HomeMy WebLinkAboutItem N4 N4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
May 21, 2025
Agenda Item Number: N4
2023-4016
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: John Quinn
N/A
AGENDA ITEM WORDING: Monroe County Sheriffs Office request for expenditure of Federal
Equitable Sharing Funds for FY2025 in the amount of$8,142.36 to purchase gym equipment(i.e. a
treadmill) for one of the HIDTA facilities.
ITEM BACKGROUND:
Approval of a request by the Monroe County Sheriff's Office for TRAP funding. The funds will be used
for the purchase of a treadmill for SF HIDTA.
PREVIOUS RELEVANT BOCC ACTION:
At the September 16, 2020, the BOCC approved a budget amendment to accommodate the new
directive issued by the Department of Justice and the Department of Treasury to transition the Sheriffs
equitable sharing accounts to the county finance offices.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FY25-1015 Purchase Gym Equip ent-SF .pdf
Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies March 2024 pp17
18 permissible uses fitness equipment.pdf
FINANCIAL IMPACT:
Source of Funds: Fund 162 - Law Enforcement Trust Fund
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MONROE COUNTY SHERIFF'S OFFICE
SHARING OF FEDERALLY FORFEITED PROPERTY-
South Florida Law Enforcement Asset Forfeiture Fund
FY25-1015
Name of Organization: Address: NCIC Number:
Monroe County Sheriffs Office 3200 Meridian Parkway FL0440000
Weston,FL 33331
Contact Name: DUNS Number:
Deputy Director Lissette Meneses 143414089
Phone Number:
(954)4304904
F11wil:
LMA4eneses(4),Lflhidta.or
Type Of Entity(X one):
State.
I. County X Local Government Department/Agency
Private,nonprofit organization,pursuant to 26 U.S.C. 50 1(c)(3)or(4)
Other(Please describe ..............
Activity/Mission of Entity(i.e.,drug abuse treatment,drug and crime prevention, providing housing,providing job skills,etc).
Please be as descriptive as possible:
The Monroe County Sheriffs Office is the main financial fiduciary for the South Florida HIDTA,a collection of tasks forces in the 6 county
South Florida region.The MCSO is the lease holder on the three(3)HIDTA facilities in Broward and Miami-Dade Counties.
Detail of Request for Shared Funds(must include breakdown of initiatives to be accomplished with shared monies,costs,and
timeframes for completion):
This funding is requested on behalf of the SFL/HIDTA in the furtherance of its mission. and will support the gyms located at the ACES,
Weston and MTF buildings,all MCSO facilities. The Vin is made available on 12 hours a day. .5 days a week basis to all task force
personnel assigned to these sites. This equipment will be used to further the mission of the HIDTA Task Force in providing a fitness center
16r HIDTA employees and local,county,state and federal law enforcement partners.This item is being procured to replace an obsolete,non-
functional treadmill at the WESTON location.
The request includes procurement of the following: One(1)"True Model 400"treadmill,including base,screen,warranty,shipping
delivery,and"tariff fee"(which is refundable if not applicable),in the amount of$8,142.36
The quote is from a Broward School Board contract pricing agreement(FY22-128),which complies with MCSO purchasing
guidelines under Chapter 80:L:5:2:a The following conditions are exempt from competitive bid procedures:*products or services available
through existing purchase agreements or contracts executed kv other government which contain authority for local use(refer tol h bullets above)
Detail activity's connection to furthering law enforcement efforts.For example,direct connection(paying for information),
preventative connection(drug awareness program),or developmental connection(funding law enforcement awareness in a youth
program).
The South Florida HIDTA facilities are leased by MCSO and are staffed by law enforcement and ck ilian personnel lonn participating
agencies.. Complies with MCSO General Order 9:33:X 9:34 The purpose of herein is to establish guidelines for proper physical
appearance and fitness. It is essential that Sheriffs personnel present a neat and well-groomed image that inspires and
maintains a high level of community trust and confidence. In addition, a satisfactory level of general health and physical
fitness on the part of Office members shall be maintained so that work can be performed efficiently and without personnel
shotfaae caused by excessive sick leave
Will the grant monies requested be used as matching funds for another grant?
No
Detail funding sources explored for this initiative(this explanation should include the requestor's existing budget and all other
options).
S FLI I I D'I A funds cannot be uscd to purchase fitness equipment per ONDCP policy. No other funds are available.
3884
Certification by Applicant:
I hereby certify:
I. All information included in this application is true.
2. A separ.al c accounting of`all shared funds i eccived will be maintained subject to dCCOL1111 ing requirements and practices eniploN ed
under state and local law for recipients of tedcral.statc,or local funds.
I Compliance with Federal Civil Rights laws.
4. C.ompfiance with all federal laws that apply to the applicant.
5. No officer,director,trustee,fiduciary of the applicant has been:
a) convicted of felony offense under federal or state law:or
b) convicted of any drug offense.
6. No shared benefits will be uscd for political or personal purposes.
7. No shared benefit will be used for any purpose that would constitute an improper or illegal use under the laws,rules,regulations,or
orders of the state or local jurisdiction in which the applicant is located or operates.
8,
1 agree to comply with the following Additional South Florida/MCSO Law Enforcement Asset Sharing Fund requirements
a) To comply with the new gi.lidelines but continuing in the spirit of`supporting the SFASF, MCSO will procure the requested
item(s)and assign that equipment to the requesting agency.No high liability items.SLICII as vehicles or firearms.will be procured.
b) While the item(s) will remain in the possession of the requesting agency.MCSO will maintain ownership and inventory control
over that item until the item is no longer serviceable.Once the items are deemed no longer senIceable,prior to disposal,approval
must be obtained and disposal shall be approved by MCSO. The South Florida HIDTA will be assisting the MCSO by
TRP"obseignual inventory of the procured items. These items shall be made available for inspection as part of the annual
Applicant:_ Print Name Lissette Meneses Date4/29/25
Date April 29, 2025
Hugo J.Bayrrera
Executive Director South Florida HIDTA
Approved[ Denied
JOHN DIONDigtieta2lly s50n4e.d2 b1y J:O36H:3N4 UN
Da : 02 9 6
-04'00'
Date South Florida HIDTA
Executive Committee Chair
Approved Denied
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Portion Below To Be Completed By MCSO Personnel
General(,ounsef: Dow:
Appi�m at Denial
Con,)inents Regarding Decision:
Finance Director: Date:
"o-
Approval[ �_/] Denial
Conimciits Regarding Decision:
Committee Approvals and Statement:
Signature: Printed Name: Date:
Signature: —Primed Name: Date:
Signaturc: —Printed Name: Date:
Signature: —Printed Name: Date:
Printed Name: Date:
Comments:
Statcrnent By Chief Law Eiil'orcernent Officer:
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Signature: zl�L4 Datc: o9el3okf_
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TRUE GRAVITY TREADMILL
Fitnessmith MONROE COUNTY SHERIFFS,OFFICE- Quote : 026976
WESTON
Jason Mattson 5525 COLLEGE ROAD Version: 1
(561)529-5590 KEY WEST, FL 33040 Delivery Bete: 94/29/2025
Fax(561)997-8788 JOEL l DELL Expiration Date: 05/29/2025
matt on@fitne ssi:rnith. am (305)481-45013
JCWdell@sfllhidta,.org
iwwmm uuoiomouuuuuuuuu �niwwwWwwww.w.u.muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuummwwmmmmwwuwmwwwwoirwuoiooi0000m00000mmuuomoioiomuuwmnrouuuoi�imwwmwuwmmuuumuwuumimuuum oimmmmuuuuuuuomu
Description List Price Customer Price Qty Ext Price
TRUE GRAVITY TREADMILL BASE(NEW)"400"-MUST ADD $6,500.00 $3,899.00 11 $3,899.00
A CONSOLE*
TRUE UNITE 16"'ANDROID TOUCHSCREEN CONSOLE $3,799.00 $2,460.00 1 $2,460.010
(NEW)APPS, PLUTO TV, CABLE RAY,W-Fi,TAP TO
PAIR, IHO MI INPUT(NO TUNER)
SAFEWARE: LIGHT COMMERCIAL WARRANTY-COVERS $889.60 $556.00 1 $556.00
PARTS &LABOR FOR 6'O MONTHS ($6000-6999.99)
't'ota� I'; $6,III0I$.001
Services
Description List Price Customer Price Qty Ext. Pdce
SHIPPING CHARGES-EQUIPMENT $397.36 $397.36 1 $397.36
INSTALLATION: INSIDE DELIVERY,ASSEMBLY,TESTING, $300.00 $300.00 1 $300.00
TRASH REMOVAL: (FEE IS FOR FIRST FLOOR DOUBLE
DOOR ACCESS ONLY) SITE SURVEY REQUIRED FOR
GUARANTEED PRICE. FITNESS'MITH WILL NOT WALL
INMOUNTANY EQUIPMENT, RACKS, OR RIGS.
COLOR: $0,00 $0.00 1 $0.0
DUE TO CURRENT US TARIFFS,AN ADDITIONAL TARIFF $6 40.00 $540.00 1 $540 00
WILL BE APPLIED TO ALL ORDERS. IF NO US TARIFFS ARE
IN PLACE BEFORE THE GOODS SHIP,THIS TARIFF WALL
BE ADJUSTED, ENSURING THAT THE CUSTOMER IS ONLY
CHARGED FOR US TARIFFS IN EFFECT AT THE TIME OF
SHIrPMENT.
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EQUIPMENT PURCHASg ANQ SALE AGREEMENT
This ECIUIPMENT PURCHASE AND SALE AGREEMENT ("Agreement') is entered iinto by and between CENTURION PARTNERS
WEALTH AND FITNESS, LLC d/b/a FITNESSMITH, a Florida limited liability company("FftnesarrriiJi and ('°Ctrs r")for the purchase of
all products, parts and/or services to be provided by Fitnessmith to Customer.Any different or additional terms in Customer's purchase order or
any other document„ whether pre-printed or otherwise, are specifically excluded. In consideration of the mutual covenants and conditions set
forth below,Fitnessmith,and Customer agree as follows:
P Custo'mer hereby agrees to(purchase fitness equipment and/or parts(collectively"Products")from Fitnessmith,
and Fitnessmith hereby agrees to sell Products to Customer,pursuant to the purchase order(s)submiltled by Customer in accordance with
Fitnessmith's standard order procedures. No purchase order shall be biurnding upon Fitnessmith until accepted by Fitnessmith in writing.Any and
all products provided by Fitnessmith to Customer shall Ibe subject to this Agreement. Fitnessmith reserves the right„as it may doom necessary
or appropriate,to modify or change its specifications prior to delivery of any Product ordered by!Customer„provided that such change or
modification does not materially or adversely affect the performance of than Product.The parties acknowledge and agree that any services to be
provided by,Fitnessmith,other than installation,maintenance, and training services,shall be governed by this Agreement.
PR AN PA M NT.
2.1 PURCHASE PRiCE. Fitnessmith,shall invoice Customer for the purchase price of each,of the products and/or parts shipped and/or
services rendered)pursuant to this Agreement.The invoice shall be in USD and shall include charges(as applicable)for freight, handling,taxes
and other amounts payable to Fitnessmith, as.set forth in this Section 2.
2.2 PAYMENT TERMS. For Products ordered hereunder,Customer shall pay one hundred)percent(100,00%)of amounts invoiced within
thirty(30)days of the invoice date.All payments must be made in U.S.dollars. Outstanding balances shall accrue interest at a rate'equal to the
lesser of ogre-and one-half percent('1.6%)per month and the maximum rate permitted by applicable taw,from,due date unto paid„plus
Fitnessn ith`s reasonable costs of collection.
2.3 TAXES AND CHARGES.All amounts dine hereunder afire exclusive of,and Customer shall pay,all sales,use and other taxes,export
and import fees, customs duties,regulatory charges, and similar charges applicable to the transactions contemplated)by this Agreement,
(collectively"'Taxes and Charges"), Fitnessmith reserves the right to add applicable Taxes and Charges directly to Customer's invoice or to
invoice such,Taxes and Charges separately.Customer agrees to indemnify and hold Fitnessmith harmless from and against afP claims, liabilities,
costs,expenses and penalties arising out of or related/to Customer's failure to timely report or pay any Taxes and Charges.
2.4 SECURITY INTEREST.To secure the payment and performance of all obligations due and owed by Customer to Fitnessmith
hereunder,Customer hereby grants Fitnessmdh a Uniform Commercial Code purchase money security interest in products purchased from
Fitnessmith hereunder and proceeds therefrom.This Agreement constitutes a security agreement between Customer,as debtor,and
Fitnessmith, as secured party,under the Uniform Commercial Code, and Fitnessmith has the fights and remedies of a secured party hereunder.
Customer hereby appoints Fitnessmith as its attorney in fact to execute such financing statements as may be required,from time to time,to
perfect the security interest granted herein.Fitnessmith may,upon default from Customer,require Customer to assemble the products and.
make them legally available to Fitnessmith for repossession,including reasonable access to the facilities of Customer,and Fitnessmith shall be
entitled to all reasonable expenses of repossession,including reasonable attorney's fees incurred in connection therewith.
2.8 PRICE ADJUSTMENT FOR TARIFF AND FREIGHT.If any tax,public charge,tariff,dluty,or increase therein, is now or hereafter
assessed,levied„or imposed by any federal,state,municipal,or other governmental authority,(i),on the Products to be sold; (ii)or upon any
sale,delivery,or other action taken hereunder; (iii)or upon the export or import of such Products;(iv)or if any,change shall hereafter be made
in the present custom house or railway classification of such'Products or in existing freight rates applicable thereto such change shall be home
by Customer,and the Customer shall pay Fitnessmith any increase in such taxes or any other such tariffs,or any such duties,assessed,levied,
or imposed air the date of this Agreement with respect to the Products Customer purchases hereunder.
3.I&LIVIRMY ACCEPTANCE AN2 LANCE LATI NS.
3.1 DELIVERY.Fitnessmith shall use its best efforts in the ordinary course of business to affect deliveries to Customer as specified. In no
event shall Fitnessmith be liable for any damages,consequential, incidental,liquidated or otherwise, arising from Fitnessmith's failure to meet
any dellivery,date. Delays at Customer's request or due to Customer's failure may result iin storage fees.
3.2 PARTIAL SHIPMENT.As products and/or parts ordered by Customer become available, Fitnessmith may make partial shipments and
each shipment shall be invoiced separately.However,in no event shall partial shipments relieve Customer from its obligation to accept
shipment of the remainder of the order.
3.3 ACCEPTANCE.Customer shall be solely responsible for inspecting,each delivery of Products to confirm that all Products ordered are
iincluded within such delivery.In the event a Product is missing from a delivery,Customer shall immediately inform Fitnessmith of the missing
Product(s),Products which are to be installed by Fitnessm,ith shall be deemed accepted following installation in accordance with Section 4.1
below,Atli other Products and Custom Products shall be deemed accepted by Customer upon delivery.Acceptance of any Product shall not limit
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Fitnessmith's warranty obligations under Section 5 below,
3.4 RETURNS.Excerpt as provided in Section 5.1 with regards to warranty claims, all/Product sales are final,and no returns will be
accepted without Fitnessm,ith's written approval. Fitnessmith may,in its sole discretion and subject to a minimum twenty five percent(25%)
restocking fee of the original purchase price,accept returns of non-defective,non-custom Products within fifteen(1 )days of delivery.However,
any Custom Products and/or Customer modified Products ordered from Fitnessmith are not subject to cancellation and/or are unable to be
returned,
3.5 CANCELLATION.Customer may cancel a purchase order for non-custom Products,provided such partial or total cancellation request
is more than thirty(30)days from the scheduled delivery date.In the event of total or partial cancellation of any such order,Customer shall
reimburse Fitnessmith for all reasonable costs arising out of the order and its cancellation,including,but not limited to,any costs of labor,
material,and overhead charges.Any purchase order for non-custom products which are refused by Customer or canceled less than thirty(30)
days prior to the scheduled delivery date shall be subject to a cancellation and restocking fee of twenty-time percent(25.00 )of the original
purchase price. However,any Custom Products and/or Customer modified Products ordered from Fitnessmith are not subject to cancellation
andslor are unable to be returned,
4 INSTALLATIQN,MAINMNANCE AND M&LNM SCBVICKS.
4.1 INSTALLATION.At the time the order is placed,the Customer will provide Fitnessmith with an installation date. IFitnessmith will make
reasonable commercial efforts to install the product on or before the installation dates. Product held more than 10 days after the installation:date
at the Customer's request will be subject to a storage fee. Product held more than 30 days past the installation date at the Customer's request
may be subject to a 15%restocking fee as well as a storage fee. Partial installations require the installed product to be paid per the terms of the
invoice. Subject to payment of the applicable installation fees, Fitnessmith shall install the Products purchased,by Customer hereunder;
provided that Customer shall(a)provide Fitnessmith,its employees and authorized representatives reasonable access to Customer's premises
as necessary for Fitnessmith to perform the installation services hereunder; (b)ensure a safe and suitable installation and working environment;.
(c)take all other steps necessary to prepare the site for installation. Customer warrants that there are adequate and sufficient services and
infrastructure,.including phone lines and exchange facilities„available to Fitnessmith for the installation of the Product(s),and that such services
and infrastructure are in accordance with Fitnessmith's requirements, Fitnessmith accepts no responsibility whatsoever'for delays occasioned
by the lack of availability of such services or infrastructure. In the event a site is unprepared in any way at the time of scheduled/installation
such that a return visit its required by Fitnessmith for completion of the installation,Customer may Ibe billed an additional)fee at Fitnessmith's
sale discretion. Following installation, Customer has a five(5)business day acceptance period within which it its required to provide Fitnessmith
with its written acceptance of the installation. In the event installation is to occur at multiple Customer sites„the foregoing installation and
acceptance procedure shall apply independently to each site,such that acceptance at a site shall not be impacted in any way or conditioned
upon acceptance at any other sitae(s).
4.2 iNAINTENANCE.Fitnessmith shall have no obligation to provide any maintenance and support services hereunder.Customer may
purchase maintenance and!support services at the annual fee applicable to the level of service to be provided, subject to the terms and
conditions set forth in Fitnessmith's preventative maintenance and services agreement('Preventative Maintenance Services Agreement"), a
copy of which is available upon request.
4.3 TRAiNING.Subject to Fitnessmith's express consent and Customer's payment of the applicable training fees, Fitnessmith shall provide
Customer such traiining as Customer may order from time to time,the location,and times of which shall'be mutually agreed upon by the parties.
6.LIMITED WARRAINTY.
6.1 PRODUCT WARRANTY.Fitnessmith warrants to Customer that(a)the Product(s)will be free from defects in material and workmanship
and will conform to the manufacturer's applicable published specifications.The foregoing warranty shall(a)only apply for the period warranted
by the manufacturer from the date of delivery to Customer(the'Product Warrardy Period')and(b)only extends to Customer and may not be
assigned or otherwise transferred to a,third(party.As Fitnessmith's sole obligation,and Customer's sole and exclusive remedy for any breach of
the warranty set forth in this.Section 5.1, Fitnessmith or the manufacturer shall repair or,at its option, replace the defective Product,or
component thereof.Unless alternative(procedures have been agreed to between Customer and Fitnessmith in a Preventative Maintenance and
Services Agreement, in,effect concurrently with the Product Warranty Period,to obtain warranty service Customer must contact Fitnessmith or
the manufacturer.
5n2 INSTALLATION AND SERVICES WARRANTY.Fitnessmith warrants to Customer that the installation and training services provided
hereunder will be performed in a professional manner consistent with industry standards, Fitnessmithh,shall,as its sole obligation and
Customer's sole and exclusive remedy for any breach of the warranty set forth in this Section 52, re-perform the services which gave rise to
the breach or,at Fitnessmith's option, refund the fees paid by Customer for the services which gave rise to the breach;provided that Customer
shall)notify Fitnessmith,in writitng of the breach within thirty(30)days following performance of the defective services„specifying the breach in
reasonable detail.
5.3 WARRANTY EXCLUSIONS AND(DISCLAIMER.EXCEPT FOR THE:LIMITED WARRANTIES'SET FORTH IN SECTIONS 5.1 AND 5.2
ABOVE,THE PRODUCTS AND SERVICES ARE PROVIDED"AS IS,"'WWITHOUT REPRESENTATIONS ORWARRANTIES OF ANY KiND.
FITNESSMITH EXPRESSLY DISCLAIMS ALL OTHER"WARRANTIES,EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
3892
WARRANTIES OF MERCHANTABILITY,FI1"N OR A PARTICULAR PURPOSE,E,TITLE,AND NO'WINFRIlrlGl^M NT O>r"THIRD-PARTY
RIGHTS. FITNESSMITH DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES FURNISHED TO CUSTOMER HEREUNDER WALL
MEET CUSTOMER'S REQUIREMENTS,THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT ALL ERRORS WILL BE CORRECTED.CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON I NO WARRANTIES OTHER THAN
THE EXPRESS WARRANTIES PROVIDED HEREIN.
6.IINI�EiINIfiIII=ICATIt?N
.1 Fitnessmith shall defend, indemnify and hold Customer,its officers,employees,agents,and assigns harmless from and against any and
all liability,loss,expense(including attorneys'fees),or claims for injury or damages arising out of the performance under this Agreement related
to the delivery and installation of fitness equipment,but only In proportion to and to the extent such liability,loss,expense, atlorneyi or
claims for Injury or damages are caused by or result from the negligent, reckless, or intentional acts or omissions of ftiessmith,its officers,
agents,employees„or assigns, However,Fltnessmith shall not be liable for any claim made against Fitnessmith unless written notice of any
such claim has been provided to Fitnessmith on a timely basis in order to allow Fitnessmith the full opportunity to immediately investigate and/or
resolve any such claim.Fitnessmith's sole liability,whether in contract or tort, including negligence,or otherwise,for any loss or damage shall
be limited to damages resulting from the performance of this Agreement,as specified herein,
6.2 Customer shall)defend, indemnify and hold Fitnessmith„ its officers,employees,agents, and assigns harmless from and against any and
all liability„loss,expense(including'attorneys'fees),or claims for injury or damages arising out of performance under this Agreement retated to
the delivery and installation of fitness equipment,but only in proportion to and to the extent such liability,loss,expense, attorneys'fees,or
claims for injury or damages are caused by or result from the negligent,reckless,or intentional acts or omissions of Customer,its officers,
agents,employees,or assigns.
6.3 Customer acknowledges and agrees that Fitnessmith is a reseller of the equipment and products being provided)for under the terms of
this Agreement,and not the manufacturer of any such,equipment and/or products being provided for under the terms of this Agreement.As a
result, Fitnessmith is not liable for any damage or deficiencies in equipment and/or products supplied to Customer,including,without limitation,
the equipment and/'or products being provided for under the terms of this Agreement.The manufacturer of the equipment and products being
provided for under the terms of this Agreement,supplies a manufacturer's warranty and Customer agrees that any claims by Customer for
damage or deficiencies in such equipment and/or products shall be made directly to the manufacturer and Fitnessmith or is released from any
and all liability in respect of damage or deficiencies to such equipment and/or products being provided for under the terms of this Agreement.
6.4 In the event of any such recall or withdrawal of any equipment being provided for under this Agreement„Customer agrees to make any
such claims for reasonable expenses incurred directly to the manufacturer of such equipment and Fitnessmithi its released from any and all
liability in respect to damages and/or expenses incurred for any such,recall or withdrawal of equipment being provided for under this
Agreement.
low LIII I ATI ONOF AB LITY.IN NO EVENT SHALL FITNESSMITH BE LIABLE FOR ANY INDIRECT,SPECIAL, (INCIDENTAL,EXEMPLARY
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONANY LOST DATA,LOST PROFITS AND COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,ARISING OUT OF OR RELATED TO THIS AGREEMENT,THE USE OF OR
INABILITY TO USE THE EQUIPMENT OR THE SOFTWARE OR ANY SERVICES PERFORMED(HEREUNDER,REGARDLESS OF'THE
FORM OF ACTION,WHETHER IN CONTRACT„TORT OR OTHERWISE,EVEN IF FITNESSMITH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.FITNESSMITH'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE AMOUNT
PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM,TO THE FULLEST EXTENT
PERMITTED BY LAW,FIITNIESSMITH SHALL NOT BE LIABLE TO CUSTOMER IN RESPECT OF ANY CLAIM FOR WHICH WRITTEN
NOTICE IS NOT PROVIDED TO FITNESSMITH WITHIN TWELVE(12)MONTHS FROM THE DATE ON WHICH THE CLAIM ARISES.THE
PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT,IN ITS
ABSENCE,THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
0.MJ§!;gLLANE0US.
8.1 GOVERNING LAW AND VENUE.This Agreement shall be construed in accordance with,and all disputes hereunder shall be governed
by,the laws of the State of Florida.All parties to this Agreement agree to submit to personal jurisdiction in the County of Palm Beach„ State of
Florida, united States of America.Any dispute that arises under or relates to this Agreement(whether contract,tort or both)shaft be resolved in
the applicable Federal or state court 4n the County of Palm Beach, State of Florida, United States of America..
6.2 PUBLICITY.Customer agrees that Fitnessmith may refer to its relationships with Customer in presentations and marketing materials,
provided, however,Fitnessmith will not issue any press release concerning its relationship with Customer without Customer's prior written
consent(not to be unreasonably withheld),Notwithstanding the foregoing,Fitnessmith shall not be restricted from disclosing any information as
required by applicable law,regulation,or ordinance.
8.3 ASSIGNMENT.This Agreement may,not be assigned to another party by either Party,either in whole or in part,without the prior written
consent of the other Party,and such,consent shall not be unreasonably withheld.
3893 ''
111i WAIVER.No failure or delay on the part of either party in exercising any right or iremediy hereunder will operate as waiver thereof, nor
will any or a single or partial exercise of any such right or remedy preclude any other or further exercise thereof of any other right or remedy,No
provision of'this Agreement may be waived except in a writing signed by the party granting such waiver.
8.5 FORCE MAJEURE.,Neither Party shall be responsible for any failure to perform due to causes beyond a Paarty's reasonable control,
including but not limited to labor disputes, strikes„acts of Godl, fire,delays in transportation,interruption or failure of electricity or
communications systems„governmental actions or any such event deemed to be a pandemic.Any delay fond a party"s reasonable control
shall be excused)and the period of perfonnance extended as may be necessary to enable the Party to perform after the cause of delay has
been removed.
8.6 ATTORNE'Y'S FEES.If any party institutes any action or proceeding,the prevailing party shall be entitled,in addition to such other relief
as may be granted,to be reimbursed i by the losing party for all costs and expenses incurred thereby,Including,but not limited to,reasonable
attorneys fees(including pre-judgment and post-judgment)and costs
8.7 NOTICE.Except as permitted elsewhere in this Agreement, all notices or other communications required or permitted under this
Agreement shall be in writing and sent by registered or certified mall,postage prepaid,or by express delivery service, or delivered)personally,
by private courier,and followed by such mailing. Notice shall be deemed to have been given upon receipt.
S.E AUTHORIZED PARTIES.Each of the Parties hereto represents to the other that(i)it has full power,authority and legal right to enter
into and perm this Agireement,(iIi)the execution,delivery and performance of this Agreement has been duly authorized by all necessary
action on each party"s part,does not require any approvals or consents excerpt such approvals and consents as have heretofore been duly
obtained or which are specifically enumerated herein to which this Agreement is subject, and(iii)this Agreement does not contravene any law
binding on,either of the parties or contravene any agreement to which either of the parties hereto is a party or by which it is bound,or any law,
governmental rule,regulation or order,Upon request, each of the parties will provide the other party with documentary evidence of its authority
to enter irdoo this Agreement.
8.9 ENTIRE AGREEMENT.This Agreement constitutes the entire agreement between the parties regarding the subject hereof and
supersedes all prior or contemporaneous agreements, understandings,and communication,whether written or oral.'This Agreement shall not
be modiified except by a subsequently dated written amendment signed on ibehalf of F and Customer by their duty authorized representatives.
PROCUREMENT & WAREHOUSING SERVICES
7720 WEST OAKLAND PARK BOULEVARD,SUITE 323,SUNRISE,FL 33351 PH:754-321-0505
EMAIL:Purc,,r,ia irLn,1l-lel,pDesk@Brcr wao,dSc.l,iocnis corn vrwva.FrowardSc iools.raorrl/I-IW
CONTRACT AWARD DETAILS (CAD)
Contract Number: FY22-128 (Previous Contract Number: 16-097N)
Contract Title: Gym Equipment
Bid Type: Invitation to Bid (ITB)
Commodity: ACS (Academics Student Services)
Material Group: 93111 Athletic Supplies/Equipment MTCE. &Repair;
806 Athletic Supplies: PE, Track&Sporting Goods
Contract Value: $1,937,124
Contract Start Date: October 31, 2021
Contract Expiration Date: October 31, 2024
Renewal Options: Two(2) 1-Year Periods
Broward Coun School Board Point of Contact Information:
' wry rtY I'
For contract, pricing, fulfillment, quality concerns For purchase order processing, requisition,
or questions email: purchase order status questions or concerns email:
Neda Augusto, Purchasing Agent Dena M. Lomando, Purchasing Agent Specialist
naugusto-pmor@browardschools.com dena.lomando@browardschools.com
754-321-0520 754-321-0502
ofthlii >aetrl Atir
Shawn M. Cerra, Director Ty Thompson, Principal District Administration
shawn.cerra@browardschools.com ty.thompson@browardschools.com
754-321-2550 754-321-2550
Background:
The Bid would provide individual schools the opportunity to replace/renew gym equipment at their
perspective locations. Vendors will provide a catalog of goods for schools to choose from to enhance their
athletic and student activities program at their prospective schools.
Method of Award (MOA):
In order to meet the needs of SBBC, each ITEM, shall be awarded up to one primary and one alternate
responsive and responsible Bidders meeting specifications,terms and conditions. The Awardee providing
the greatest educational discount for an item shall be considered the primary vendor and should receive
the largest volume of work. SBBC reserves the right to procure goods from the vendor providing the second
greatest educational discount if: a) the primary vendor cannot comply with delivery requirements or
specifications; b) the primary vendor is not in compliance with delivery requirements or specifications on
current or previous orders; c) in cases of emergency; or d) if it is in the best interest of SBBC.
After award of this bid, any Awardee who violates any specification, term or condition of this bid can be
found in default of its contract, have its contract canceled, be subject to the payment of liquidated damages,
and be removed from the bid list and not be eligible to do business with SBBC for two years, as described
in General Conditions 21 and 58.
This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/
Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request.
This CAD was revised last on:9/22/2021 Page 1 of 5
3895
u�...
PROCUREMENT &
REHOUSING SERVICES
7720 WEST OAKLAND PARK BOULEVARD,SUITE 323,SUNRISE,FL 33351 * PH:754 321-4505
EMAIL:PurcP�asirtgltf;��VpID sk(iI> tc)waod cha.lols c;oln wwvv P3row,,rrdScltilo c,,.ccoin,/P
Awarded Vendors and Contract Pricing:
E 1�ti airs
Vendor r#10.3294
Centurion Partners Health and Fitness LLC d/b/a
Fitnessmith 2, 3, 7, 8, 9, 10, 12, 17, 18,
3610 Quantum Blvd., Boynton Beach, FL 33426 19, 21, 33, 34, 35, 36, 37,
38, 39,41, 42, 43, 44,45,
Contact: Jason Mattson 46, 47,49
jmaftson@fitnessmith.com
(561) 529-5590 1 (561)670-9466
Vendor#141649
Commercial Fitness Products Inc
5034 N. Hiatus Road, Sunrise, FL 33351
14, 25 19
Contact: Fred Morrill
fred@commfitnessproducts.com
(904)254-9162
Vendor#110261
Life Fitness LLC
10601 Belmont Avenue, Franklin Park, IL 60131
4, 16, 23 8, 34,46
Contact: Chris Dantzler
christopher.dantzler@lifefitness.com
(704)773-6374
Vendor#129176
MFAC, LLC
1600 Division Road, West Warwick, Rhode Island
02893 15, 26, 27 7, 10, 14, 25, 33, 35,
38, 39, 49
Contact: Jennifer Lachapelle
mfathletic@mfathietic.com
(800) 556-7464 1 (800)667-9363
Vendor#101012
Promaxima Manufacturing LLC
5310 Ashbrook, Houston TX 77081
31
Contact: Cindy Steele
CSteel�promaxima.com
(407) 429-9972 1 (800) 231-6652
S/M/WBE Goal and Vendors:
None.
This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/
Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request.
This CAD was revised last on:9/22/2021 Page 2 of 5
3896
PROCUREMENT & WAREHOUSING SERVICES
BOULEVARD,7720 SUITE 323,SUNRISE,FL 33351 PH:754-321-4545
EMAIWEST OAKLAND PARK a rVioor coni www,.Bfic)w,aid'ScR�iool,,collnlU'V"J`
Delivery Requirements:
All deliveries shall be F.O.B. destination point. Unless actual date of delivery is specified (or if specified
delivery cannot be met), show number of days required to make delivery after receipt of Purchase Order in
space provided. Delivery time may become a basis for making an award(see Special Conditions). Delivery
shall be within the normal working hours of the user, Monday through Friday, excluding state holidays and
days during which SBBC administration is closed
Contract Addendum and Contract Change Log:
The primary purpose of the log is to record/track each procurement action from the date of initial award
(this includes amendments, modifications, addition/deletion of award items,contract modifications, contract
renewals, vendor information changes, etc.). This log eliminates the requirement to issue separate award
sheet addendum. The following amendments/changes have been implemented subsequent to the award
of this contract.
nt;N+ taeald Ci ;. ifiltint
1 9/14/21 Board approved as item 00-23 with$1,937,124 spending authority Neda Augusto
This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/
Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request.
This CAD was revised last on:9/22/2021 Page 3 of 5 3897
PROCUREMENT & WAREHOUSING SERVICES
7.
d 7724 WEST OAKLAND PARK BOULEVARD,SUITE 323,SUNRISE,FL 33351 • PH:754-321-0505
EMAIL:Prwirc. asirnaysic.;,)DkM Yk@e,,ucr vart,d ctricwkal,,;q wn www.B owar(RScRioois,coirrii/F�WS
Lam : Pirimary Awardeena Awardo
NOTE
CENTURON
PARTNERS HEALTH COMMERCIAL LIFE PROMAX0
Item# Manufacture( AND FITNESS,LLC FfTNESS FITNESS, MANUFACTURING
D
1 ABCORE No&d No Bid No bd No Bid
2 BATCA No Bid No Bid No Bid No Bid
SCCY SOLID No Bid No Bid NoW No Bid
4 BRUNWICK BILLARDS No Bid No Bid P No Bid No Bid
6 CAP BARBELL No Bid No Bid No Bid No Bid No Bid
CHAMPION ELL No bd No Bid No Bid No Bids No Bid
T CONCEPTII 5 O RER�`�rp No Bid No Bid A 100 No U
6 CYS X (P)MOFFER No 84 ( )25% No Bid No Bid
L'II�
CYS IT1 CdTT I No Bid No Bid No bd No Bid
10 DYNAMIC FITNESS 2 d No Bid No bd (A)100k No Bid
11 ELITE No Bid No Bid No Bad No Bid No Bid
12 EXPRESSOIIFH 20 No Bid No Bid No Nd No Bad
13 FITNESS IITH No Bid No Bid No Bad No Bid No Bad
14 FFIS.S MOTIONICAR10 No W 12%( ) No Bid ( 10 No Rd
15 GILL No Bad No Bid No Bid (P)10 No Bd
16 RAMMER STRENGTH No Bd No Bred No Bid No Bid
17 HAMPTON 2D No Bid No Bid NOW No Bid
16 HOIST LP) No Bid No Bad NOW No Bid
19 II FLI aHT FITNESS 1 %(A) No Bed No Bid No Bd
20 IN MOVEMENT No&dd No Eid No Sid No Bid No Bid
1 NTENA M No Bid No Bred No Bid No Bid
This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/
Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request.
This CAD was revised last on:9/22/2021 Page 4 of 5
3898
PROCUREMENT &
WAREHOUSING SERVICES
7720 WEST OAKLAND PARK BOULEVARD,SUITE 323,SUNRISE,FL 33351 • PH:754-321-0505
EMAIL: PIAr(,,�iaslrn-ietlpDesk@BTowardSchools c;om rs +w Bmo�wwdS1ch of aPoln/l"W
CENTURON
PARTNERS HEALTH COMMERCIAL LIFE PROMAXIMA
11loynta Buck FLI [Sunrise,FLI lRosenoft,Ll lWast Warwick,FUJ [Houston,TKI
22 IRON GRIP No Bid Nu Bid Net Bid No Ord No Bid
23 LIFE FITNESS No Bad No Ed P 2 No Bud No B4
24 LIFECORE No Did Nu Bad No BW NO ed No Bad
25 MATRIX FITNESS No Bid 2 No Bid (A)In. Na k
26 M_F ATHETICS No Big No Bid ( 110% No 94
27 NAUTILUS No Bid No Bad No Bid (P)11% No BUJ
28 NORDIC TRACK Noes Bad NO Bad No Bcd No Brad
29 OCTANE No Bid No Bd No Bid No Bid No Bud
30 PRECOR No Bld No Bid No Bid No Bid No Bid
31 PROMAXIMA No Bid No ihd No Bid %
32 SCHU'TT No Bid No Bid No Bad No Bid No acid
33 SCH No Bad No Bid (A)1 No BA
34 SCIFI'T ofR No Bid A 25 No Bad No Bid
35 SPRI'T ( No Bad No Bld (fit')1 No Bd
36 SPRI p) No&d No Bid NOW No Bad
37 STAGES 2 % No Bad No Bud No Bad No Bid
38 STAIRMASTER No Bid No Bid (A)1 /6 No DA
39 STAR T No Bad No Bid A)1 V16 No Bad
40 TECHNO GYM No Bad No tw No Bid No Bad No Bad
41 T"HRO OWN (1 20 No Bid No Bad NO Bid No Bid
42 TOROUE ( )2 Na Bid 140 Bid NO Bod No Bid
43 TROY Tj 20% No Bid No Bid No Bid No Bid
44 TROY BARBELL (") % No Bad No Bid No Bid No Bid
4�5 TRUE FITNESS ( No Bid No Bid NoBol No
46 TRX (P)2 %OFFER 1 %OFFER A)25% 10% No BA
+5 x21'51"r <15"1A 4 5r 2"v;.
47 TUFF STUFF" t20% No Bid No Bid Net Bad No Bad
46 ULTRA FYI` No&d No Bred No Bid No Bad No Bad
49 VERSA CLIMBER R No Bad No&d AI 1 0 No B�
50 WI1 SORB No Bad No Bid No Bid No Bid No Bid
51 WORLD SMIRTING WWS No Bid N.Bid No W No Bid No Bad
This document is not designed to provide a detailed overview of Individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/
Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request.
This CAD was revised last on:9/22/2021 Page 5 of 5
3899
I bfl � r�RP WARD
Schools � I ilii l V iY NCI �i .I
The School Board of
Mauricio R. Stradiotti Broward County,Florida
Director, Procurement&Warehousing Services Lori Alhadeff,Chair
7720 W. Oakland Park Boulevard Debra Hixon,Vice Chair
Sunrise, Florida 33351 Torey Alston
Brenda Fom,Esq.
phone: 754-321-0501 • fax: 754-321-0936 Daniel P.Foganholi
tngLiri '9o,str diotti(5;);")Ic)ward"p4'.;:hools,cGu ri,il Dr.Jeff Holness
Sarah Leonardi
www.browardschools.com/PWS Nora Rupert
Dr.Allen Zeman
October 15, 2024 Dr.Howard Hepburn
Superintendent of Schools
Centurion Partners Health and Fitness, LLC Phone: 561-529-5590/561-670-9466
d/b/a Fitnessmith
Attn: Jason Mattson Email to:j fr,1 L)qd:),f!r mitt i corn
3610 Quantum Blvd
Boyton Beach, FL 33426
Subject: Letter of Renewal and Request for Certificate Insurance
ITB #: FY22-128
ITB Title: Gym Equipment
Contract Term: 11/1/2024 through 10/31/2025
Dear Mr. Mattson:
The School Board of Broward County, Florida has accepted to renew the above-referenced ITB via Memo Renewal
in October 2024.
If there have been any changes for your firm since the previous award, use the link below to update your vendor
registration: h p:ILL co 9,b fd of rca v �er6 urTt .sv� p&r a i cc r Pf r gr„
Proof of insurance must be submitted to the insurance tracking system within fifteen (15) days of this notification.
You will receive a system-generated email within three(3) business days of this letter with insurance requirements
and a unique link to upload your certificate of insurance(located at the bottom of the email as a blue box labeled
Upload COI). YOU MtISI RECEIVE A NO'TICI„'1k'1, 01�� COIICPi�IA NCIIIIIIll"
All employees(including subcontractors and agents)who enter onto SBBC property must be fingerprinted and wear
a SBBC issued photo identification badge at all times while on SBBC property. Part of the registration stration requires a
PIN Number. Vendor must send an email direct to:fie p ifl!j@� rMowardd ch Is,corn to request a PIN Number WITH
a copy of this award letter attached to the email. Information about the process can be found at this link:
tLttp / r MA,bI,ow r° (tggl .cotn/Pagg�/ Qg2I1 If you have questions pertaining to identification badges, please
contact the Security Clearance Department at(754) 321-2374.
Please note, an identification badge will not be issued and no work can commence until insurance forms
are approved, and a written purchase order is released.
Any service provided or merchandise delivered prior to the receipt of the Purchase Order(PO) is at the full
risk of the seller. SBBC is not responsible for the payment of any service or merchandise before issuing
the corresponding PO.
Sincerely,
Purchasing Agent I
Cc: Suet Cheung, Risk Management
ATTACHMENT: INSURANCE PROVISIONS
i iiiilff�i Educating Today's Students to Succeed In Tomorrow"e World
Broward County Public Schools Is an Equal opportunity Employer
3900
p7yilot
9 5
'11Q B Ru'"' W A R D,
A %//
CountyPublic hoofs
MINIIMUM INSURANCE REQUIREMENTS
lnsurance Reguirements. VENDOR shall comply with the following insurance requirements throughout the term of this Agreement:
a. Cameral Liabilifir. VENDOR shall maintain General Liability insurance during the term of this Agreement with limits not less than
$1„000,000 per occurrence for Bodily Injury/Property Damage;$1,000,000 General Aggregate;and limits not less than$1,000,000 for
Products/Completed Operations Aggregate.
b, Workers'Compensation, In accordance with Chapter 440,Florida Statutes„VENDOR shall have and maintain Workers'Compensation
insurance and Employer's Liability limits of not less than 1''00,000/$100,000/$500,000(each accidentldisease-each employee/disease-
policy limit).
c. Auto Liability, VENDOR shall have and maintain Owned,Non-Owned and Hired Auto Liability insurance,with Bodily Injury and Property
Damage with limits of not less than $1,000,000 Combined Single Limit If VENDOR does not awn any vehicles, it shall have and
maintain hired and non-owned automobile(liability coverage in the amount of$1„000,000.In addition,an affidavit signed)by VENDOR
must be furnished to SBBC stating the following:"Centurion,Partners Health and Fitness,LLC d/bla Fitnessmith does not own any
vehicles. If Centurion Partners Health and Fitness,LLC dlb/a Fitnessmith acquires any vehicles during the term of the Agreement,
Centurion Partners Health and Fitness,LLC dibla Fitnessmith agrees to provide of proof of"Any Auto"coverage effective as of the
date of vehicle acquisition."
d. Acceptability of Insurance Carriers. The insurance policies required under this Agreement shall be issued by companies qualified to do
business in the State of Florida and having a rating of at least A-VI by AM Best or Aa3 by Moodly's Inventor Service.
e. Verification of Coverage. Proof of insurance must be submitted to the insurance tracking system within fifteen (15) days of this
notification, You will receive a system-generated email within three(3)business days of this letter with insurance requirements and a
unique(link to upload your certificate of insurance(located at the bottom of the email as a blue box labeled upload COI). YOU IIILtoi'S°f
RE"'CEI'Miiz A NOTiOE OF COIICi!IUANGE!!,
f. Reguired Conditions. Liability policies must include the following terms on the Certificate of Insurance:
1,The School Board of Broward County,Florida„its members,officers,employees and agents are added as additional insured'.
2.All liability(policies are primary of all other valid and collectible coverage maintained by The School Board of Broward County,
Florida,
3.Certiflcate Holder: The School Board of Broward County,Florida.600 SE 31d Avenue,Fort Lauderdale,Florida 33301
g, Cancellation of Insurance. VENDOR is prohibited from providing services under this Agreement with SBBC without first obtaining the
minimum required insurance coverage and must notify SBBC within two(2)business days if required insurance is canceled.
h. SBBC reserves the right to review, reject or accept any required policies of insurance, including limits, coverage or endorsements,
herein throughout the term of this Agreement.
NOTE: EXIGIS IS NIO LONGER HANIDLING THE CERTIFICATE OF INSURANCE,
ro;I Educating Todc y's Stud*nfs fo Succeed In Tomorrows World
Broward County Pubilic Schools Is an Equal Opportunity Ernployer
3901
Guide to Equitable Sharing 115
d. Law enforcement equipment—Costs associated with the purchase,lease, maintenance
(including repairs or service agreements), or operation of law enforcement equipment for use
by law enforcement personnel that supports law enforcement activities. Examples include
furniture, file cabinets, office supplies, telecommunications equipment,copiers, safes, fitness
equipment, computers, computer accessories and software, body armor, uniforms, firearms,
radios,cellular telephones, electronic surveillance equipment,vehicles (e.g., patrol and
unmarked vehicles), and animals and animal-related expenses.
e. joint law enforcement/public safety operations—Costs associated with the purchase of
multi-use equipment and operations used by both law enforcement and non-law enforcement
personnel. Examples include 911 call center equipment, defibrillators,search and rescue
boats, aircraft, and diving equipment. These expenditures are exempt from the pro-rata
calculation. This provision does not include equipment to be used solely by non-law
enforcement personnel, such as fire and EMS vehicles.
f. Contracts for services—Costs associated with a contract for a specific service that
supports or enhances law enforcement is permitted. Examples include translation and
language assistance services, staffing and feasibility studies, auditor to perform an audit •
of equitable sharing funds,subject matter expert, grant writer, or software developer.
Employment-related contracts or contracts involving inherently law enforcement functions
are prohibited. Examples include hiring an attorney, investigator, or civilian personnel to
perform tasks typically or previously performed by agency or jurisdiction personnel. Under
no circumstances should a contract for service be entered into where the payment of that
service is based on a percentage of the seizures and forfeitures of the law enforcement agency.
g. Law enforcement travel and per diem—Costs associated with travel and transportation to
perform or in support of law enforcement duties and activities. All related costs must be in
accordance with the jurisdiction's per them policy and must not create the appearance of
extravagance or impropriety.
h. Law enforcement awards and memorials—Costs associated with the purchase of plaques,
certificates, and challenge coins for law enforcement personnel in recognition of a law
enforcement achievement, activity, or training. Shared funds may not be used to pay awards
in the form of cash or cash equivalents or stored value cards.
Shared funds may be used to pay the costs for commemorative plaques, displays, or
memorials on law enforcement property that serve to recognize or memorialize a law
enforcement officer's contributions, such as a memorial plaque or stone in honor of an
agency's officers killed in the line of duty. The plaque,display, or memorial must not create the
appearance of extravagance.
i. Drug,gang, and other prevention or awareness programs—Costs associated with
conducting law enforcement agency awareness programs. Examples include public service
announcements, meeting costs, motivational speakers, and items used or distributed by
the agency such as child identification kits and anti-crime items, literature, or software. See
Section V.B.I.k for supporting non-law enforcement agency community-based programs.
3902
Guide to Equitable Sharing 117
B.Use of Shared Funds
Except as noted in this Guide, Program participants shall use equitably shared funds for law enforcement
purposes only("permissible uses"). If an agency is unsure whether a proposed expenditure is
permissible, it should email mlars,ESProgram@usdW, ov for Justice fund expenditures or
treas.aca@treasurye ov for Treasury fund expenditures.
Agencies may use equitably shared funds for any permissible agency expenditure, and both sworn and
non-sworn law enforcement personnel may use them. The fact that equitable sharing derives from
property forfeited by a particular agency unit or as a result of a particular federal violation does not
limit its use to purchases only for that unit or to further investigations only for that particular federal
violation. If an agency wishes to support a multi-agency expenditure, such as a new payroll system or
city municipal building, with a non-law enforcement agency,the law enforcement agency's costs based on
its use maybe calculated on a pro rata basis.
1.'Permissible Uses
a. Law enforcement administrative costs—Administrative costs that further the agency's
law enforcement goals or missions. Examples include recruitment and advertisement
costs, agency accreditation,banking and equitable sharing account maintenance fees, or
agency membership dues. Memberships and dues for an individual are impermissible. See
Section VB,2,d.
b. Law enforcement training and education—Training of agency personnel, including
investigators, prosecutors, and sworn and non-sworn law enforcement personnel, in any
area necessary to perform official law enforcement duties,provided that the employees'
regular duties require knowledge of these topics. Examples include training and conference
registration fees, tuition, speaker fees, or costs to produce training curricula on topics such as
serving as a canine handler, narcotics detection, defensive tactics, criminal justice, languages,
constitutional law, accounting and finance, or forensics. Agencies may not pay for training
expenses of non-agency personnel. See Section VB,2,i.
Agencies may not donate or transfer funds to associations or organizations providing training.
c. Law enforcement,public safety, and detention facilities—Purchase,lease, or operation of
law enforcement, public safety, or detention facilities used or managed by the recipient agency.
Examples include the costs of leasing, furnishing, and paying utilities for law enforcement
facilities.
Treasury shared funds may also be used to pay costs associated with the construction,
expansion, or improvement of law enforcement facilities, regardless of the size or scope of the
project. Examples include new HVAC equipment, paving projects, security fencing,paint and
carpeting, or construction materials related to construction projects.
Justice shared funds may NOT be used to pay costs associated with the construction,
expansion, or improvement of law enforcement facilities, regardless of the size or scope of the
project. See Section VB,2,m.
3903
18 Guide to Equitable Sharing
d. Law enforcement equipment—Costs associated with the purchase, lease, maintenance
(including repairs or service agreements), or operation of law enforcement equipment for use
by law enforcement personnel that supports law enforcement activities. Examples include
furniture, audio-visual equipment, office supplies,telecommunications equipment, copiers,
safes, fitness equipment, computers, computer accessories and software, body armor, body-
worn cameras, cloud data storage, uniforms,firearms and related equipment, ammunition,
radios, cellular telephones, electronic surveillance equipment,vehicles (e.g., patrol and
unmarked vehicles), and animals and animal-care-related expenses.
e. Joint law enforcement and public safety operations—Costs associated with the purchase of
multi-use equipment and operations used by both law enforcement and non-law enforcement
personnel. Examples include 911 call center equipment, defibrillators,Naloxone, search
and rescue boats, aircraft, and diving equipment. These expenditures are exempt from the
pro-rata calculation of law-enforcement-related costs. There must be a law enforcement use;
the equipment cannot be solely for non-law enforcement operations, such as fire and EMS
vehicles.
f. Contracts for services—Costs associated with a contract for a specific service that supports
or enhances law enforcement. Examples include translation and language assistance services,
outsourced laboratory testing, staffing and feasibility studies, auditing of equitable sharing
funds, Employee Assistance Program services, subject matter expert consultations, grant
writing, or software development.
Employment-related contracts or contracts involving inherently law enforcement functions
are prohibited. Examples include hiring an attorney, investigator, or civilian personnel to
perform tasks typically or previously performed by agency or jurisdiction personnel.
Under no circumstances should any agency enter a contract that bases payment on a
percentage of the seizures and forfeitures of the law enforcement agency.
g. Law enforcement travel and per diem—Costs associated with travel and transportation
for law enforcement agency personnel to perform or support law enforcement duties and
activities. Travel and per diem for personnel from other agencies is not permitted. All related
costs must be in accordance with the jurisdiction's travel and per diem policies and must not
create actual or the appearance of extravagance, waste, or impropriety.
h. Law enforcement awards and memorials—Costs associated with the purchase of plaques,
certificates, commemorative badges, and challenge coins in recognition of a law enforcement
achievement, activity, or training. Shared funds may not be used to pay monetary awards in
any form, including cash, cash equivalents, or stored value cards.
Shared funds may be used to pay the costs for commemorative plaques, displays, or
memorials on law enforcement property to recognize or memorialize a law enforcement
officer's contributions, such as a memorial plaque or stone in honor of an agency's officers
killed in the line of duty. The plaque, display, or memorial must not create actual or the
appearance of extravagance, waste, or impropriety. Justice shared funds may not be used for
memorials involving construction. See Section VB,2,m,
3904