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1South Miami b6"" CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM mr To: From: Date: Subject: The Honorable Mayor and Members of the City Commission Steven Alexander, City Manager October 17, 2013 Agenda Item #-----9LL----- A Resolution authorizing the City Manager to expend $9,190.00 for the purchase of two (2) Prism Inflatable Light Systems from Prism Lighting Services, to be charged to account number 615-1910-521-3450 Federal Forfeiture (Contractual Services), providing for an effective date. Background: The Police Department has been in the process of locating a portable lighting source which does not require it to be towed by a vehicle. The Prism Inflatable Light System is an innovative light system which holds its own patent (US Patent #8328377). The system is a self contained lighting source which operates with a generator. The lighting system inflates a cylindrical tube with a lighting source contained at the top which radiates a light source. This unit was field tested during a DUI operation and very positive reviews were reported. The Prism Lighting System will be utilized during various operations, crime scene investigations and emergency management situations. This system is sole source and holds a US Patent because of its exclusive design. This purchase will be made from the Federal Forfeiture Account and meets all standards as set forth by Department of Justice "Guide to Equitable Sharing for State and Local Law Enforcement Agencies". 2001 Expense: $9,190.00 from account 615-1910-521-3450 with a current balance of $170,300.00. Attachments: D Proposed Resolution D Quote from Prism Lighting Services D Sole source letter D US Patent 8328377 D Federal Forfeiture Guide Pages 16-22 1 RESOLUTION NO. ______ _ 2 A Resolution authorizing the City Manager to expend $9,190.00 for the 3 purchase of two (2) Prism Inflatable Light Systems from Prism Lighting 4 Services, to be charged to account number 615-1910-521-3450 Federal 5 Forfeiture (Contractual Services), providing for an effective date. 6 7 WHEREAS, the Police Department wants to purchase two (2) Prism Inflatable 8 Light Systems, and 9 ~ 10 WHEREAS, the Police Department needs a portable lighting system to provide 11 a lighting source for special operations, crime scenes and emergency management 12 situations, and 13 14 WHEREAS, the cost of the two (2) Prism Inflatable Systems, which will be 15 charged to account 615-1910-521-3450, Federal Forfeiture Contractual Services 16 account with a current balance of $170,300.00. 17 18 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 20 21 Section I: The City Manager is authorized to purchase two (2) Prism 22 Inflatable Lighting systems from Prism Lighting Services the sole manufacturer and 23 source for this product in the United States as approved in the 2013-2014 budget for 24 the total amount not to exceed $9,200.00. To be charged to account number 615-1910- 25 521-3450, Federal Forfeiture Contractual Services account. 26 27 Section 2: If any section clause, sentence, or phrase of this resolution is for 28 any reason held invalid or unconstitutional by a court of competent jurisdiction, the 29 holding shall not affect the validity of the remaining portions of this resolution. 30 31 Section 3: This resolution shall become effective upon adoption by a vote of 32 the City Commission. 33 34 35 36 37 PASSED AND ADOPTED THE _____ DAY OF ______ , 2013 38 39 40 41 42 43 ATTEST: CITY CLERK APPROVED: MAYOR 44 READ AND APPROVED AS TO FORM" COMMISSION VOTE: 45 LANGUAGE, LEGALITY AND Mayor Stoddard: 46 EXECUTION THEREOF: Vice-Mayor Liebman: 47 Commissioner Newman: 48 Commissioner Harris: 49 Commissioner Welsh: 50 CITY ATTORNEY 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 PURCHASE ORDER Quote ~~~:~;';\Cf,j's~~:f~:;~j:~:~'i' P~lic~' o'epartme~t;i 'Att'~::' Lt.':Corbi~";-' """, "Y":''''';','-'::t>,,':':''':J/;;:'~,yr,,:,;(:!!i',''('i','''xn{,:::,,; '(ii'::":;, ::',,:,~\;;:s:K::i,,' Address:. 786·519-9904 Ipcorbin@southmiamifl,Qffi Supplier: Prism Lighting Services, LLC I I PO # I r.C~o:";n:fta:-'c:=;:t:"": -f,;D"=o"':u':':'-:'gG~o""rn'"';t""'o"'--;:;S~a;-:le'::=S~D;7ir'-:'e=ct::-=o=-:-r --------------11 Date 105/02/2013 Phone: 904-880·9900 dgornto@prismligthing,net-cel! 904-608-1024 I Fax: 904-880·3241 Items/Spares/Services PIL 1000 G with stabilizing pole,1000 watt metal halide bulb,tool kit rain cover & storage case with Honda EU20001 generator Shipping Ship To Address : (Need name, phone & special instructions if any) TERMS Delivery -Within 2 weeks Sales Tax -None, fax Reseller Certificate OR charge 7% Shipping _ Extra, GND -$ 135 per PIL 1000, $ 195 per PIL 1000G, $ 95 per PIL NiteLite Payment -Due upon receipt, Credit Cards 3% fee Credit Card: Type· Number-_________________________ ~ Exp date-CVC- Signature -Doug Gornto Qty Unit Price Ext. Price 2 $4,400,00 $ 8,800.00 2 $ 195.00 $ 390.00 TOTAL AMOUNT $ 9,190.00 Prism LIA"UIIlIA Oct 6, 2013 To whomsoever it may concern: Re -Prism Inflatable Light System Dear Sir or Madam: 10175 Fortune Parkway, Ste I 104 Jacksonville FL 32256 Ph -904-880-9900, Fax -904-880-3241 www.prismlighting.net Email-mkothari(iilprismlighting.nct We are pleased to inform you that Prism Lighting Services, LLC is the sole licensed manufacturer and distributor of the patented Prism Inflatable Light system in more than 30 countries. US Patent # 8328377 Please feel free to call us if you f1ave any further questions. Thanks Manish Kothari CEO Prism Lighting Services Prism Lighting Services LLC. III Home III Services & Support IJ FAQ IJ Warranty III Testimonials III Press Releases III Inquiry D Feedback D What's New I:i Contact Us ~ C:cll Now ~904-880-9900 'p"Nmi Operation J The problem How can one person alone in 5 minutes illuminate an area arching over 10,000 sq meters, without access to power, utilizing a low-cost system that is easily transportable in the trunk of an ordinary automobile? The solution: Prism Inflatable Light The Prism Inflatable Light (PIL) is characterized by a supporting structure in synthetic fabric and an air- inflated cylinder, which raises the light source up to 4.5 meters (15 feet) high and provides excellent illumination over the area. The whole structure can be easily made to function by a single person, in conditions of complete darkness, in less than 3 minutes, making it possible to illuminate areas up to 10,000 sq meters (12000 sq yards). Operation One person can raise the PIL with metal halide lamp (1000W equivalent to 95000 1m of brightness) to a height of up to 4.5 meters (15 feet), without using a metallic structure, in order to allow illumination over a vast area, in just a few seconds. A series of axial fans constantly inflate air into the supporting structure, in which sufficient pressure is generated to guarantee the necessary stability to the system, bringing the light source up to the best operative level. During the inflation stage the structure is enlarged vertically and can be made to operate even in narrow spaces. Anchorage of the structure by stainless steel stabilizing poles allows the system to operate even with wind gusts up to 30 miles per hour. The system can be supplied with an autonomous generator with a weight and dimension that make it possible for only one person to operate the system, and it can be transported in the trunk of an ordinary minivanjSUV !! Prism Lighting Services, LLC is the official licensee for the application and production of the Prism Inflatable Lighting System allover the world. WATCH PIL IN ACTION Click above for a short movie on PIL (click here to download the movie) http://www.prismlighting.net/operation _1000. php 1013012013 United States Patent: 8328377 USPTO PADNT FULLrTEprrAND IMAGB DATA.BASIC L~JLM_<~_~[~~~~L~!_~~~] L_~_J ~QmJ [~~!~~!~ ~~~~~ [ i;;;~!~ ] Page 1 of6 ( I of 1 ) United States Patent Kothari 8,328,377 December 11,2012 Temporary andlor emergency lighting system with inflatable bearing structure Abstract In order to provide temporary lighting solution in sometimes extreme conditions, this application has improved upon a prior patent by specifically incorporating a stabilizing rod to protect against extremely high winds or other inclement weather as well as electrical circuitry to enable a sufficient cool down period prior to stowing the device. Inventors: Kothari; Manish (Jacksonville, FL) AppJ. No.: 12/860,230 Filed: August 20,2010 Current U.S. Class! Current International Class: Field of Search: i~9J)193 6012826 Ql7407Q 6322230 6499859 7246913 7252414 362/96 ; 362/363; 362/486 F21V 33/00 (20060101) 362/96,363,486,542,267,278,808446/220 References Cited JReferenced Bvl U.S. Patent Documents April 1999 January 2000 January 2001 November 2001 December 2002 July 2007 August 2007 Stephens Chabert Takamura et al. Medici Petzl et al. Ossolinski Chabert http://patft. uspto.gov/netacgilnph~Parser?Sect 1 =PTO 1 &Sect2=HITOFF &d=PALL&p= 1... 10/10/2013 United States Patent: 8328377 Page 2 of6 Primary Examiner.' Guharay; Karabi Attorney, Agent or Firm: Gibney, Jr.; Lawrence J. Claims .-.--.--... --.-.. -.. --... -.. -.. -.... ---..... -~-...... -.--.---.------. The inventor claims: 1. A temporary pOltable lighting structure that is comprised of: a) a light structure; wherein the light structure is of a predetermined length; wherein the light structure has a predetelmined shape; wherein a light is secured to the interior of the lighting structure; wherein the light structure can be int1ated; b) a means to inflate the light structure is provided; c) a base; wherein said base supports the light structure; wherein the base has a top surface of predetermined dimensions; wherein the base is supported by frame members; wherein the base is hollow; wherein said base supports a power source; d) a stabilizing rod; wherein the stabilizing rod is used; wherein the stabilizing rod is positioned on a top surface of the base; e) a cavity for the stabilizing rod; wherein the cavity is placed on the top surface of the base; wherein a portion of the stabilizing rod is placed in the cavity; f) a rod attachment flap; wherein the rod attachment t1ap is placed on the lighting structure; wherein the stabilizing rod is secured to the rod attachment flap; g) a sIidable mounting surface; wherein the slidable mounting surface is secured to a tray for the power source; said slidable mounting surface secures the power source; said slidable mounting surface can be locked in place; wherein the tray for the power source is secured to the frame members; wherein a means to lock the slidable mounting surface is provided; h) a means to deflate the light structure; wherein the means to deflate the light structure is placed on the light structure; wherein a protective flap is provided over the means to deflate; i) the power source; said power source operates the means to inflate the light structure; said power source operates the light; wherein the means to inflate and a means to illuminate operate independently of each other; j) a means to alter the length of the light structure is provided; wherein a plurality of zippers around the perimeter of portions of the light structure are provided. 2. The device as described in claim 1 wherein the means to deflate the light structure is a zipper of predetermined shape. 3. The device as described in claim 1 wherein a plurality of stabilizing rods are used. 4. The device as described in claim 1 wherein a plurality of rod attachment flaps are used. 5. The device as described in claim 1 wherein a plurality of cavities for the stabilizing rod are used. 6. The device as described in claim 1 wherein the means to lock the slidable mounting surface is a wing nut. Description . __ ._._ .... _ .. _. __ ............. _ ...... -..... _ ... __ ... __ .. _---- BACKGROUND OF THE INVENTION A. Field of the Invention http://patft. uspto. gov Inetac gilnph -Parser?Sect 1 = PTO 1 &Sect2= HITO FF &d = P ALL&p= 1... I 011 0/20 13 United States Patent: 8328377 Page 3 of6 This relates to portable sources of light, particularly light that needs to be spread over a wide range, but only on a temporary basis. The device can be used in a variety of environments and is expected to be subjected to extremes in conditions. B. Prior Art There is one other prior art reference that is closely related to the current application and is found at Medici, U.S. Pat. No. 6,322230. This current patent application improves on the Medici patent by adding a guiding or stabilizing rod to insure that the light source remains constantly in place and prevents the swaying of the light during windy conditions. The Medici patent uses a plurality of guide wires to stabilize the light source but that in turn requires a great deal of surface area in which to deploy the device. At times this surface area is simply not available. Additionally the means to deflate the device has been improved as well as an improvement in the circuitry in the present application. None of the improvements were contemplated by the original patent. BRIEF SUMMARY OF THE INVENTION This device is used for temporary lighting needs. This may be done in open fields at night, on ships at sea, or at events such as outdoor weddings and banquets. The light will be placed inside a long cylindrical tube that is inflatable. When the device is not used the tube is deflated and the tube is rolled up and stored on the unit. The structure will be comprised of a base structure that has a top surface and a series of other supporting members. Under the top surface an area will be provided to house a power source that will be used to int1ate the tube and activate the light within the tube during normal operation. In order to make the device as user friendly as possible and to access the power source, which is likely to be a portable generator, a slidable mounting unit is placed on the structure. On the top surface of the base structure will be mounted a cylindrical tube that houses the light and can be inflated to produce a light source. When the device is not used the tube with the light source can be easily folded and stowed. On the top surface of the device will be the inflatable lighting structure. In operation, the power source will inflate the light structure. One of the challenges in the prior art reference was that. because of the length or height of the light structure, the cylindrical tube may be subject to high winds, making the device unstable and impractical to use. In the prior art reference a plurality of guide wires were contemplated to stabilize the device. This however proves to be impracticable in the field because of the area that is required to secure the wires to the ground surface. A stabilizing rod that is secured to the top surface of the base structure will attach to a portion of the inflatable light structure or tube. More than one stabilizing rod may be used with this device to http://patft.uspto.gov/netacgilnph-Parser?Sectl =PTO 1 &Sect2""HITOFF&d=PALL&p= 1... 1011 0/20 13 United States Patent: 8328377 Page 40f6 provide the needed stability. Additionally it may be necessary to either lengthen or shorten the length of the cylindrical light structure. This may become necessary due to the outside conditions that make it difficult to stabilize the light structure or because of height concerns in a given area. A series of zippers around the perimeter of the light structure will provide a means to shorten or lengthen the light structure. Near the bottom of the inflatable light structure will be a way to deflate the device, specifically an air vent. The air vent may be comprised of a variety of means to deflate the structure but a zipper is likely to be used. There may be a variety of ways to anchor the inflatable light structure by placing one end of the stabilizing rod in a cavity on the top surface, probably a suitable way to anchor the rod. This makes removal and storage of the rod easy when the device is no longer needed. Below the top surface plate will be the power source, which is more than likely to be a portable generator. One of the difficulties in the prior art reference is gaining access to the power source. In the current application a mounting slide is used to secure the power source. When the power source is to be accessed, the user simply slides the power source out and services the power source. BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 is an isometric view of the device in the inHated stage. FIG. 2 is a front view of the device depicting an intlated view. FrG. 3 is a side view of the device, highlighting both the top surface and the generator. FIG. 4 is a top view of the device. FIG. 5 is a fragmented view of the means to deflate the device. FI G. 6 is a fragmented view of the enclosure to SUppOlt or anchor the guide rods. FIG. 7 is an isometric view of the structure that will be used to change the power source. FIG. 7a is an isometric view of the tray locking device. FIG. 8 is a depiction of the device as it is being used as a means to change the power source. NUMBERING REFERENCE 5 Device 10 Base 11 Top surface 12 V-shaped members 13 Crossbar 15 Light 16 Means of attachment 20 Stabilizing rod 21 Cavity 22 Rod Attachment Flap 25 Power source 26 Openings in tray 27 Straps for Power Source 28 Means of attachment for Tray 29 Means to Lock 30 Air vent 31 Closure means 32 Protective t1ap 50 Tray for Power Source 51 Member to support power source DETAILED DESCRIPTION OF THE EMBODIMENTS http://patft.uspto.gov!netacgi/nph-Parser?Sectl =PTO 1&Sect2=HITOFF&d=PALL&p= 1... 1011 0/20 13 United States Patent: 8328377 Page 5 of6 This device is intended to be a portable light source. This device may be used in extreme conditions either on land or at sea. It is designed to provide sufficient lighting during times of extreme conditions. The device 5 will be comprised of a base member lOon top of which is mounted an inflatable light structure 15, which is likely to be opaque in order to provide the necessary amount of lighting for any given condition. The light structure 15 will ofa predetermined height or length and likely cylindrical and different lengths may be used. The light structure 15 is likely to be of a synthetic material, although a variety of other materials may be used. In the light structure 15 will be a light (not depicted) secured to the interior ofthc tubc. The tube should be able to withstand extreme conditions and should be strong cnough for those conditions. Although many different materials may be uscd for the light structure and no specific material is being claimed, the primary considerations for the choice of material are the ability to withstand outdoor weather conditions and provide an adequate lighting area. In order to stabilize the lighting structure, particularly during windy conditions, a rod attachment flap 22 will be positioned on the side of the light structure 15. This rod attachment flap 22 will be secured to a stabilizing rod 20. Many different methods may be used to attach the stabilizing rod 20 to the rod attachment flap and no one method is being claimed. The stabilizing rod will be parallel to the lighting structure 15 and will provide a means to maintain the essentiaUy vertical shape of the light structure during normal use. One end of the stabilizing rod will be placed in a cavity 21 on the top surface 11 of the base 10, Although in FIG. 1, only one rod attachment flap 22 is depicted, more than one rod attachment flap and stabilizing rod may be used. When the device is operated, a power source 25 wiU be llsed to inflate the cylindrical lighting structure 15. This power source 25 is likely to be a portable generator, although other sources may be used and the means to inflate will he a hlower that will force air into the interior of the light structure. The blower will be operated by the power sourcc. The power source 25 will be placed on a slidable mounting surface 51 that is placed with a solid mounting tray 50 that is attached to the frame structure 12. The feet of the power source 25 will be placed in a plurality of grooves 26 on the slidable mounting surface for that purpose and straps 27 are used to further secure the power source to the slidable mounting surface 51. A crossbar 13 is placed across the side of the frame structure so that the power source is prevented from sliding beyond that point. The sliding mount surface 51 will move such as depicted in FIG, 8 so that the power source can easily be serviced by removing the crossbar 13 and sliding the power source out for service. [n order to insure that the power source remains in one position, a means to lock 29 the power source to the sliding mount 51 is provided. A means of attachment 28 that is secured to the frame allows the means to lock 29 to be secured as an additional means to prevent the power source from being moved. http://patft.uspto.gov/netacgi/nph-Parser?Scctl =PTO 1&Sect2=HITOFF&d=PALL&p= 1... 1011 0/20 13 United States Patent: 8328377 Page 60f6 A number of means to lock the povver source may be used and a wing nut is depicted in FIG. 7a but other means are contemplated. When the device is operated, the cylindrical tube sliding structure 15 will be intlated to a predetermined height. The light that is placed in the interior of the light structure is likely to produce a great deal of heat. Consequently, a means to operate the blower separately from the light is provided. This will allow the operator to extinguish the light prior to deflation in order to dissipate some of the heat from the light and prevent human injury during the deflation process as well as prevent injury to the device. The electrical circuitry that operates the blower and the light will be constructed so that these elements will operate separately from each other. Because of the intense heat that is generated by the lamp inside the lighting structure a cool down period is recommended. The circuitry is configured so that the lamp can be turned off independent of the blower. Prior to the device being deflated the lamp can be turned off to allow the structure to cool down. Once the appropriate cooling period has occurred, the cylindrical lighting structure 15 can be deflated. A means to deflate 30 will be used and is likely to be an air vent 30 at the bottom of the light structure 15. A variety of air vents may be used and a zipper over a portion of the material for the light structure is one means to provide an air vent 30. In order to protect the air vent from damage as well as inadvertent opening, a protective flap 32 is likely to be placed over the vent. A means to open the air vent is also used and one choice would be a zipper. In some situations it may be practical to either shorten or lengthen the light structure. This may be accomplished through a series of zippers (not depicted) around the perimeter of the light structure that can secure a portion of a section of the light structure to either shorten or lengthen the vertical dimensions of the light structure. While the embodiments of the invention have been disclosed, certain modifications may be made by those skilled in the art to modifY the invention without departing from the spirit of the invention. * * * * * [¥IQ~] ~dd to ~@~ [~ J [ ii;m; J (rr--~-""""J ~;;nCftd 1 ['--!M-N-~m"""""'J [,_~-----"] http://patft.uspto.gov!netacgi/nph-Parser?Sect I =PTO 1 &Sect2=HITOFF&d=PALL&p= 1... lOll 0/20 13 il2) United States Patent Kothari (54) TE"IPORARY .\"l)I()[~ E"tERGE"CV LIGlrn:\(; SYSTE"1 WITH I:"iFL.\T,\BLE I~EARl"G STlW('TUIU<: (76) Jnvellllw 'lanish Kothat'i. Jack,;ollviIJ", FL (I.IS) :~} Nnlic!.2": SUhkC( 10 any di~cf"im'-'r, the (erm ,,!'this palelll i, extenJed or i1diu-;led under ;'5 U.S.C 154(b) by 175 days, (21) .. \ppl. No.: 12/860,2311 (22) Fikd: Aug. ZO, 2010 (5 I) Int. n. FllV.F/flf) (52) U.S. Cr. (200("Ol) '" 362196: ~62i4X6: :'62.'~63 (58) Fidd .. fClassification S..,"l·ch """""""""" ~62!96. 362;363,486,5.:12.267.278,808: 446:220 22 111111111111111111111111111111111111111111111111111111111111111111111111111 US008.1283 77B I (lO) Patent No.: US 8,328,377 B 1 !45) Date of Patent: Dec. II, 2012 ---._-------------, (56) References Cited U.S. p;\rr:C-1J' DOClfMI:,NTS S.Nt)O. 71J>~ ,\ ~.I·)')() Slt.;pht;ns il,(i Il.X26 .\ )'" L ,;.000 ('1"'\)"11 .162 '1(\1 (" l?·U)70 Bt 1.200! lakilillum d al. 6,],!2.2.W Hi II. 2{)!J I \1"di,,; 6,'l'i'i,8S'J 1>2 12.2002 Pctz! c( al. 7,,~46.t)1,1 ll2 " 72007 i hs()iin.ski .Hj2·l )6 7,2:,2AH H2 " X.20()7 (,hab ... r( 362 .)6.~ " t.:itcri by t.:xamincr 1'l'it1l11rr EXilminer Karabi Uuharay (74) .'/111)1'11(,1', :Igem, or Firm --I,awrcnt.:c) J. Clibnt.:y. Jr. (57\ ,·\BSTIUCT III urder to provide temporary lighting solutiun in sOlllctilllt.:S extrt.:me c'(lIldilion" Ihi:; <>ppli<:;J(ioll bas iinprov"d upon a prior palent by spet:iJk,rllv ineorporilting a ;tabiliLing I'Od to pror"cl agains! "xtrclll<:'ly hii1,h ""nels c)f nth"r inclcmcllt weather as we'll as declrical circuilry 1<.\ enable J -;urfkicnl CtJol dO'NIl period prinr to ~(\wing thL' dc-vice. 6 Claims, 8 [)rawing Sheets Full Text.=J US 8,328,377 Bl TEMPORARY AND/OR EMERGENCY LIGHTING SYSTEM WITH INFLATABLE BEARING STRUCTURE Manish Kothari, Jacksonville, Fla. (US) Filed on Aug. 20,2010, as Appl. No. 12/860,230. Int. CI. F2JV 33/00 (2006.01) U.S. Ct.362-96 [362/486; 36213631 .. ~ i~~;#~ "L,~)~: ~"~'" ~!] I, A temporary portable lighting structure that is comprised of: a) a light structure; wherein the light structure is ofa predetermined length; wherein the light structure has a predetermined shape; wherein a light is secured to the interior of the lighting structure; wherein the light structure can be inflated; b) a means to inflate the light structure is provided; c) a base; wherein said base supports the light structure; wherein the base has a top surface ofpredetel111ined dimensions; wherein the base is supported by frame members; wherein the base is hollow; wherein said base supports a power source; d) a stabilizing rod; wherein the stabilizing rod is used: wherein the stabilizing rod is positioned on a top surface of the base; e) a cavity for the stabilizing rod; wherein the cavity is placed on the top surface of the base; wherein a portion of the stabilizing rod is placed in the cavity; t) a rod attachment flap; wherein the rod attachment flap is placed on the lighting structure; wherein the stabilizing rod is secured to the rod attachment flap; g) a slidable mounting surface; Page I of2 r ---.-----, LPrint this page.J 6 Claims http://www.uspto.gov!web/patents!patog(week50/0G/htmll1 385-2/US08328377·20 12121... 1011 0/20 13 wherein the slidable mounting surface i~ secured to a tray for the power source; said slidable mounting surface secures the power source; said slidable mounting surface can be locked in place; wherein the tray for the power source is secured to the frame members; wherein a means to lock the slidable mounting surface is provided; h) a means to dellate the light structure; wherein the means to deflate the light structure is placed on the light stTucture; wherein a protective flap is provided over the means to deflate; i) the power source; said power source operates the means to inflate the light structure; said power source operates the light; wherein the means to inflate and a means to iltum inate operate independently of each other; j) a means to alter the length of the light structure is provided; wherein a plurality of zippers around the perimeter of portions of the light structure are provided. Page 2 of2 http://www.uspto.gov/web/patents/patog/week50/0G/htmIl1385-2/US08328377-20 12121... 10/10/2013 United States Patent: 8328377 USP'TO PATlCNT Fuu .. ll)orrAND IMAGe: DATABASI L~~JL_,~~~i~~L~~~~JL_~ __ ] [ B!tt~ml ~"--YR-~w-_~-~'""""\; ~r-W~~-&m""""'~ [im;;;;~ ] Page 1 of6 ( I of t ) United States Patent Kothari 8,328,377 December 11,2012 Temporary and/or emergency lighting system with inflatable bearing structure Abstract In order to provide temporary lighting solution in sometimes extreme conditions, this application has improved upon a prior patent by specifically incorporating a stabilizing rod to protect against extremely high winds or other inclement weather as well as electrical circuitry to enable a sufficient cool down period prior to stowing the device. Inventors: Kothari; Manish (Jacksonville, FL) Appl. No.: 12/860,230 Filed: August 20,2010 Current U.S. Class: Current International Class: Field of Search: 5_~9J)193 6012826 Ql14070 6322230 6499859 7246913 7252414 362/96 ; 362/363; 362/486 F21 V 33100 (20060101) 362/96,363,486,542,267,278,808 446/220 References Cited IReferenced Byl U.S. Patent Documents April 1999 January 2000 January 2001 November 2001 December 2002 July 2007 August 2007 Stephens Chabert Takamura et al. Medici Petzl et al. Ossolinski Chabert http://patft.uspto.gov/netacgi/nph-Parser?Sectl=PTOl&Sect2=HITOFF&d=PALL&p=1...10/l 0/2013 United States Patent: 8328377 Page 3 of6 This relates to portable sources of light. particularly light that needs to be spread over a wide range, but only on a temporary basis. The device can be used in a variety of environments and is expected to be subjected to extremes in conditions. B. Prior Art There is one other prior art reference that is closely related to the current application and is found at Medici, U.S. Pat. No. 6,322,130. This current patent application improves on the Medici patent by adding a guiding or stabilizing rod to insure that the light source remains constantly in place and prevents the swaying of the light during windy conditions. The Medici patent uses a plurality of guide wires to stabilize the light source but that in turn requires a great deal of surface area in which to deploy the device. At times this surface area is simply not available. Additionally the means to deflate the device has been improved as well as an improvement in the circuitry in the present application. None of the improvements were contemplated by the original patent. BRIEF SUMMARY OF THE INVENTION This device is used for temporary lighting needs. This may be done in open fields at night, on ships at sea, or at events such as outdoor weddings and banquets. The light will be placed inside a long cylindrical tube that is inflatable. When the device is not used the tube is deflated and the tube is rolled up and stored on the unit. The structure will be comprised of a base structure that has a top surface and a series of other supporting members. Under the top surface an area will be provided to house a power source that will be used to inflate the tube and activate the light within the tube during normal operation. In order to make the device as user friendly as possible and to access the power source, which is likely to be a portable generator, a slidable mounting unit is placed on the structure. On the top surface of the base structure will be mounted a cylindrical tube that houses the light and can be inflated to produce a light source. When the device is not used the tube with the light source can be easily folded and stowed. On the top surface of the device will be the inflatable lighting structure. [n operation, the power source will inflate the light structure. One of the challenges in the prior art reference was that. because of the length or height of the light structure, the cylindrical tube may be subject to high winds, making the device unstable and impractical to use. In the prior art reference a plurality of guide wires were contemplated to stabilize the device. This however proves to be impracticable in the field because of the area that is required to secure the wires to the ground surface. A stabilizing rod that is secured to the top surface of the base structure will attach to a portion of the int1atable light structure or tube. More than one stabilizing rod may be used with this device to http://patft.uspto.gov/netacgi/nph-Parser?Sectl =PTO 1 &Sect2=HITOFF&d=PALL&p= 1... 1011 0/20 13 United States Patent: 8328377 Page 5 of6 This device is intended to be a portable light source. This device may be used in extreme conditions either on land or at sea. It is designed to provide sufficient lighting during times of extreme conditions. The device 5 will be comprised of a base member lOon top of which is mounted an inflatable light structure 15, which is likely to be opaque in order to provide the necessary amount of lighting for any given condition. The light structure 15 will of a predetermined height or length and likely cylindrical and different lengths may be used. The light structure 15 is likely to be of a synthetic material, although a variety of other materials may be used. In the light structure 15 will be a light (not depicted) secured to the interior of the tube. The tube should be able to withstand extreme conditions and should be strong enough for those conditions. Although many different materials may be used for the light structure and no specific material is being claimed, the primary considerations for the choice of material are the ability to withstand outdoor weather conditions and provide an adequate lighting area. In order to stabilize the lighting structure, particularly during windy conditions, a rod attachment flap 22 will be positioned on the side of the light structure 15. This rod attachment flap 22 will be secured to a stabilizing rod 20. Many different methods may be used to attach the stabilizing rod 20 to the rod attachment flap and no one method is being claimed. The stabilizing rod will be parallel to the lighting structure 15 and will provide a means to maintain the essentially vertical shape of the light structure during normal use. One end of the stabilizing rod will be placed in a cavity 21 on the top surface 11 of the base 10. Although in FIG. 1, only one rod attachment flap 22 is depicted, more than one rod attachment flap and stabilizing rod may be used. When the device is operated, a power source 25 will be used to inflate the cylindrical lighting structure 15. This power source 25 is likely to be a portable generator, although other sources may be used and the means to inflate will he a hlower that will force air into the interior of the light structure. The blower will be operated by the power source. The power source 25 will be placed on a slidable mounting surface 51 that is placed with a solid mounting tray 50 that is attached to the frame structure 12. The feet of the power source 25 will be placed in a plurality of grooves 26 on the slidable mounting surface for that purpose and straps 27 are used to further secure the power source to the slidable mounting surface 51. A crossbar 13 is placed across the side of the frame structure so that the power source is prevented from sliding beyond that point. The sliding mount surface 51 will move such as depicted in FIG. 8 so that the power source can easily be serviced by removing the crossbar 13 and sliding the power source out for service. In order to insure that the power source remains in one position, a means to lock 29 the power source to the sliding mount 51 is provided. A means of attachment 28 that is secured to the frame allows the means to lock 29 to be secured as an additional means to prevent the power source from being moved. http://patft.uspto.gov!netacgi/nph-Parser?Sectl =PTO 1 &Sect2=HITOFF&d=P ALL&p= 1... 1011 0/20 13 i 12.1 United States Patent Kothari (54) TE"IPORA{{Y A:'\f)/OR i,;,nmcr,;:-.;cY LJ(;\·ITI:,\(; SYSTE"1 WITn C\l'i..\T,\BLE UE.\RI:'\G STlW( 'TV RE (76) Inventor: 'Ianish KothaI"i. J"c!,:;ollvillc. FL II.IS) ") N!llic:~: SlIhkC( 10 any dis<.:iaimer, Ihc term "I'rhis palclIl is extended or ildjll';led lInder ~5 u.se \54(b) by 37 5 days. (21 'J .'\l'pl. No.: 12/860.230 (22) Fil0d: Aug. 20, 20 I {) 151) lilt. n. n I V 33/(/f} (20()(i, 0 I ,I (52) U,S. CI.. .. '62/96: }(i2i4X6: :'>62:163 (58) Fidd nfClassilicatron Seat'ch .................... 162.196. 362!363. 41\(,. 542. 267, 278, 80g: 446;220 See application tHe ti:i!' ('ulllplete s~m'ch history. 1/111111111111111111111111111111111111111111111111111111111I1I1III111IIIII1 US0083283 77B 1 (10) Patent No.: US 8,328,377 B 1 (45) Date of Patent: Dec. 11,2012 (56) References Cited US 1>:\1"1 :NT nOCI fMI'.NTS 5.~')O,7iJ.~ ,\ ·\.I'!')') Sh.::ph~ll:; h,D I LX2() .\ >!<' L ,;OCJO C!",I",,1 ~62·1()'.; G. I74.()7() III 1.2001 I akamunt ..;( aJ. (),.')2.2.230 HI II.!OOI .\1\'!(n~i 6,ql)9.g<9 B2 !22002 Pctzl ot:lL 7 .. ~,1(1<~) U 112 ., 72007 ( hsotinsk'i )(i<~ ')() 7,2:'2,4 H H2·' K20()7 Chal)!:rl 1(\2 3(1.~ ;;.t cited by ~:<anliner Prima!',;: Examiner Karabi Uuiwray (74) AI/orne!', AgeJ1l. or Firm _. I.Jwrcnc;", J (jib""" . .Ir. (';7) .·\I~STlUCT III urder to provide temporary lighting. solutiun in slHm:tim0$ extreme c:nntiiliolls, tbis "pplie~ti()11 bas improved upon a prior pHlen\ by spe,ir-i<':'lllv in<.:orp0f<lling J stabilizing. rod 10 pmr<!cr against <!xtn:lll<'iy higJ. winds ur other inck!l10111 we,Hher as welt as electrical circtl(rry It) t:l)(lbk a ,>uflkient <':,)01 dowll peri<,,1 pri,)!·t" ';;lowing the dcvi..:e. 6 Claims, 8 Drawing Sheets Full Text US 8,328,377 B I TEMPORARY AND/OR EMERGENCY LIGHTING SYSTEM WITH INFLATABLE BEARING STRUCTURE Manish Kothari, Jacksonville, Fla. (US) Filed on Aug. 20,2010, as Appl. No. 12/860,230. Int. CI. F2lV 33/00 (2006.01) U.S. CI. 362-96 [362/486; 3621363] ( "; ;6t~;;#j !~ I. A temporary pOltable lighting structure that is comprised of: a) a light structure; wherein the light structure is of a predetermined length; wherein the light structure has a predetermined shape; wherein a light is secured to the interior of the lighting structure; wherein the light structure can be inflated; b) a means to inflate the light structure is provided; c) a base; wherein said base supports the light structure; wherein the base has a top surface ofpredetem1ined dimensions; wherein the base is supported by frame members; wherein the base is hollow; wherein said base supports a power source; d) a stabilizing rod; wherein the stabilizing rod is used; wherein the stabilizing rod is positioned on a top surface of the base; e) a cavity for the stabilizing rod; wherein the cavity is placed on the top surface of the base; wherein a portion of the stabilizing rod is placed in the cavity; t) a rod attachment flap; wherein the rod attachment flap is placed on the lighting structure; wherein the stabilizing rod is secured to the rod attachment tlap; g) it slidable mouIlting surface; Page 1 of2 6 Claims http://www.uspto.gov!web/patents!patog!week50/0G/htmll13 85-2/US083283 77-2012121... 1011 0/20 13 16 • Guide tu Equitable Sharing VIII. What Are the Uses of Equitably Shared Property? A. Law enforcement uses Except as noted in this Guide, equitably shared funds shall be used by law enforcement agencies for law enforcement purposes only. Subject to laws, rules, regulations, and orders of the state or local juris- diction governing the use of public funds available for law enforcement purposes, the expenses noted below are pre-approved as permissible uses of shared funds and property. To avoid a conflict of interest or the appearance of a conflict of interest, any employee of any federal, state, or local governmental agency (or members of his or her immediate family or those residing in his or her household) who was involved in the investigation which led to the forfeiture of the prop- erty to be sold by the USMS contractor is prohibited from purchasing, either directly or indirectly, forfeited property. Additionally, Department of Justice employees and contractors may not, without prior written approval of a designated agency official, directly or indirectly purchase property that has been forfeited to the United States; or personally use such property that has been directly or indirectly purchased from the United States by a member of his or her immediate family. The fact that shared property was forfeited as a result of a particular federal violation does not limit its use. For example, when an agency receives a share of property that was forfeited for a federal drug violation, the recipient is not limited in its use of the property in the recipient agency's drug enforce- ment program. Among the following uses, priority should be given to supporting community policing activities, training, and law enforcement operations: 1. Permissible uses a. Law enforcement investigations-the support of investigations and operations that may result in furthering the law enforcement goals and mission, e.g., payment of overtime for officers and investigators; payments to informants; "buy," "flash," or reward money; and the purchase of evidence. b. Law enforcement training-the training of officers, investigators, prosecutors, and law enforcement support personnel in any area that is necessary to perform official law enforcement duties. Priority consideration should be given to training in: (1) asset forfeiture in general (statutory requirements, policies, procedures, case law); (2) the Fourth Amendment (search and seizure, probable cause, drafting affidavits, confidential informant reliability); (3) ethics and the National Code of Professional Conduct for Asset Forfeiture,16 (4) due process; (5) protecting the rights of innocent third parties (individuals and lienholders); (6) use of computers and other equipment in support of law enforcement duties; and (7) this Guide. c. Law enforcement and detention facilities-the costs associated with the purchase, lease, construction, expansion, improvement, or operation of law enforcement or detention facilities used or managed by the recipient agency. For example, the costs of leasing, 16 See Appendix B for a copy of the National Code of Professional Conduct for Asset Forfeiture. Guide to Equitable Sharing. 17 operating, and furnishing an off-site undercover narcotics facility is a permissible use of shared funds. Capital improvements should not be made on leased property or space since the law enforcement agency will not benefit from the improvements upon termination of the lease; improvement costs are generally covered in the terms of the lease. Approval from AFMLS is required prior to making such capital expenditures. d. Law enforcement equipment-the costs associated with the purchase, lease, maintenance, or operation of law enforcement equipment for use by law enforcement personnel that supports law enforcement activities. For example, 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, and vehicles (e.g., patrol cars and surveillance vehicles). e. Law enforcement travel and transportation-the 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 agency's state per diem and must not create the appearance of extravagance or impropriety. f. Law enforcement awards and memorials-the cost of award plaques and certificates for law enforcement personnel, provided that the plaque or certificate is in recognition of a law enforcement achievement, activity, or the completion of law enforcement training, and the cost does not create the appearance of extravagance or impropriety. Shared funds may not be used to pay cash awards. Shared funds may be used to pay the costs for modest commemorative plaques, displays, or memorials that serve to recognize or memorialize a law enforcement officer's contributions, such as a memorial plaque or stone at a police department facility in honor of officers killed in the line of duty. g. Drug and gang education and awareness programs-the costs associated with conducting drug or gang education and awareness programs by law enforcement agencies. Such costs include meeting costs, anti-drug abuse literature costs, travel expenses, and salaries for officers working in a drug education program such as DARE. h. Matching funds-the costs associated with paying a state or local law enforcement agency's matching contribution or share in a federal grant program, provided that the grant funds are used for a permissible law enforcement purpose in accordance with this Guide or where such use is authorized by federal law. i. Pro rata funding-a law enforcement agency's percentage of the costs associated with supporting multi-agency items or facilities. For example, if a town purchases a new computerized payroll system, and the police department payroll represents 20 percent of the total use of the payroll system, then the police department may use shared money to fund its pro rata share (20 percent) of the operating and maintenance expenses of the system. 18 • Guide to Equitable Sharing j. Asset accounting and tracking-the costs associated with the accounting, auditing, and tracking of expenditures for federally shared cash, proceeds, and tangible property. For example, the use of shared funds to pay the fees associated with the contracting of a bookkeeper is permissible. The OMB Single Audit Act requires any agency that expends more than $500,000 in federal funds in an agency's fiscal year to complete an external audit. The use of forfeiture funds to perform this audit is permissible. k. Language assistance services-In connection with their law enforcement activities and operations, recipient agencies are encouraged to consider the need for language services for persons with limited English proficiency and, consistent with the provisions of this Guide, may use shared funds to provide such services. Examples of such permissible uses include the costs of language training for law enforcement personnel and 911 operators, contracting for interpretation services, and printing law enforcement documents in foreign languages. 1. Transfers to other law enforcement agencies-Cash transfers of shared funds from one state or local law enforcement agency to another are permitted. In order to receive a cash transfer of shared funds, the law enforcement agency must be in compliance with the Agreement, Certification and Audit provisions of this Guide (see part X). All cash transfers must be used in accordance with the permissible use provisions of this Guide. The agency transferring the funds is responsible for verifying that the recipient agency is eligible to receive sharing. The transfer must be reported on the Equitable Sharing Agreement and Certification form filed by both the donor and recipient agencies. m. Support of community-based programs-A state or local law enforcement agency or prosecutor's office may use up to 15 percent of the total of shared monies received by that agency in the last two fiscal years for the costs associated with drug abuse treatment, drug and crime prevention education, housing and job skills programs, or other nonprofit community-based programs or activities that are formally approved by the chief law enforcement officer (e.g., chief, sheriff, prosecutor). All expenditures must be supportive of and consistent with a law enforcement effort, policy, and/or initiative. Cash transfers to community-based programs are not permitted. State and local law enforcement agencies are prohibited from making cash transfers or donations to support community-based programs. Instead, agencies may directly purchase supplies, equipment, and/or services for eligible community-based programs, or reimburse such programs for eligible expenditures with a valid, itemized receipt. See Appendix C for guidelines to determine a community-based program's eligibility. n. Windfall situations-Where the total amount of federal equitable sharing received within one fiscal year represents over 25 percent of a state or local law enforcement agency's annual budget, recipient agencies may utilize the amount over 25 percent to provide additional support to community-based programs as referenced in letter m above. For eu ide to Equitable Sharing. 19 example, if an agency's annual appropriated budget is $1 million and the agency receives a total of $300,000 in equitable sharing funds during the fiscal year, the amount above $250,000 (25 percent of the agency's budget), or $50,000, is considered a "windfall." The agency, in its discretion, may use all or part of this money in addition to the 15 percent permitted under section m above. In windfall situations, AFMLS may require additional auditing and/or reporting regarding the agency's handling and expenditure of funds. 2. Impermissible uses a. Salaries-Equitable sharing monies may not be used to pay the salaries and benefits of current, permanent law enforcement personnel, except in limited circumstances. The purpose of this rule is to protect the integrity of the asset forfeiture and equitable sharing programs so that the prospect of receiving equitable sharing monies does not influence, or appear to influence, law enforcement decisions. Exception: Equitable sharing funds may be used to pay the salaries and benefits of law enforcement officers in the following limited situations: (1) Express statutory authorization-When federal law expressly permits state and local law enforcement agencies to use equitably shared funds to pay the salaries and benefits of local law enforcement officers or as matching funds in federal grant programs, such use is permissible. For example, the Community Oriented Policing Services (COPS) program established by the Violent Crime Control and Law Enforcement Act of 1994, allows state and local law enforcement agencies to use equitably shared funds to meet the local match requirements of that program, including grants for salaries and benefits. (2) Overtime of officers and investigators-Shared funds may be used to pay the overtime of officers and investigators involved in law enforcement operations. This policy is applicable to all officers and is not limited to those working on drug-related investigations. (3) New positions and temporary or not-to-exceed one year appointments-Shared funds may be used to pay the first year's salary and benefits of an individual hired for a new sworn law enforcement position that supplements the current law enforcement work force. After the first year, the salary and benefits for that position must be paid entirely from the agency's appropriated funds. Shared funds may also be used to pay the salaries of temporary (less than one year) positions or not-to-exceed one year appointments. This exception applies strictly to sworn law enforcement positions. Shared funds may not be used to provide funding for unsworn, support personnel (e.g., administrative, secretarial, or clerical positions). 20 • Guide to Equitable Sharing (4) Salary of an officer hired to replace an officer assigned to a task force -When a law enforcement agency assigns a law enforcement officer to a task force 17 for a period of at least one year or the life of the task force and hires a new law enforcement officer to replace the officer so assigned, the agency may pay the salary and benefits of the replacement officer from equitably shared funds so long as the replacement officer does not engage in the seizure of assets or narcotics law enforcement as a principal duty.18 A principal duty is a duty that the officer is expected to perform regularly. In order to pay the replacement officer's salary with equitably shared funds, the task force must be a law enforcement entity constituted under federal, state, or local law that is primarily engaged in specific and targeted law enforcement activities involving more than one law enforcement agency. In addition, the chief administrative officer of the law enforcement agency assigning an officer must not maintain direct day-to-day operational control of the task force although he or she may participate in the policy-level control of such task force. When a law enforcement agency has assigned an officer and paid for the replacement as specified above, and it becomes necessary to return the officer from the task force, the law enforcement agency may continue to use forfeited funds to pay for the salary and benefits of the replacement officer for a period not to exceed six months.19 (5) Specialized programs-A law enforcement agency may pay the salary and benefits of a law enforcement officer assigned to specific approved specialized programs which do not generally involve traditional law enforcement functions. Officers assigned to programs such as DARE do not routinely perform narcotics law enforcement or seizure duties. Accordingly, there is little risk that their conduct will actually influence law enforcement priorities or create a conflict of interest. b. Use of forfeited property by non-law enforcement personnel-Non-law enforcement agency personnel are not permitted to use shared vehicles, forfeited property, or items purchased with shared funds. 17 For example, groups of state and local law enforcement agencies frequently establish separate units under the command of an experienced officer. All assigned agents have fuUlaw enforcement power within the combined area of the constituent agencies. The chief of police of anyone constituent agency does not exercise day-to-day individual command authority over the task force but may sit as a member of a Steering Committee, Board of Directors, or other supervisOly authority which sets general task force policies. 18 For example, Officer Y is assigned to a task force. The agency may then hire Officer Z and may pay Officer Z's salary from asset forfeiture funds. Officer Z may not be assigned to a narcotics unit and he may not be assigned to a unit that identifies assets for seizure. If during Officer Z's routine patrol duties, he stops a vehicle found to contain narcotics and cash, the agency may continue to pay Officer Z's salary from asset forfeiture ftmds. 19 This provision is designed to afford law enforcement agencies the opportunity to rearrange staffing assignments without suffering severe financial hardships and also recognizes that the hiring process can take time. Guide to Equitable Sharing _ 21 c. Payment of education-related costs-Shared funds may not be used for scholarships, financial aid, or non-law enforcement classes. Only tuition for law enforcement classes necessary to the performance of an officer's official duties is permitted. d. Uses contrary to the laws of the state or local jurisdiction-Shared funds and property may not be used for any purpose that would constitute an illegal or improper use of state or local law enforcement funds or property under the laws, rules, regulations, and orders of the state or local jurisdiction of which the agency is a part. e. Non-official government use of shared assets-Any use that creates the appearance that shared funds are being used for political or personal purposes is not permitted. For example, the use of shared funds for a sheriff's campaign paraphernalia is impermissible. f. Purchase of food and beverages-Shared funds generally may not be used to pay for food and beverages (alcoholic and non-alcoholic) for consumption by law enforcement personnel or their guests, except for the limited circumstances listed below: (1) Conference package policy-Shared funds may be used to purchase food and beverages provided as part of a conference package. For example, a hotel provides complimentary coffee and bagels for breakfast with the rental of its conference room for an authorized training event. The same conference package rule applies to food or beverages served at a banquet or party to recognize law enforcement achievements. (2) Meals during local operations-Shared funds may also be used to purchase food and beverages if state or local law or rules governing reimbursement of expenses permit officers to be reimbursed for such expenses, e.g., meals purchased while an officer is on official travel, attending a training conference, or engaged in a disaster operation, such as earthquake or hurricane relief. g. Extravagant expenditures-Receiving agencies should use federal sharing monies prudently and in such a manner as to avoid any appearance of extravagance, waste, or impropriety. For example, tickets to social events, hospitality suites at conferences, or meals outside of the per diem are impermissible uses of shared funds. 3. General guidance concerning use a. Windfall situation-In a windfall situation, where an agency receives equitable sharing funds totaling more than 25 percent of its budget in a fiscal year, the agency may be subject to additional audit and reporting requirements. b. Use of interest income-Interest earned on forfeited cash or proceeds must be deposited into the agency's equitable sharing revenue account and used for law enforcement purposes and is subject to the same use restrictions as shared cash or proceeds. 22 • Guide to Equitable Sharing c. Anticipated shared property should not be budgeted-Agencies should not "spend it before you get it" or budget anticipated receipts. Receiving agencies may not commit to the spending of sharing monies for a certain purpose in advance. For example, if a local law enforcement agency files a Form DAG-71 to request a 50 percent share of $100,000, the $50,000 should not be obligated or budgeted for two reasons: (1) the completion of the forfeiture is uncertain; and (2) the amount of the sharing that will ultimately be approved is also uncertain. d. Shared monies should not be retained unnecessarily-Shared monies normally should be expended for their designated use or other permissible law enforcement purpose as they are received. Shared monies may be retained in a holding account for up to three years to satisfy future needs or retained longer for major long-term expenditures such as capital improvements. e. Use of proceeds from sale of shared property-Proceeds from the sale of shared property, facilities, equipment, and other items acquired with shared funds must be deposited into the agency's equitable sharing revenue account and are subject to the same permissible use restrictions and reporting requirements as shared cash or proceeds, in accordance with the provisions of this Guide. B. Increase and not replace Sharing must be used to increase or supplement the resources of the receiving state or local law enforcement agency or any other ultimate recipient agency. Shared resources shall not be used to replace or supplant the appropriated resources of the recipient. The recipient agency must benefit directly from the sharing. In determining whether supplantation has occurred, the Department of Justice will examine the law enforcement agency's budget as a whole and allow agencies to use equita- ble sharing funds for any permissible purpose as long as shared funds increase the entire law enforce- ment budget. The Department of Justice may terminate sharing with law enforcement agencies that are not permitted by their governing authorities to benefit directly from equitable sharing. Example of Improper Supplantation: A police department receives $100,000 in federal sharing money only to have its budget cut $100,000 by the city council. In this instance, the police department has received no direct benefit from equitable sharing whatsoever. Rather, the city as a whole has received the benefit of the sharing. C. Transfer of forfeited real property The transfer of federally forfeited real property is permitted only in the following three situations: 1. Through the equitable sharing process, real property may be transferred to a state or local agency which substantially participated in the investigation that led to the seizure of the property. The agency must demonstrate a compelling law enforcement need for the property and outline its intended use on the DAG-71 form. The agency must also sign a memorandum of understanding with regard to the use of the property and agree to pay any federal costs! expenses as well as the federal share before the transfer will be approved.