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Home My WebLink AboutDocumentation_Regular_Tab 04_12/13/2012 �� VILLAGE OF TEQUESTA - AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text. December 13, 2012 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) 1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council: 3. BUDGET / FINANCIAL IMPACT: Account #: Click here to enter text. Amount of this item: Click here to enter text. Current Budgeted Amount Available: Amount Remaining after item: Click here to enter text. Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) 1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council: a. Mike Cesarno & the Village of Tequesta Hold Harmless, Indemnity and Liability Agreement for use of the Village's Mule during the JTAA 2012 Holiday Parade. b. The Department Of Justice, The Department Of The Treasury and the Village of Tequesta Equitable Sharing Agreement and Certification. c. Zoll Medical Corporation Defibrillator Extended Warranty Contract. 5. APPROVALS: �/ Dept. Head: Finance Director: VReviewed for Financial Sufficiency � No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: -�� • SUBMIT FOR COUNCIL DISCUSSION: • APPROVEITEM: ❑ • DENY ITEM: � Form amended 08/26/08 TE y r . v . � A "�' ' MEMORANDUM 3 Q ; � ' � Village of Tequesta �n y 4 " �° Administration TO: Village Council FROM: Michael Couzzo, Village Manager DATE: December 13, 2012 SUBJECT: Presentation of Agreement, Contracts, etc. Per Village Ordinance I respectfully present the following agreements, proposal, commitments and memorandum of understanding to Council. a. Mike Cesarno & the Village of Tequesta Hold Harmless, Indemnity and Liability Agreement for use of the Village's Mule during the JTAA 2012 Holiday Parade. b. The Department Of Justice, The Department Of The Treasury and the Village of Tequesta Equitable Sharing Agreement and Certification. c. Zoll Medical Corporation Defibrillator Extended Warranty Contract. . HOLD HARMLESS, INDEMNITY AND LIABIITY AGREEMENT THIS AGREEMENT made this 8�' day of November, 2012 between the Village of Tequesta, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, herein referred to as the VILLAGE, and MIKE CESARANO, in his individual capacity, herein referred to as CESARANO. Whereas, CESERANO desires to utilize and operate the VILLAGE'S "Mule Utility Vehicle" in and during the Jupiter Tequesta Athletic Association Holiday parade on December 9, 2012 in order to monitor the parade event; and Whereas, the VILLAGE will agree to allow the utilization and operation of said "Mule Utility Vehicle" under the terms contained herein. Now Therefore, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, CESARANO agrees to indemnify, defend and hold harmless the VILLAGE for any injury, or loss or damage to real or personal property of any kind whatsoever that may result from CESARANO'S utilization of the VILLAGE'S "Mule Utility Vehicle" in and during the Jupiter Tequesta Athletic Association Holiday parade on December 9, 2012. It is understood and agreed that said utilization and operation by CESERANO of the VILLAGE'S "Mule Utility Vehicle" shall be for the sole purpose of monitoring the parade event and shall only occur during said event on December 9, 2012. CESERANO further agrees that he shall be fully liable and responsible to the VILLAGE for any damage sustained to the VILLAGE'S "Mule Utility Vehicle" as a result of CESERANO'S intentional or negligent misuse of same. This Agreement may be executed in multiple original copies, each of which shall be considered an original document. IN WTTNESS WHEREOF, the parties have executed this agreement the day and year first above written. MIKE CESERANO �� , , _. .. � �.� � �-z ____-__..._. Mike Ceserano, Individually ATTEST: VILLAGE OF TEQUESTA n•( �� - �,,,,�,��,,,,,,�, o �` ' !�'�'`� ,�.. V��9.�`, Lori McWilliams, CNL�j.�' � Uj O�j.,�'tc�` Michael Couzzo Village Clerk ='`�:� o fT� '�:G. Village Manager : a � ya a�y= : �o : --,%•��. � ?�..�� ,. � s � '��'''��„„��d�i��''�````. � OMB Number 1123-0011 �� • • Expires 9-30-2014 Equitable Sharing . � ,�., � � � �� Agreement and �*y- - � j 4; " �� i� .1,, �' Certification �i Police Department � Sheriffs Office � Task Force (Complete Table A) � Prosecutor's Office � National Guard Counterdrug Unit � Other * Please fill each required field. Hover mouse over any fillable freld for pop-up insfructions. * Agency Name: Tequesta Police Department NCIC/ORI/Tracking Number: F L 0 5 0 3 1 0 0 Mailing Address: 357 Tequesta Dr. City: Tequesta State: FL Zip: 33469 Finance Contact: First: Jody Last: Forsythe Phone:561-768-0424 E-mail: jforsythe@tequesta.org Preparer: First: Cheryl Last: Foley ❑ Same as Finance Contact Phone: 561-768-0508 E-mail: cfoley@tequesta.org Independent Public Accountant: E beila.sherman@marcumllp.com Last FY End Date: 09/30/2012 Agency Current FY Budget: $2,757,736.70 O New Participant: Read the Equitable Sharing Agreement and sign the Affidavit. O 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 Equitable Sharing Activity Justice Funds' Treasury Funds � Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) $23,428.93 2 Federal Sharing Funds Received $35,834.90 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 0 Interest Bearing � 6 Total Equitable Sharing Funds (total of lines 1- 5) $59,263.83 $0.00 7 Federal Sharing Funds Spent (total of lines a- m below) $51,000.00 $0.00 8 Ending Balance (difference between line 7 and line 6) $$ ,263.83 $0.00 � Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, D�IS, DSS, and FDA. z Treasury Agencies are: IRS, ICE, CBP, TTB, USSS, and USCG. Page 1 of S October 2012 Version 2.1 Summary of Shared Funds Spent Justice Funds Treasury Funds a Total spent on salaries under permitted salary exceptions $50,000.00 b Total spent on overtime c Total spent on informants, "buy money", and rewards d Total spent on travel and training e Total spent on communications and computers $1,000.00 f Total spent on weapons and protective gear g Total spent on electronic surveillance equipment h Total spent on buildings and improvements Total transfers to other participating state and local law � enforcement agencies (To populate, complete Table C) Total spent on other law enforcement expenses (To populate, � complete Table D) k Total Expenditures in Support of Community-Based Programs (To populate, complete Table E) I Total Windfall Transfers (To populate, complete Table F) Total spent on matching grants (To papulate, complete m Table G) n Total $51,000.00 $0.00 o Did your agency receive non-cash assets? � Yes �i No If yes, 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/Tracking Number: Table C: Equitable Sharing Funds Transferred to Other Agencies Receiving Agency Name, City, and State Justice Funds Treasury Funds Agency Name: NCIC/ORIlTracking Number: Page 2 of 5 October 2012 Version 2.1 Table D: Other Law Enforcement Expenses Description of Expense Justice Funds Treasury Funds Table E: Expenditures in Support of Community-Based Programs Recipient 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 � Table I: Civil Rights Cases Name of Case Type of Discrimination Alleged � Race � Color � National � Gender Origin � Disability � Age � Other Pa�erwork 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 Version 2.1 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 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 Equirable Sharing for Srate and Local Law Enforcement (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law EnforcementAgencies (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 of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years. 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 orTreasury 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 Version 2.1 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 Jusrice and/or TreasuryGuides 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 etseq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 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 may be 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? � Yes O NO If you answered yes to the above question, complete Table I Agency He Governing Body Head Signature: � � � � Signature: Name: Pete Pitocchelli Name: Michael Couzzo Title: Chief of Police Title: Village Manager Date: �v ,�' /� Date: E-mail: gpitocchelli@tequesta.org E-mail: mcouzzo@tequesta.org Subscribe to Equitable Sharing Wire gpitoccheli@tequesta.org The Equitable Sharing Wire is an 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: E-mail the XML file to aca.submit@usdoj.gov Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344 FOR AGENCY USE ONLY Entered by Entered on p FY End: 09/30/2012 Date Printed: October 26, 2012 15:48 � NCIC: FL0503100 Agency: Tequesta Police Department Phone:561-768-0424 0 State: FL Finance Contact: Jody Forsythe E-mail: jforsythe@tequesta.org Page 5 of 5 October 2012 Version 2.1 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 VI 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. § 1681 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 may be 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? � Yes O NO If you answered yes to the above question, complete Table I �.� Agency He � �, „ Governing Body Head ; : � , ,. ; °' � : , � __._----- �-.� _ _____._ � Signature:'� ' / `�.�_�� `' -�` Signatu� � ' � ��. , Name: Pete Pitocchelli Name: Michael Couzzo Title: Chief of Po lice Title: Village Manager Date: ��o�� Date: � � j� `I' r �'� . P !J - T E-mail: gpitocchelli@tequesta.org E-mail: mcouzzo@tequesta.org Subscribe to Equitable Sharing Wire gpitoccheli@tequesta.org The Equitable Sharing Wire is an 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: E-mail the XML file to aca.submit@usdoj.gov Step 2: Click to save in XML format Step 4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344 FOR AGENCY USE ONLY Entered by Entered on p FY End: 09/30/2012 Date Printed: October 26, 2012 15:48 � NCIC: FL0503100 Agency: Tequesta Police Department Phone: 561-768-0424 0 State: FL Finance Contact: Jody Forsythe E-mail: jforsythe@tequesta.org Page 5 of 5 October 2012 Versian 2.1 �0�� ZOLL Medical Corporation 269 Mill Road Chelmsford, Massachusetts 01824-4105 EXTENDED WARRANTY CONTRACT www.zo��.com (978) 421-9655 (800) 348-9011 P.�. # (978) 421-0022 Fax CUST#: 101191 DATE: 10/4/2012 NAME: Tequesta Fire & Rescue A1TN: Dnn Tilles, Captnin Bitl To: P.O. Box 3273 TEL#: 561-575-6250 Tequesta, FL 33469 FAX #: 561-575-6239 Ship To: 357 TeQuesta Drive EMAIL: dtilles@tequestn.org Tequesta, FL 33469 PART DISCOUNTED EXTENDED NUMBER DESCRIPTION � LIST PRICE PRICE PRICE 8889-0001 ONE (1) Year Extended Warranty 3 $1,145.00 $1,Q87.75 $3,263.25 ZOLL Defibrillator. 8889-1991 Preventive Maintenance (PM)** 3 $230.00 $230.00 $690.00 2 PM per unit per yenr. Serini Numbers: T01624548. T01624549 � T03C44021 CONTRAGT DATES: October 1, 2012 through September 30, 2013 TOTAL $ 3,953.25 ONE (i) YEAR EXTENDED WARRANTY INCLUDES: * 5% Multi Unit Discount. * 20% Discount on New Cables and Paddles. * 25% Oiscount on LitMium SurePower Batteries. * 50% Discount on Seuled Lead Acid 8atteries. * The use and shipping of a Service Loaner ut no cost during repairs. * No charge for shipping of unit being repnired. PREVENTIVE MAINTENANCE: ** Preventive maintenance pricing is based on the purchase of the extended wnrranty contrnct. * It is the customer's responsibility to ensure covered equipment is nvnilable for service nt scheduled times within the term of the contract. NOTES: * Extended Warranty is a continuation of the EMS One Yenr Product Limited Warrnnty * List prices quoted are firm for 60 days. * Terms are Nefi 30 Days. * Customer is responsible for all applicable fiaxes. CANCELLATION POLICY: The request to cancel nn Extended Warranfiy must be sent in writing to fihe Service Contracts Depnrtment. The Extended Warranty Controct will be terminated 60 Days after receipt of request to cancel. ZOLL will credit balance of contract to customer's account. �„"'�-,��, � �...---......._.� �' ! ' r � � `' ,�.--- • �� Authorized signature / Dnte Ke Massone /�/Ch�ir� o i Z!; ( Please Print Name ) Service Contracts Administrator , Village of Tequesta Date: 11/1/2012 Purchase Order Requisition Date Purchase Order is Req'd: 10/1/2012 (Not a Purchase Order) Department: FIRE Req. #: Quotes Received: (See Attached) Recommended Vendor: Vendor #: Vendors Bids ZOLL MEDICAL CORP ZOLL MEDICAL CORP. 269 MILL RD CHELMSFORD, MA 01824 Comments: Extended Warran is a continuation of the EMS One Year Product Limited Warran for ZOLL Defibrillators Serial #: T01G24548, T01G24549, and T03C44021. Contract Dates 10/1/2012 - 9/30/2013 Available Balance Item Descri tion Qt . Unit Price Total Cost Account # Finance Use Only) One Year Extended Warran Zoll Defibrillator 3$ 1,087.75 $ 3,263.25 001-192-546.310 0� Preventive Maintenance 3$ 230.00 $ 690.00 001-192-546,310 �� , TOTAL $ 3,953.25 Fina�ce/Administrative Use Only: Department Head Si nature: �� Date: �� Z Finance Si nature: Date: ( � �� Villa e Mana er A roval: Date: �� Villa e Council A proval: Resolution #: Date: PO#: Processed By: Date: