which are prAVed fA be defective Espan inspection �y
TBS. If nat repaired or �r�placed kay 'i`�S, 'T�S 1iA�91i�y shaif he [imited 4+� fhe stat.wd selii�ig p��irle
o# such refurned parts �+h+ch are defective. �3#her repairs not under warranty �uilf b� at suCh
cost as TSS from tirr�e t� time r��nerally 4viil �?Sf�.1hIISh. In no e�e��t �i3all �SS be liable fi;�r r�suit-
fng or consequential damagss occasianed by a��y k�reeeh of warranty. T��CR� ARE NO
OTHER WARF�ANTIES 11VHiCH EX7��ID BEYOND 7NE t3�SCRfPT10N ON T;-fE FACf HEREOF.
ALt DTHEFi WARRANTIES, �XPRESS Ot� IMPLlEd, ARE �XCLU�EQ.
8. A!I clairr�s for goods or delay in delivery shall be deemed wai�ed unless made in writing cteliv-
ered to TSS, v�rithin ten days after receipt of goc�ds by Buyer.
3. Aii equipment s�all r�main the �roperty of 743S u��#il f'snal ��aymeni is made, ��rith the excepfiion
of lease sale. In the event it becomss neeessary, at TBS's sale dfscretion, fo repossess t4�e
�quipment ifsted within #his agreerrt�nt. Customer authorizes �"BS ia recover the equipment by
arty peaceful means withouf further legal action.
1�?. Delinquent aalances are subject to late charges of i'/2% �er fnonth. Customer is responsible for
a[l refated collection eosts including reasonable attorney f�es on unpaid batances.
11. This contract cons#itutes the entire agreement l�etween the parties ancE may not he modtfiecf or
ferminated except in writing signed by an officer of TBS.
�2. h� the event the equipment is not paEd for and therefore �aicked up there wiil be a$.05 per copy
usage c�arge and a reasonabla piCk up charge.
13, Terms or oral pron�ises not contai�ed in the written agreement wlfl not be tegaliy enforcec#.
�T �0 S H I B A APPLICATION NO. CONTRACT NO.
True Municipal
BUSINESS SOLUTIONS FMVLeaseAgreement
• ' • West Palm Beach
This document is written in "Plain English". The words you and your refer to the customer. The words Lessor, we, us and our refer to Toshiba
Financial Services. Every attempt has been made to eliminate confusing language and create a simple, easy-to-read document.
• �- � •
FULL LEGAL NAME STREET ADDRESS
Village Of Tequesta 345 Tequesta Drive
CITY STATE ZIP PHONE F,qX
Tequesta FI 33401 (561) 744-4055
FEDERAL TAX I.D.# E-MAIL ADDRESS
/ I 1/ 1 ' � •
EStudio 2830C ,RADf, Finisher, LCf, e3530C
Community Development
' ' '' � • . ••
Term in Months
36 Payments of $ 158.
36 (Plus Applicable Taxes) � 0
mos.) Lease Payment Period is Monthly Unless Otherwise Indicated. (Pius Appiicabie Taxes)
THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
� • � •
1. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties regarding the Equipment, and there are no other representations, warranties, promises, guarantees or agreements, oral or
written, expressed or implied between the parties hereto with respect to the Lease or the equipment. No modification or amendment hereof shall be binding upon the Lessor unless made in writing and executed on
behalf of Lessor by its duly authorized officer or agent.
2. LESSEE CONVENANTS: the Lessee covenants and warrants that (1) it has, in accordance with the requirements of law, tully budgeted and appropriated suffiaent funds tor the current budget year to make the
rental payments scheduled to come due and to meel its other obligations under the Agreement and such funds have not been expended for other purposes; and
(2) that there is no adion, suit, proceeding or investigation pending, or threatened in any court or other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would
(a) restrain or enjoin the delivery of the Agreement or the ability of the Lessee to make its Base Rental Payments (as set out above); (b) contest or affed the authority for the execufion or delivery of, or the validity of,
the Agreement; or (c) contest the exisience and powers of the Lessee; nor is there any basis for any such acdon, suit, proceeding or investigation; and
(3) That the equipment will be operated and controlled by the Lessee and will be used for essential government purposes and will to be essential for the term of the Agreement.
(4) Lessee has not previously terminated a lease for non-appropriation, except as speafically described in a letter appended hereto.
3. SIGNATURES: Each signor (two if monthly payment exceeds $1,200) warrants that he/she is fully conversant with the goveming relevant legal and regulatory provisions and has full power and authorization to
bind Lessee.
Signor(s) for Lessee further warrant(s) its governing body has taken the necessary steps; induding any legal bid requirements, under applipble law to arrange for acquisition of the Equipment; the approval and
execution has been in accordance with all applicable open meeting laws; and that a resolution of the governing body of Lessee authoriang execution of the Agreement has been duly adopted and remains in full force
and effect. (Confinued on the reverse sideJ
� � . .
Toshiba Financial Services
DATED LESSOR SIGNATURE TITLE
� . .
X
DATED CUSTOMER SIGNATURE � q,.� TITLE
C./ �
PRINT NAME
X
DATED CUSTOMER SIGNATURE TITLE
PRINT NAME
• • / /
You certity that all the equipment listed above has been fumished, that delivery and installation has been lully completed and satisfactory. Further, all conditions and tertns of Mis Agreement have been reviewed and acknowledged.
Jpon your signing below, your promises herein will be irrevocable and unconditio�al in all respects.
X
DATE OF DELIVERY CUSTOMER SIGNATURE TITLE
4. PURCHASE OPTION: After making all required payments, LESSEE may purchase the equipment for its Fair Market Value (FMV) which will not exceed 15� of the original equipment cost. At any dfher time,
LESSEE may purchase the Equipment for the then applicable "Remaining Balance" plus residual.
5. NON APPROPRIATION: In the event Lessee is in default under the Rental because:
1. Funds are not appropriated for a fiscal period subsequent to the one i� which the Rental was entered into which are suffident to satisfy all of Lessee's obligations under the Rental during said fiscal period;
2. Such non-appropriation did not result from any act or failure to ad of lessee;
3. Lessee has exhausted all funds legally available for all payment due under the Rental; and
4. There is no other legal procedure by which payment can be made to Lessor.
Then, provided that (a) Lessee has given Lessor written notice of the occurrence of paragraph t above thirty (30) days prior to such occurrence; (b) Lessor has received a written opinion from Lessee's counsel
verifying the same within ten (10) days thereafter; and (c) the Lessee dces not direclly or indirectly purchase, lease or in any way acquire any services or equipment supplied or provided for hereunder; upon receipt of
the equipment delivered to a location designated by Lessor, at Lessee's expense, Lessor' remedies for such default shall be to terminate the Lease at the end of the fisral period during which notice is given; retain
the advance rental payments, if any; and/or sell, dispose of, hold, use or lease the equipment as Lessor in its sole discretion may desire, without any duty to account to Lessee.
6. LEASE AGREEMENT: You agree to lease from us the personal property described under "ITEM DESCRIPTION" and as modified by supplements to this Master Agreement trom time to time signed by you and us
(such property and any upgrades, replacements, repairs and additions referred to as "Equipment") for business purposes only. You agree to all of the terms a�d conditions contained in this Agreement and any
supplement, which together are a complete statement oi our Agreement regarding the listed equipment ('Agreement") and supersedes any purchase order or outstanding invoice. This Agreement may be modified
only by written agreement and not by course of performance. You authorize us to insert in this Agreement serial numbers and other identification about the Equipment induding your proper legal name, as well as
other omitted fadual matters. This Agreement becomes valid upon execution by us and will begin on the rent commencement date shown and will continue from the first day of the following month for the number of
consecutive months shown. The term will be eutended automatically for successive 12 month terms unless you send us written notice you do not want it renewed at least thirty (30) days before the end of any term.
Leases with $1.00 purchase options will not be renewed. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR DOWNWARD, IF THE ACTUAL COST OF THE EQUIPMENT
EXCEEDS OR IS LESS THAN THE ESTIMATE PROVIDED 70 LESSEE. If any provision of this Agreement is dedared unentorceable in any jurisdic[ion, the other provisions herein shall remain in full force and
eNect in that jurisdiction and all others.
7. RENT: Rent will be payable in installments, each in the amount of the basic lease payment shown. Subsequent instaliments will be payable on the first day of each rental payment period shown beginning after the
first rental payment period or as otherwise agreed. The rent payable for the month of rent commencement shall be prorated from the monthly rental amount set forth above. We will have the right to apply all sums,
received from you, to any amounts due and owed to us under the terms of this Agreement. It for any reason, your check is returned for nonpayment, a$20.00 bad check charge will be assessed.
8. COMPUTER SOFTWARE: Not withstanding any other terms and conditions of the Agreement, you agree that as to software only: a)We have not had, do not have, nor will have any title to such software, b) You
have executed or will execute a separate software license agreement and we are not a party to and have no responsibilities whatscever in regards to such license agreement, c) You have selected such software and
as per Agreement paragraph 10, WE MAKE NO WARRANTIES OF MERCHANTABILIIY FOR FITNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTIVE
NATURE OF SUCH SOFfWARE.
9. OWNERSHIP OF EQUIPMENT: We are the owner of the equipment and have sole title to the equipment (excluding software). You agree to keep the equipment free and dear of all liens and Gaims.
10. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EUUIPMENT IS
MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR
REPHESENTATIONS MADE BY US. YOU LEASE THE EQUIPMENT "AS IS." NO REPRESENTATION OR WARRANTY OF TBS WITH RESPECT TO THE EOUIPMENT WILL BIND US, NOR WILL ANY
BREACH THEREOF RELIVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER.
11. LOCATION OF EDUIPMENT: You will keep and use the equipment only at your address shown above and you agree not to move it unless we agree to it. At the end of the AgreemenYs term, you will return the
Equipment to a location we specify at your expense, in retail resaleable condition, full working order, and in complete repair.
12. LOSS OR DAMAGE: You are responsible for the risk of loss or for any destruc[ion of or damage to the equipment. No such loss or damage relieves you from the payment obligations under this Agreement.
You agree to promptly notity us in writing of any lass or damage and you will then pay to us the present value of the total of all unpaid lease payments for the full lease term plus the estimated fair market value of the
Equipment at the end of the originally scheduled term, all discounted at six percent (6 %) per year. Any proceeds of insurance will be paid to us and credited, at our option, against any lass or damage.
73. COLLATERAL PROTECTION AND INSURANCE: You agree to keep the equipment fully insured against loss with us as loss payee in an amount not less than replacement cost until this Agreement is
terminated. You also agree to obtain a general public liability insurance policy from anyone who is acceptable to us and to indude us as an insured on the policy. You agree to provide us certificates or other evidence
of insurance acceptable to us, before this Agreement begins or, should you wish us to waive this requirement, we will bill you and you will pay a property damage surcharge of up to .0035 of the equipment cost as a
result of our administrative costs, credit risk and other costs. We may make a profit on this program. As long as you are current at the time of the loss (intentional acts are not included), the remaining balance owed
on the Agreement will be forgiven. You must be current to ben�t from this program. NOTHING IN THIS PARAGRAPH W ILL RELIEVE YOU OF YOUR RESPONSIBILITV FOR LIABILITY INSURANCE COVERAGE
ON THIS EQUIPMENT.
14. INDEMNITY: We are not responsible for any lass or injuries caused by the installation or use of the equipment. You agree to hold us harmless and reimburse us tor loss and to defend us against any daim for
losses or injury caused by the Equipment.
15. FEES: You agree to pay us any filing fees prescribed by the Uniform Commercial Code or other law. My fee we charge may include a profit.
16. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell, assign, or transfer this Agreement without notice. You agree
that if we sell, assign, or transfer this Agreement, the new owner will have the same rights and benefits that we have now and will not have to perfortn any of our obligations. You agree that the rights of the new
owner will not be subject to any daims, defenses, or set offs that you may have against us.
17. DEFAULT AND REMEDIES: If you do not pay any lease payment or other sum due to us or other party when due or if you break any of your promises in the Agreement or any other agreement with us, you will
be in detault. If any part of a payment is late, you agree to pay a late charge oi 15 % of the payment which is late or if less, the maximum charge allowed by law. If you are ever in default, we can termi�ate or cancel
this Agreement and require that you pay (1) the unpaid balance of this Agreement (discounted at 6% ) through the end of the then current fisral year; (2) the amount of any purchase option and if none is spedfied,
20% oi the original equipment cost which represents our antidpated residual value in the equipment; (3) and/or return the equipment to us to a location designated by us. We may recover interest on any unpaid
balance at the rate of 8% per annum. We may also use any of the remedies available to us under Artide 2A of the Uniform Commercial Code as enaded in the State of Lessor or its Assignee or any other law. If we
refer this Agreement to an attorney for collection, you agree to pay our reasonable attorney's fees and adual court costs. If we have to take possession oi the equipment, you agree to pay the cost of repossession.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. You agree that any delay or
failure to enforce our rights under this Agreement dces not prevent us from enforang any rights at a later time. It is further agreed that your rights and remedies are governed exclusively by this Agreement and you
waive lessee's rights under Artide 2A (508-522) ot the UCC.
18. UCC FILINGS: You grant us a security interest in the equipment if this egreement is deemed a secured transadion and you authorize us to record a UCC-1 financing statement or similar instrument, and
appoint us your attorney-in-fact to execute and deliver such instrument, in order to show our interest in the equipment.
20. CONSENT TO LAW, JURISDICTION, AND VENUE: This Agreement shall be deemed fully executed and perfortned in the state ot Lessor or its Assignee's principal place of business and shall be governed by
and construed in accordance with its laws. If the Lessor or its Assignee shall bring any judicial proceeding in relation to any matter arising under the Agreement, the Customer irrevocably agrees that any such matter
may be adjudged or determined in any court or courts in the state of the Lessor or its Assignee's principal place of business, or in any court or courts in Customer's state of residence, or in any other court having
jurisdidion over the Customer or assets of the Customer, all at the sole election oi the Lessor. The Customer hereby irrevocably submits generally and unconditionally to the jurisdic[ion of any such court so elected
by Lessor in relation to such matlers. You waive trial by jury in any action between us.
21. ACCEPTANCE: This Agreement will be binding on Toshiba Finandal Services only if Toshiba Financial Services accepts it, as evidenced only by the signature of a� authorized representative of Tashiba
Finandal Services. We will not be deemed to have accepted this Agreement unless (a) Our credit evaluation ot Customer is satisfactory and (d) this Agreement does not coMain any mathematical error or
unauthorized price change. In the event of non-approval, the sole liability of Toshiba Financial Senrices shall be to refund to You the amount that has been paid to Us by You upon the signing of this Agreement.
22. REPRESENTATIONS: You represent and warrant to us that (1) you have the lawful power and authority to enter into this lease, and (2) the individuals signing this Lease have been duly authorized to do so on
your behalf, (3) you will provide us such financial information as we may reasonably request from time to time, (4) all finanaal information provided (or to be provided) is (or will be) accurate and complete in all
material respects, (5) you will promptly �otify us in writing if you move your prindpal place of business, and (6) you will take any ac[ion we reasonable request to protec[ our rights in the Equipment.
23392 - 09/19/2007
. T�S H I BA MAINTENANCE AGREEMENT
BUSINESS SOLUTIONS M/A SALES REP NAME SALES REP NO. DATE ORDER STAGE NO.
Frar;da YES AL Gurdian DBSA27 40583
ACCOUNT NEW EXISTING NATURE OF BUSINESS GOV
EMAIL ADDRESS ACCOUNT NO. DEPARTMENT ACCOUNT NO.
Community Services p
COMPANY COMPANY
Village Of Tequesta
CONTACT COMACT
Brad Gomberg
ADDRESS ADDRESS
345 Tequesta Drive
ciN counrrv cirv coun�rr
0 Tequesta Palm Beach
� PHONE FAX STATE ZIP+4 • PHONE FAX STATE ZIP+4
' 561-744-4055 - FL 33469-00�0
. �
1 e2830C Copier
1 MR3018 Radf
1 MJ1101 Finisher
1 KN4520 Bridge
1 KD1024 LCT
MAINTENANCE AGREEMENT PLAN TYPE Black Color
Covers parts, labor, drums, PM kits and toner Equipment Line No.
A(excludes, paper, staples, color toners & shipping e2830C @2830C
Covers parts, labor, drums, PM kits only. (excludes paper, toner, staples & plan Type:
B shipping) d
Covers parts and labor only (excludes drums, paper, toner, PM kits, staples 8 gase Rate of:
C shipping) ��.��6$9 0.05283
p Covers parts, labor, drums, PM kits & colortoner Billing Invterval MONTHLY
(excludes paper, staples & shipping)
E Excluded, not cover under any service program Black CO�Of
Allowable Copies of: 0 �
Covers arts and labor for non co ier e ui ment excludes shi in Per Copy Price �0.00689 0.05283
F P P 9 P � PP� 9)
Excess Copies Billed MONTHLY
Meter Contact Information ( Required ) Connectivity Agreement
Must List Quantity for all Connected Dev'
Contact Name: Brad Gomberg eBridge $5.00 per month Qn
Phone: 561-744-4055
Fax:
eBridge, eCopy $1 er month QTY
Email:
Meter Remittance Internal Fiery $12.0o per montn (�TY
�ta��it`�'t������rtb�€1,�€�si3i�3�.��� al Fiery $15.00permonth QN
I have reviewed Toshiba Business Solutions Maintenance Agreement I have review Toshiba Business Solutons Maintenance Agreement
Program and DO NOT want to participate at this time. Program above and on the reverse side of this document, and DO wish to
participate at this time. �
X p
CUSTOMER SIGNATURE AUTHORIZED CUST ER T G�G j
Acceptance: This agreemeM is not valid unless signed, by an office oF Toshiba Business Solutions. ` �
X X
OFFICE APPROVAL PRINTED CUSTOMER SIGNATURE
All transactions from the 27th and 31 st of the month shall be prorated to the 7th of the following month.
PERFORMA�CE ,
TOSHIBA BUSINESS SOLUTIDMS (I'BS) and purchaser (hereafter ca�led customera •.
TERMS AlJD CONDITIONS
I. TSS's RESPOP151BILiTIES B. TBS w+ll not be Ilable fOr any f�ilure nr delay in perfarmance due in whole or in
A. Undor Plan A(except far paper, staoles: and Color toner) T65 �Mff replace part In any cause beyortd TSS`s cor.trol, in�luding huf not limited to work
r+ilhout char�e, �aRs which have broken or wom ihraugh use and are necessary sfoppages, Sires, civll disobeciiance, riots, rebelliors, acts of God and _
?o machine servicing and maintonance adjustrnenSS. TSS agrees to furnlsh similar occurrences.
authorYeed suppiies and drums �.vhich shall ba detivered at accepted intervals C. There rere no sxpress or irnplied warrandes, includir,g the impl9ed warrentiea oi
and �n sutficieni quantlties as u�age history dic!ates antl as determined by TBS, merchanlabiliiy antl fitness for a particular purpose, not specilied harain' '
4. Under PJan B{except for pa}�e��, to�er, develo{�er, staples, mastsr, cleaning weba, respeciinp this Agreemeni tor the equipment and service provklod.
leed be?ts • lamps, antl paneis) "fF3S will replace witho��t charge, pars wh�ch have D. Ths Agreement represents the entira agreamant hehveen the partias and .
broken or wom lhrough use and are necessary to machine servicing anti superseoes all prior oral andio� written proposals and communications. .
maintsr,ance ad�ustmenls. E. T�is Agreemern extends nn'ry ta the original Customer and is rso�i-transferabie. This ,
C. ilndar P�an C{except for, paper, tcnar.. develo�er, s:aples, masler, cleaning webs, Agreemer.t cannot he honored if She Bquipment is muved out [he TBS's normaf
feed belts, lamps, photoconduclor. drums, and panetsl T65 will replace witriou! serviee area. If the equipmeM is moved beyond TBS's service zones, Custotner
charge, parts whicfi have broken or wum through use artd are necessary tp agrees this Agreemen; shail be deemed terminated by Customer. -
machine se�vicing. F. The trensfer of equfpment �o a d'rfferent zone wiFhin the �a+tiCe srea subjecls the "
D. Urider Plan p{exoept inr Qaper, suppiies, cartrkiges, or par�el,) T8S will replace /u,paement lo the appllrxble rate fw ihe new mne and any end aq ad�onal lees
wlthout Cherge, p�rts which have brof�.w wam iluough use end are necessary assoclated w€th trar�er.
tn equlpment seMdng an6 equfpm�rt adptshner�ts. '� G. Customer's exalus+ve remedy and T89's enbre Gability in Agreemern; for or other
II. CUSTOM�R'S RESFON518iLITfES - wise, will be to make all necessary adjuslmenis antl repalr (or at �fBS's option
A. Custaner wTll provida TBS true 'end accurate copy counter readings a1 rep�ace ar subsaitu[a equipment) fo kaep the �ulpment in good opera�rx,�
monthly/quarterly/annual intervals in any reasonahie manner reque9ted by 7BS �dition in accordance wAh lhe rrianuFaclurBfS �oklCies then in effect.
fo� the �urpose of maintanancR and hllElhg. AH coples In ezce9s ot tlie emount �• In r�a evant,witl TBS be tiabl6 for any ind3rect, special or Cpnsequentia! tlamages,
tncluded in the Base charga are sub�ect to a maintenence meter 6ttEing. arising out of ihis Agre2ment or the use of any equipmeM and services provjded
B. Customer agrees ihat in .. the evenS TBS does not ..rece�ve currant • undar this Agreement. :
monthly/quarie�lyiannual copy count9, the Cusfoiner will recaive a 6iiling tur the V. TEHMB RND CONDRtONS
riase amount and/or an estimated 6ill based on previcus usage history. R. This Agreement tivill renew autot�saifcally lor suceeaslve annuat tetms unless
C. Customer agrees to promptly notify '{65 of any problems or malfunctions wlth cestomer noti8es TBS +n writing thlrty {30) days prlor to anniversary d�te.'BS
th� system and cease usage of the system unvl correcsion of such problem is retolne 1he right !o increase rates each annual renewal period wllhout noEice
rrtade. to Customer.
D. C�storner agreas ihat all supplies furnlsFted hereunder inr,iuding consumable B. Recontlit�uning: VYhen a shop reconditiorring Es necessary or :he manufacturtu's
parts such 9s drums, remain tiie ptopEiRy of. TSS uMii sei4 supplies are lite e�cpectanay of the ec}uipment hae bean exceeded, and normal repairs and
cons�med to the exient that they may not he furtiier utilizsd In lhe copy makiny parts replacemeM cannot keep a unit ir, satisfaetory conddion. T6S will suAmit
prar,ess, a cosl estimate of needad repairs whith w71 be !n atldidon to mamtenance
E. Customer sha�� provide an cquipment operator tnr eaeh shift o1 nperallon anci charges. If tho Customer daes no[ aulhosize such woric. TBS may refuse to renew
shaY, at T3S's request, preszni �perators ior insiruction in use and care ot the this Ayreement ior tho unit �nd�or may retuse io cantinue to senrice the unit under
equipmer�. � this Agreemsnt, fumishing service onh/ on a"Pei Caft' bas'ss.
F?LAN A ONLY - CastarrFer agrees loner wlll be ussd exclusiveiy in contraoted G TBS reserves the righf fo fnspact �II equipmeM ta be covered undar this
equipment Irsted csn fiont side here of. Ctistamer f�rther agrees to-pay T8S its Agreement to determine fhat it is in good mechenical condilion on Ihe e{fective
pi.iblishzd rate le? s:,ppGes, +n Ihe eL�ent T6S deems toner usage to be excess�ve oate of d:is Ac�rzemenL ShoulJ the vquipment require re�air or overheul for
or customer uses supplies in equEpmeni not coverad by Cie agremnent._ acc°ptance such Fepairs, it.rec}uesteq, will be made at TBS's then aurrent houriy
G. Customer agrees to pay invoices promplly. Shau:d the custnmer he CeElnquent rate plus pa�ts, TSS raserves the right lo tliscontlr�ue ihis Agreement on nny
tor more than thirty {30� days, TBS at its opGon may cancel iMS Agreement machine fa fhe followng reasor,s:
wdhouC'notice: Cusic�ne'r' agiees' io'� pay a tinarice chargs 'of' 1'?: "moi�Eh '�" 9) ihe ma`cli3ne is no1'befrig usedfri acccrdance wdfi intended'purposes "`'- ''
on eny past due balanca. furthar, Customer agrees ro pay a�l costs of ca8ectfon 2}_l�Gkot.proper �p� r._ . tenaqQe bet»ee�i scheduleq irup�,ons, �,
incll�di, :_ _`_ . , . .-. .
�g �54n�?1����y's�fea,q, �lhgther sui�,be brought•oF.pot, incurred,by„ ..__3)�U[igeq3equipriierrt�y�e l Opefators ' ••� -• 3 � 'j` .
TBS in colleciing any pasl +duo balanpe, or rc-�overdng any ec�ip�neni. AIE , 4) equiprr�erA in shop tor repeir or overlaul but approval to proeeed has �
paymerlls�shaUbe made ta TB�_at,ils UifiCe ils Broward County, Florida. ; '" been denied '"' ' "'' �' ' ,
hl. Customer agreAS to pay shippiny and hantlling For the delivery ot cnn5u�abie;. � 5� p2rts ere ho longer availab[e tti 7�3'firom the rttdnufacturer Of th¢ equipment
11l. PERFOiiMk�IC�G[TARANTEES D. #n addiiion to aif other charges, the Customer shall 6e responsible for any fuel
A. The lolbFViny 2re the terms antl contlEdons pertaining to T6S's :performanca ���afge �pplicable ?ax, rrow'or hezeaiker'asse§sed, levied or imposed by anq .
`: uaraniees: '"" °_':. ."' � Fe , St�te o I.ocal authoriry, ta any petformance equipment or supplies.
tler�+l r
g ° � + ' � � ' j providei!'lirtper this Aareemen,.
_ . ..
:: J�t_q ;. guara�tegs to �espQ�tl :?Q". �n._ emergency. ,�opie�. ,Call .within rormal. .. �-.� one is au�horized to cha e aker dr amend the terms or condillor�s ot this
bus�ness nours- � •
2� In ihe event that ihe equipmem hecomes unrep�irable3 withln 3D monihs after AgxEemenf unles5 agreed to in writing by bWh �arties and appraved by art olficer
;he date, of this Agreement, T6S will replace it wlthin a piec:e c1 ot T85 and Customec
,._ similar iir' like eguipmenF, at . nn addi�onal, charge, as pec f�B TQC Pragrem. F�r�+� �he rioht io retusH,ortlers for Maintenance Agreements wtien serYc9
� 3y i� the �everit that i! is necessary Eo remove the copier equ�pmenl io T9S's � noEa►�aHeb e or In remote areas. . �-;-
_f'ri}i,ly fQ�, r�pa1 � TBS .y�jil, Rrovide traqsportatinn t.a. and, from the customer's G. . This Agtetl�ent does not indude; purohase, deiivery oi iri�stallation charges of the ;
�ite and wip providC a similar machina gs g loanec The Customer� agrees tu equipmens, optlanal accessories in.shqp �aconditioning, nr rtajor modHkatlons to
.pay thfl sSdndazd mot�UUquarterly!eqn�l cha�ge a�d ove�age tivhen loaner is ihe equipmern.
in use py khe Cpatacnar,, � . Vi. EqNC�LLATIbN AND DBFAULT '
1V. 11MRATtONS "-'' `"' ' R. This Agreement may be terminatetl by eliher pariy as of the first day:of he month
A. The Charges_,ugd'er Cq trac[ shall,s eci� s,�lly"excSude'ooVePage for ��lowir,g 30 days written.�lice,.-in ihe.EVent of serminatic>n or default.the .
Ihe tollowing: ' ° . : . � -�P? . �• Customsr agrses.topa y the k>lbwing ih liqukl�ted dertwg¢s.. _ . .
f} repa;�s �asuuin� from cause$ oiher,�han nurmat use, such as abuse, or misuse � �) �� of the Annuaf'rzed base charg� duririg th8 firSt G mhntll§ Initial Agreement
by the operators inch�dmg without !imitartion to: damage to copier tlrum� antl �se Gerfed. 1n ihe case that this calculatlon results in � credit no refund wili be
of �neut7totf�ed�'supp3les.. !t .shali aiso exclucte accidents, iheft, varXiailsm, made. lnstead, a credit for tha amount due will be app�led to the Customer's
eEectrieal failure. unsuitlhle electricai power, fire, water, damage due to �CD tor future purcheses. -
�, transportetion; Yailut8 to prWi�e su!table offlce envlranrr�ent pr., d�ilure to 2) One fourth of the annualizod usage charge after the firsl 8 rnonths of th�-initial
pFovide ihe space requlremer.ts recommentletl by tlfe it4�ufacturet' A9reeinent. In it�e cass thaf this calculation resutL4 7n a eretiil no refund will bo
2y repairs ma�te necessary i�y service pe�7orrred other ,hen by T85 or it� ba made. insteac� a cretlit for ih� amouni due wiil bo appl�ed to ttie
au�orized represernatives. Customer's acccunt for ,uture purcheses.
3) service ca11s or work which thC Cuslomer requeses to'#�e performed autside , S�Id CusKaner t�i� en pey macit7,ly;'quartedylannuat billing or other charges �s
TBS's reguEar �usiness hours (Monday throc!gh Frida/, 8:30 a.m. to 5:00 p,m„ n�ay he called for urder this Agreement hilhin lh(rty (3U) daS�s of the submiss;on
excluding weekends entl hoiidayst excepi fhat such fwu�s work mey b� o� �e inwico, TBS may if it5 option � �
erranged by separata contract and payment of additicnal cha�eV, i) rer�sa lo concnue serv:ce of ihe equip���M or
4) all optiortel sq��ipme�rt uNess otherwfse specified on the (rprrt of this Agreerrrent. K) �urnish service on4y on a"Pe� Call' oasi3 -
� C. Upon canceilativn Custo�er agrees W pay for al! riaits, lai�cr and SuppEies,
' including Qua��ty Assurance Calls, rendered during c�npel�ri Agreement �period.
P�RFORMA�lGE GUARANTE�S
�quiprnent Guarar�tee ?,�e eq��ipment specitied above is condilionaAy Evarranled bv Tosh Business solurons for as :or, as the above desr.riped CcmparEy shaf I own the machine.
;�:rnr,dea iha.t is covered hy a Toshiba 13usi^ess Sclutions n�a:etenance and supgort prograr:i. 7he warceMy shalt cover the plan indicated and Ps suhject ia the tem�s and conditiona
2bpve.
^eplacement Gueran:eo � If the equ�pment spec+fied cn tl�e everse side is oovered by T�shiba Bu�in�ss Setufions mainlenance agreemeni artl becomes unrepairable wdhin 36
months irom the date oi Ehe ac�reeme�t, we will replaoe it with a piece of similar or like equipment at no additional charge.
L
Office of the Generel Counsel
2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
(954) 831-8920 (Telephone)
(954) 321-5040 (Fax - Legal) ' � � �
(954) 797-0937 (Fax - Confiscations Unit) � �
wwwsheriff.org ��'/ it� Ser�ice wi �ll�1�2QY/!lJ:M
v l/
February 14, 2011
Chief Rick Ricciardi
Village of Tequesta Police Department
357 Tequesta Drive
Tequesta, FL 33469
Re: LAW ENFpRCEMENT AGAINST CHILD HARM (LEACH) Task Force
Second Amendment to the Memorandum of Understanding (MOU)
Dear LEACH Participant:
Enclosed please find a Second Amendment to the LEACH Task Force MOU which
includes a Task Force name change and further defines the roles and responsibilities of
participating agencies.
Please execute the Amendment and send an original signature page to my
attention by February 25, 2010. Please retain the other signature page for your file. If
requested, I will provide copies of all signature pages to the parties for their files.
Should you have any questions or concerns, please don't hesitate to contact me at
(954) 831-8920.
Sincerely,
�
Teresa D. Sands
Sr. Legal Counsel
Attachment
SECOND AMENDMENT TO THE
LAW ENFORCEMENT AGAINST CHILD HARM (LEACI�
OPERATIONAL TASK FORCE
MEMORANDUM OF UNDERSTANDING (MOU)
For Village of Tequesta Police Department
Chie Rick Ricciardi
Date: O� - z3 - //
` SECOND AMENDMENT TO THE
LAW ENFORCEMENT AGAINST
CHILD HARM (LEACH) OPERATIONAL TASK FORCE
MEMORANDUM OF UNDERSTANDING
This is a SECOND AMENDMENT to the Memorandum of Understanding for the Law
Enforcement Against Children (LEACH) Operational Task Force is made and entered this
�'`' day of February, 2011.
WITNESSETH:
WHEREAS, a Memorandum of Understanding (MOU) created a multi-agency task
force intended to combat crimes committed against children and the criminal exploitation
of children that is committed and/or facilitated by or through the use of computers, and to
disrupt and dismantle organizations engaging in such activity; and
WHEREAS, the selected name for the multi-agency task force is the Law
Enforcement Against Child Harm (LEACH) Operational Task Force; and
WHEREAS, on or about February 8, 2008, the parties entered in a First Amendment
to the MOU indefinitely extending the term of the Agreement until terminated in accordance
with the MOU; and
WHEREAS, the Task Force desires to further expand its mission to include
prevention of the exploitation of children committed by or through the use of computer by
educating the public via lnternet Safety presentations; and
WHEREAS, the Task Force desire to clearly identify the specific agencies that will
participate in this MOU and to clarify the respective responsibilities and jurisdictional
boundaries for participating agencies.
THEREFORE, in consideration of the mutual terms and conditions contained herein,
the parties to the Memorandum of Understanding agree as follows:
1. The foregoing recitations are true and correct and are incorporated herein
by reference.
2. The Task Force shall now be named the "South Florida Internet Crimes
Against Child (ICAC) Operational Task Force".
3. The following sections: Participating Agencies, Mission, Jurisdiction,
Composition and Supervision, Records and Reports, Interplay with State
and Federal Authorities are amended as set forth in Exhibit A and
incorporated herein.
4. Except as modified herein, all remaining terms and conditions of the
Agreement and its amendments shall remain in full force and effect.
Page 1 of 2
` IN WITNESS WHEREOF, the parties execute this Second Amendment on the
date(s) set forth below:
AL LAMBERTI, AS SHERIFF OWARD COUNTY, FLORIDA
.
By: Date: Z "' 9 "� �
AI Lamberti, Sheriff
Approved as to form and legal sufficiency
subject to execution by the parties:
�B . Date: � � 1
Y
udith W. Levine, Esq.
General Counsel
Page 2 of 2
SOUTH FLORIDA INTERNET CRIMES AGAINST CHILD (ICAC)
OPERATIONAL TASK FORCE
MEMORANDUM OF UNDERSTANDING (MOU)
WHEREAS the below subscribed law enforcement agencies have joined together in a multi-agency
task force intended to combat crimes committed against children and the criminal exploitation of children
that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle
organizations engaging in such activity; and
WHEREAS the undersigned agencies agree to utilize applicable state and federal laws to prosecute
criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of
Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to assist law enforcement in
investigating and combating the exploitation of children which occurs through the use of computers by
providing funding for equipment, training, and expenses, including travel and overtime funding, which are
incurred by law enforcement as a result of such investigations.
NOW THEREFORE, the parties agree as follows:
SECTION I
PARTICIPATING AGENCIES
Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement to
implement the South Florida Internet Crimes Against Child (ICAC) Operational Task Force:
The Atlantis Police Department
The Attorney General's Office (Jacksonville)
The Avon Park Police Department
The Bal Harbor Police Department
The Boca Raton Police Department
The Bowling Green Police Department
The Boynton Beach Police Department
The Broward Sheriffls Office
The Broward County School Board Inv
The Florida Deparhnent of Law Enforcement
The Charlotte County Sheriff's Office
The City of Miami Police Deparhnent
The Clewiston Police Department
The Coconut Creek Police Department
The Collier County Sherif�s Office
The Coral Gables Police Department
The Coral Springs Police Department
The Davie Police Department
The Delray Beach Police Department
The Fort Lauderdale Police Department
The Fort Myers Police Department
The Hendry County Sheriff's Office
The Hallandale Beach Police Department
The Hialeah Police Deparrinent
Page 1 of 7
The Hollywood Police Department
' The Homestead Police Department
The Indian Creek Police Department
The Indian River County Sheriff's Office
The Jupiter Police Department
The Key Biscayne Police Department
The Key West Police Department
The Lantana Police Department
The Lauderhill Police Department
The Lee County Sheriff's Office
The Monroe County Sheriff's Office
The Margate Police Department
The Martin County Sheriff's Office
The Martin County State Attorney's Office
The Miami Beach Police Department
The Miami Dade Police Department
The Miramar Police Department
The Palm Beach County Sheriff's Office
The Palm Beach Police Department
The Palm Beach Gardens Police Deparhnent
The Palm Beach School District Police
The Pembroke Pines Police Deparhnent
The Port St. Lucie Police Department
The Sebastian Police Department
The St. Lucie County Sheriff's Office
State Attorney, Fifteenth Judicial Circuit
The Sunrise Police Department
The Tequesta Police Department
The Vero Beach Police Deparhnent
The West Palm Beach Police Department
The Wilton Manors Police Deparhnent
Additional parties may enter into this Agreement at a later date upon signing the Agreement upon the
approval of the Broward Sheriffs Office Task Force Commander. Any pariy may cancel its participation
in this Agreement upon delivery of written notice of cancellation to all Parties to the Agreement.
SECTION II.
MISSION
The Task Force is to effect dedicated and intensive investigative, proactive, and general law enforcement
efforts primarily with regard to the investigation of the criminal exploitation of children committed by or
through the use of computers, computer technology, and the Internet. Such crimes include, but are not
limited to, the procuring, collection, transfer or distribution of child pomography, and, the luring,
seduction or enticement of a child for sexual purposes through computer on-line services, bulletin board
services, or Internet services. The principal goals of the task force shall be the successful identification,
apprehension and prosecution of child molesters, child pornographers, child pornography collectors or
distributors, child abusers, and preferential sexual offenders who target children. The Task Force shall
strive to prevent the victimization and sexual exploitation of children by also educating the public via
Internet safety presentations. The Task Force shall strive to prevent the victimization and sexual
exploitation of children and to identify and assist victims and potential victims of child pornography,
computer pornography and child abuse. Such efforts shall include, but are not limited to, covert undercover
operations designed to detect illegal activity and to identify those involved in such activity including those
directing or otherwise controlling organized child pornography rings; the collection and maintenance of an
intelligence database identifying known and suspected child molesters, child pornographers, child
Page 2 of 7
• pornography collectors or distributors, child abusers and preferential sexual offenders who target children;
the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the
seizure and forfeiture of assets of those engaged in such activity or otherwise supporting such activity
(utilizing state and federal forfeiture options, as appropriate); and the referral of investigative leads and
intelligence to such other federal, state, or local law enforcement authorities as may be required and
appropriate under the Task Force's operations.
The Parties to this Agreement are contributing personnel and resources in support of the Task Force
efforts, with the operations of the Task Force being coordinated with the Broward Sheriff s Office and
other Task Force members.
SECTION III.
JURISDICTION
The principal sites of Task Force activity shall be within our Areas of Responsibility (AOR) that include
the cities within the following counties: Broward, Charlotte, Collier, Glades, Hendry, Indian River, Lee,
Martin, Miami-Dade, Palm Beach, Martin, Monroe and St. Lucie. Nothing in this Agreement shall be
construed as to grant jurisdiction outside a Task Force member's normal territorial boundaries. The
appropriate federal and/or state authorities will be contacted should an investigation extend outside the
jurisdiction of the respective Task Force agency.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee of the
Participating Task Force agencies.
SECTION IV.
COMPOSITION AND SUPERVISION
The undersigned agencies agree that the Broward SherifPs Office as the grant recipient shall be the lead
agency of the Task Force. The Broward SherifFs Office Task Force Commander will be responsible for
determining the equipment, personnel, and training needs of the Task Force.
The day-to-day operational decisions for individual cases will be the responsibility of the originating
agency. However, all cases will be monitored by BSO and FDLE. Furthermore, the authorization of
overtime, the purchase of equipment and any other expenditures will be the responsibility of BSO (as the
grant recipient), to the extent that these costs will be funded - as permitted - by the federal grant disbursed
by OJJDP.
All personnel participating in Task Force operations and the equipment utilized by such personnel as
provided or assigned by the Advisory Board shall be under the supervision, direction and control of a Task
Force Supervisor(s), who will be one member of BSO and one member of FDLE. Standard operating
procedures will be further guided by the OJJDP Internet Crimes Against Children ("ICAC") Guidelines
which are attached and incorporated herein as Exhibit "A." In no event will a Task Force member be
expected or required to violate or otherwise fail to maintain restrictions or limitations imposed by (aw, or
the member's employing Agency's rules, standards, or policies while the member engages in Task Force
operations.
Upon written notification to all Parties, a Party to this Agreement may otherwise add, substitute, reinstate,
or replace any of its sworn or support employees participating in the Task Force. However, the Task Force
Commander may request that a particular sworn member or support person assigned to the Task Force no
longer be allowed to participate in the Task Force.
Page 3 of 7
SECTION V.
LIABILITY AND COST-RELATED ISSUES
Each Party to this Agreement agrees to assume its own liability and responsibility, as outlined below, for
the acts, omission, or conduct of such Party's own employees while such employees are engaged in Task
Force operations.
Each Party agrees to maintain its own comprehensive general liability insurance, professional liability
insurance, automobile liability insurance and workers' compensation insurance policies or maintain a self-
insuring fund or the term of this Agreement in the amounts determined by each Party to adequately insure
such Party's liability assumed herein, but in no event shall such coverage be less than the amount of
statutory waiver of sovereign immunity.
Each Party agrees to provide the other Parties with proof of insurance (comprehensive general liability,
professional liability, automobile liability and workers' compensation) or proof that the Party maintains a
self-insurance fund consistent with F.S.S. Chapter 768.28.
Each Party (indemnitor) hereby shall, to the extent permitted by law, indemnify from any liability and hold
harmless the other Parties (indemnitees), their employees, agents, or servants against liability including,
but not limited to, court costs and attorneys' fees, arising from any actions, causes of actions, suits,
trespasses, damages, judgments, executions, claims, and demands of any kind whatsoever, in law or in
equity, brought against the indemnitees, their employees, agents, and servants as a result of the indemnitor,
its employees, agents or servants' negligent acts or negligent omissions, while acting within the scope of
their employment. Each Party will at all times be entitled to the benefits of sovereign immunity as
provided in F.S.S. 768.28 and common law. Nothing contained herein shall be construed as a waiver of
sovereign immunity.
Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles,
resources and facilities to render services to each other Party to this Agreement in order to affect the
purposes of the Task Force and agrees to bear the cost of loss or damage to such equipment, vehicles, or
property. Parties understand and agree that they will be responsible for their own liability and bear their
own costs with regard to their property and resources. This provision shall not preclude necessary
property, resources or costs being purchased or funded via legally vested Task Force funds, if agreed to by
the Parties.
Each participating agency shall compensate its employees during the time they participate in Task Force
operations and shall defray the actual expenses of its employees while so engaged, including any amounts
paid or due for compensation due to personal injury or death while such employees are engaged in Task
Force operations. The privileges and immunities from liability, exemption from laws, ordinances, and
rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime
compensation or compensatory time), death and other benefits that apply to the activity of an employee of
an Agency when performing the employee's duties shall apply to the employee to the same degree,
manner, and extent while such employee acts under this Agreement. This provision shall not preclude
payment of compensation (including overtime compensation), if allowed, through the use of legally vested
Task Force funds, as agreed to by the Parties.
SECTION VI.
FORFEITURE ACTIONS
No funds or other property seized by Task Force operations are to be utilized by any Task Force agency
prior to successful forfeiture or, if no forfeiture is pursued, until title or interest in the property otherwise
vests in one or more Task Force agencies by operation of law. Forfeiture actions based upon seizures
Page 4 of 7
' made by the Task Force may be pursued in either state or federal actions. Actions shall be based upon
current statutoty and case law. The Parties agree that the local SherifPs offices', which are signatories to
this Agreement, by and through their attorneys, will be primarily responsible under this Agreement for
pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court when a seizure occurs
in that particular Sheriffs jurisdiction. The Parties agree that FDLE, through its attorneys, will be
primarily responsible under this Agreement for pursuing all Task Force forfeiture actions when a seizure
occurs outside of the jurisdiction of any of the signatory parties to this Agreement, but within the Sta.te of
Florida, on behalf of all parties in state court. However, this provision shall not preclude the use of other
forfeiture attorneys or personnel as needed on particular matters. Distribution of the proceeds from
successful forfeiture actions shall be equitable among the Parties to this Agreement and shall take into
account their relative roles in support of the efforts of the Task Force unless an alternate distribution
allocation among the Parties has been agreed to. Any Party to this Agreement may request copies of
forfeiture complaints and pleadings filed by reason of Task Force seizures and such copies shall be
promptly provided to the requester. All decisions regarding forfeiture proceedings shall remain with the
agency (county or state), depending on which agency would be filing for forfeiture if an action is
instituted. However, if any legal dispute or concern as to the form or sufficiency of forfeiture actions or
other action proposing to vest the interest of Task Force agency(ies) in seized cash or property is raised by
any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and
contact shall be made. In the event any Party to this Agreement believes there is no legal sufficiency upon
which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved,
no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law
enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements
are available to the Task Force, provided the property under consideration otherwise qualifies under law
for such consideration.
SECTION VII.
RECORDS AND REPORTS
The Parties to this Agreement agree to forward a copy of all Task Force reports via USPS mail, electronic
mail, or facsimile for maintenance to the Broward Sheriffs Office Task Force Commander. All Task Force
reports shall include the designation "LC" (an acronym for LEACH-Law Enforcement Against Child
Harm) case numbers which will identify the report(s) as a Task Force case investigation. All case reports
will also be maintained by the lead-investigating agency for each individual case.
SECTION VIII.
OJJDP INTERNET CRIMES AGAINST CHILDREN
TASK FORCE PROGRAM GUIDELINES
The Parties to this Agreement acknowledge that they have received and reviewed the attached Office of
Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crimes Against Children (ICAC) Task
Force Program Guidelines. The guidelines were promulgated for use in connection with funds dispensed
by the Broward Sheriff's Office (BSO) under the 1998 Federal OJJDP Internet Crimes Against Children
Grant awarded to BSO. T'he guidelines specify how Task Force investigations may be conducted, and
include provisions on Case Management, Workspace and Equipment, Case Predication and Prioritization,
Record Keeping, Undercover Investigations, Evidence Procedures, Information Sharing, Supervision,
Selection of ICAC Personnel, Prevention and Education Activities, Media Releases, and the ICAC Task
Force Review Board. The guidelines are specifically incorporated herein by reference and are attached
hereto, and by entering this Agreement, the Parties agree to abide by all covenants, restrictions, limitations,
and guidelines contained therein and conduct all investigation in accordance thereto. Failure to abide by
said guidelines will result in the removal of said Task Force member by the Task Force LEACH
committee members and/or the participating agency from the LEACH Task Force. In the event that a Task
Force member's employing agency's own rules, protocols, procedures or guidelines are discovered to be in
conflict with, and are more restrictive in application than the OJJDP ICAC Task Force Program
Guidelines, that Task Force member shall immediately notify the Task Force supervisor and that Task
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' Force agency shall not be required to aid or assist in the investigation. In no event will a Task Force
member be expected or required to violate or exceed or otherwise fail to maintain restrictions or limitations
imposed by law, or the member's employing Agency's rules, sta.ndards, or policies while the member
engages in Task Force operations.
In accordance with the OJJDP ICAC grant disbursed to the LEACH Task Force through the Broward
Sheriff's Office, the OJJDP may order a review and audit of Task Force operations with regard to the
seizure and handling of all evidence, property, or cash or any other aspect of Task Force operations. The
Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities
necessary to perform the audit function.
SECTION IX.
INTERPLAY WITH STATE AND FEDERAL AUTHORITIES
The Parties to this Agreement recognize that the United States Department of Justice and the United States
Customs Service have requested that the efforts of the Task Force be closely coordinated with federal
authorities having interests in child pornography investigations and child exploitation investigations
involving the use of computers and the Internet.
The Parties to this Agreement further recognize that investigations of this nature may involve violations of
law in other state jurisdictions. In the event that a Task Force member determines that an investigation is
outside of its jurisdiction or outside the Task Force's AOR, the agency shall immediately notify the BSO
Task Force Commander. The law enforcement authority or regional ICAC task force that has jurisdiction
shall then be notified in accordance with OJJDP ICAC policy guidelines and apprised of the facts of the
investigation.
SECTION X.
COMPLAINTS AGAINST TASK FORCE MEMBERS
Whenever a complaint has been lodged as a result of Task Force efforts, the Task Force supervisor shall
ascertain at a minimum:
The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the
nature of the complaint any supporting evidence or facts as may be available, including the names and
addresses of witnesses to that which has been complained about, the identity(ies) of the Task Force
participant(s) accused and the employing Agency(ies) of the participant(s) accused.
The Task Force supervisor will promptly provide to each affected employing Agency the above
information for administrative review and appropriate handling or disposition. Each affected employing
Agency shall, upon completion of said review, notify all Task Force Advisory Board members of its
findings and any actions taken.
SECTION XI.
OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE
The principal goal of this Task Force is the successful prosecution of criminal violators. Successful
prosecution requires close coordination with prosecuting authorities, both in the state and federal courts.
Members of the Task Force are obligated to coordinate their efforts in such a way as to support the
efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors
for information or assistance in handling Task Force generated cases, and reasonable availability for
pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or
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' administrative actions derived from Task Force operations are likewise to receive coordinated support
efforts from Task Force members. The Task Force supervisors shall monitor the efforts of Task Force
members in support of criminal prosecutions, civil actions, administrative actions and forfeiture cases.
Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on
behalf of the Task Force to assure the expected level of support fronn Task Force members is occurring.
Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner
set forth herein shall constitute gounds for removal from the Task Force.
SECTION XII.
COPY TO EACH PARTICIPATING TASK FORCE MEMBER
When this Agreement is fully executed, a copy shalt be provided to each Task Force member so that each
member may be fully aware of the powers, limitations, and expectativns applicable to Task Force members
and operations.
SECTION XIII.
TERM AND TERMINATION
This Agreement shall be effective as to the executing Parties upon execution 6y the Broward SherifPs
Office and at least one other participating Agency. As each additional Party executes this Agreement, it
shall be effective as to the newly executing Party. This Agreement may be duplicated for clissemination to
all Parties, and such duplicates shall be of the same force and effect as the original.
This Agreement shall be ongoing and remain in full force and effect as to all participating Parties unless
terminated as provided herein.
This Agreement may be terminated upon the consent of all participating parties.
Any Party may withdraw its individual participation upon notification to all participating Parties.
IN WITNESS WHEREOF, the Parties hereto sign on the date specified.
Broward County Sh riff's O ce
a
Date: �,'��' � �
Al Lamberti, as Sheriff of Broward County
Approved as to form and legal sufficiency
subject to execution by the parties.
,
Date: � �
� dith W. Levine, eneral Counsel
roward Sheriff s Office
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