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Res No 012-24-16117RESOLUTION NO. 012-24-16117 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF THREE NEW FITNESS EQUIPMENT MACHINES AT GIBSON-BETHEL COMMUNITY CENTER FROM CENTURION PARTNERS HEAL TH AND FITNESS, LLC DBA FITNESSMITH IN AN AMOUNT NOT TO EXCEED $11,241.58; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami (the "City") is in need of three (3) new fitness equipment machines to update and replace outdated machines, including a treadmill, leg extension/curl machine, and chest press machine (collectively, the "Equipment") for the Gibson- Bethel Community Center; and WHEREAS, given the age of the equipment, inconsistent resistance levels, and overall wear and tear of the machines, it is recommended to replace them with newer models for both functional and aesthetic purposes; and WHEREAS, the purchase contemplated by the City has been competitively bid by the Broward County School Board, which has entered into Contract Number: FY 22-128 with Centurion Partners Health and Fitness, LLC dba Fitnessmith (the "Vendor''); and WHEREAS, Article ill, Section S(H) of the City Charter provides that the City may make purchases through other governmental agencies that have followed similar bidding procedures; and WHEREAS, the Vendor has provided a quote for the Equipment, attached hereto as Exhibit "A", in an amount of $10,741.58 (the "Quote''); and WHEREAS, the City Commission desires to approve the purchase of the Equipment and authorize the City Manager to purchase the Equipment from the Vendor in an amount not to exceed $11,241.58, inclusive of a $500 contingency for any unforeseen circumstances; and WHEREAS, the cost of the Equipment shall be charged to Capital Improvement Fund Account Number 301-2020-572-6450, which has a current fund balance of $125,000, or other funding source as determined by the City Manager to be in the best interest of the City; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Page 1 of2 Res. No. 012-24-16117 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Approval and Authorization. The City Commission hereby approves the purchase of the Equipment from the Vendor in an amount not to exceed $11,241.58, inclusive of a $500 contingency for any unforeseen circumstances, consistent with the Quote, subject to the issuance of a purchase order or execution of an agreement acceptable in form and substance to the City Manager and City Attorney. The City Manager is authorized\ to expend funds for such purpose. The expenditure will be charged to Capital Improvement Fund Account Number 301- 2020-572-6450, which bas a current fund balance of $125,000, or other funding source as determined by the City Manager to be in the best interest of the City Section 3. Implementation. The City Manager is hereby authorized to take all actions necessary to implement the purposes and intent of this Resolution. Section 4. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 5. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 6111 day ofFebruaty. 2023 . ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF #-- WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. CITY ATTORNEY APPROVED: ~ AYOR COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: Commissioner Corey: Page 2 of2 5-0 Yea Yea Yea Yea Yea Agenda Item No:4. City Commission Agenda Item Report Meeting Date: February 6, 2024 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF THREE NEW FITNESS EQUIPMENT MACHINES AT GIBSON-BETHEL COMMUNITY CENTER FROM CENTURION PARTNERS HEALTH AND FITNESS, LLC DBA FITNESSMITH IN AN AMOUNT NOT TO EXCEED $11,241.58; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS & RECREATION DEPT.) Suggested Action: Attachments: Memo-GBCC_Fitness_Equipment.docx 4845562-Resolution Approving Purchase of Fitness Equipment for Gibson-Bethel Community Center.docx Exhibit A-Proposal.pdf Co-Op Agreement-Broward County School Board Contract.pdf SUNBIZ Centurion.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:Tuesday, February 6, 2024 SUBJECT:Procure new fitness equipment machines at the Gibson-Bethel Community Center ($10,741.58). RECOMMENDATION:Approve the purchase and installation of three (3) new fitness equipment machines in the amount of $10,741.58 for the purpose of updating outdated fitness equipment at the Gibson-Bethel Community Center. BACKGROUND:Staff outlined a five-year plan in the adopted capital and operating budget to replace fitness equipment at the Gibson-Bethel Community Center. Regular replacement ensures that the facility maintains modern and efficient equipment,helps to meet safety and compliance requirements, and enhances user satisfaction. City staff and Fitnessmith, the vendor responsible for servicing our fitness equipment, have assessed the current state of the treadmill, leg extension/curl machine, and chest press machine.Given the age (8 years), inconsistent resistance levels and overall wear and tear of the machines, it is recommended to replace them with newer models for both functional and aesthetic purposes.The proposed equipment from Fitnessmith comes with a 10-year structural, five (5) year motor, 2-year parts, and 1-year warranty. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The City budgeted $10,000 for this project. Project lead time is estimated at ten (10) to twelve (12) weeks from the issuance of a purchase order to the vendor. CO-OP AGREEMENT:The City desires to piggyback on the Broward County School BoardContract #FY22-128 to procure the treadmill, leg extension/curl machine, and chest press machine under the terms and conditions as set forth in the solicitation agreement between the Broward County School Board and Fitnessmith. VENDOR &EXPENSE:Centurion Partners Health and Fitness, LLC dba Fitnessmith The total expenditure in the amount of $10,741.58 includes new fitness equipment, estimated shipping, installation, and materials. A contingency in the amount of $500 will be added for any unforeseen conditions such as higher shipping costs. ACCOUNT:Capital Improvement Fund, account number 301-2020-572-6450, which has a balance of $125,000 before this request was made. ATTACHMENTS:Resolution Exhibit A-Fitness Equipment Quotation Broward County School Board Piggyback Agreement Sunbiz – Centurion Partners Health and Fitness, LLC dba Fitnessmith 3 Exhibit A FITNESSMITH PROPOSAL 6 7 S SERIES Designed specifically for those looking for solid, commercial-quality operation at an exceptional value, our S Series doesn’t cut corners. Featuring all of Star Trac’s popular user-focused features like adjustable personal fans, easy-up and wrap-around seat adjusts and dual-platform pedals, the S Series gives you many of the features you’d never expect to find for the price. And then it goes beyond with components like our large LED display with oversized buttons and text, providing the easiest and most intuitive operation available. S-TRC TREADMILL BASE FEATURES DECK SYSTEM Reversible MDF deck with phenolic coating RUNNING BELT SYSTEM 22in (55cm) wide belt SIZE OF RUNNING SURFACE 60in x 22in (152cm x 55cm) ABSORPTION SYSTEM Triple cell cushioning system provides maximum shock absorption making the entire deck a sweet spot STEP UP HEIGHT 7in (25.4cm) INCLINE RANGE 0-15% max incline SPEED RANGE 0.5-12.5mph (0.5-20kmh) HEART RATE MEASUREMENT SYSTEM Telemetry and contact HR CENTER CONTROLS BAR Warm bar with contact HR and Emergency Stop DISPLAY LED USER DETECT SYSTEM Yes, programmable on/off ACCESSORIES Multiple bottle and accessory holders, pre-wired for PVS entertainment MAX USER WEIGHT 500lb (227kg) DRIVE SYSTEM 5 HP AC motor ELECTRICAL REQUIREMENTS 110V/20 Amp dedicated circuit with NEMA 5-20 outlet; or 220V/15 Amp dedicated circuit with NEMA 6-15 outlet ADDITIONAL FEATURES 3.5in rollers FRAME MATERIAL Powder Coated Steel Frame CUSTOMIZABLE Paint color options approval required STANDARD COLOR OPTIONS Matte Black (-60) LENGTH 81in (206cm) WIDTH 32in (81cm) HEIGHT 58in (147cm) NET WEIGHT 381lbs (173kg) SHIPPING DIMENSIONS 84in x 36in x 23in (214cm x 91cm x 58cm) SHIPPING WEIGHT 459lbs (208kg) ADDITIONAL SKUS 9-3581-KUSAP0 9-3582-KOCEP0 IE S solid, l value, of Star ustable adjusts u many e price. ur large oviding e. BASE FEATURES 8 INSTINCT Instinct Strength is a full line of intuitive machines, benchs and racks with easy adjustments, offering users a quick and complete workout. Perfectly suited to be a basic strength line or circuit system, Instinct effectively complements more specialized lines. The versatility of Instinct’s small footprint also lets you get the most from minimal space and is offersed in both single and dual function units to meet the needs of any space or facility. corehealthandfitness.com LOCK N LOAD® WEIGHT SELECTION DUAL USE MACHINES Selecting a weight with the intuitive Lock N Load design is as easy as flicking a switch. Universally color coded switches engage and disengage the weight via an internal pin, providing a safer, more durable and maintenance free operation. Lock N Load prevents unnecessary maintenance headaches since there are no pins to lose or replace. The versatile dual purpose machines from Nautilus Instinct have a modest footprint and allow you to switch between two different exercises with a simple adjustment. This is ideal for smaller facilities, giving them the ability to fit a full fitness circuit in a much smaller space. CHEST PRESS 9NL-S2100 W 28 IN (71 CM) L 49 IN (124 CM) H 55 IN (140 CM) STACK WEIGHT 235 LB (107 KG) OVERALL WEIGHT 427 (194 KG) SHIPPING WEIGHT 474 (215 KG) 9 Core Health & Fitness is more than gym equipment, we offer innovative solutions for all your facility needs. This is why we’ve brought together ﬁ ve of the most recognizable ﬁ tness brands to ensure our customers can offer their members authentic ﬁ tness experiences. Whether working with us directly or through our partners and distributors worldwide, we provide the highest quality equipment backed by a service and support team that will always go the extra mile to get you what you need, when you need it. Partner with us and see how our Core Values motivate our every decision. ©2020 Core Health & Fitness LLC. All rights reserved. Star Trac, the Star Trac logo and StairMaster are registered trademarks of Core Health & Fitness, LLC. Schwinn and Nautilus are registered trademarks of Nautilus Inc. used under license to Core Health & Fitness LLC. Throwdown is a registered trademark of Throwdown Industries, LLC. ADJUSTMENTS & MOVEMENTS USER DEFINED RANGE OF MOTION Fixed path ASSISTED ADJUSTMENTS Gravity assisted seat bottom COLOR CODED PIVOT POINTS AND ADJUSTMENTS Yes on all units UNILATERAL OR BILATERAL MOVEMENT Possible if user uses one handle at a time CONVERGING OR DIVERGING MOVEMENTS Linear motion PULLEY RATIO 1:1 FRAME SPECIFICATIONS & CABLE INFORMATION STANDARD FRAME COLOR OPTIONS Silver, White, Black STANDARD UPHOLSTERY COLOR OPTIONS Dove Gray, Black FRAME FINISH Electrostatic Powder coating CUSTOMIZABLE PAINT OPTIONS AVAILABLE Yes with additional fees and extended lead times CUSTOMIZABLE UPHOLSTERY OPTIONS AVAILABLE Yes with additional fees and extended lead times CUSTOMIZABLE BRANDING OPTIONS AVAILABLE Yes with additional fees and extended lead times CABLE VS. BELT DRIVEN TRANSMISSION Belt BOLT DOWN LOCATIONS DEFINED Yes INTEGRATED LEVELING SYSTEM No, rubber feet for ﬂ oor protection HARDWARE TYPE Hex / Button Head TUBBING STYLE & THICKNESS Modern blend of square and round tubing. Most are 3 or 2.5mm / 11 ga USER SPECIFIC INFORMATION STATIC PLACARDS Yes, simple and intuitive placard MULTI-LANGUAGE PLACARDS OPTIONS AVAILABLE Large and graphical, limited text to eliminate translation requirements ANIMATED LENTICULAR No SAFETY CATCH & STOPS N/A WATER BOTTLE HOLDER No PHONE HOLDER No GRIP SPECIFICATIONS Rubber, large grips for pushing, smaller grips for pulling. FOOT PLATFORM N/A CONTOURED PADS No, removable wear strap for extended upholstery life RESTRAINT SYSTEM N/A WEIGHT STACK SPECIFICATIONS TOTAL STACK WEIGHT 235 LB (107 KG) INCREMENTAL WEIGHT SYSTEM 5/10/15, 235 WEIGHT STACK TOWER HEIGHT 55 in (140 cm) PLATE LOADED N/A WEIGHT STORAGE SOLUTION N/A LNL TECHNOLOGY Yes ADD-ON RESISTANCE AVAILABLE No WEIGHT STACK SHROUD SPECIFICATIONS Transparent, smoked plexiglass inside and outside shrouds 10 INSTINCT Instinct Strength is a full line of intuitive machines, benchs and racks with easy adjustments, offering users a quick and complete workout. Perfectly suited to be a basic strength line or circuit system, Instinct effectively complements more specialized lines. The versatility of Instinct’s small footprint also lets you get the most from minimal space and is offersed in both single and dual function units to meet the needs of any space or facility. corehealthandfitness.com LOCK N LOAD® WEIGHT SELECTION DUAL USE MACHINES Selecting a weight with the intuitive Lock N Load design is as easy as flicking a switch. Universally color coded switches engage and disengage the weight via an internal pin, providing a safer, more durable and maintenance free operation. Lock N Load prevents unnecessary maintenance headaches since there are no pins to lose or replace. The versatile dual purpose machines from Nautilus Instinct have a modest footprint and allow you to switch between two different exercises with a simple adjustment. This is ideal for smaller facilities, giving them the ability to fit a full fitness circuit in a much smaller space. LEG EXTENSTION 9NL-S1010 W 37 IN (94 CM) L 41 IN (104 CM) H 55 IN (140 CM) STACK WEIGHT 190 LB (86 KG) OVERALL WEIGHT 436 LB (198 KG) SHIPPING WEIGHT 457 LB (207 KG) INSTINCT Instinct Strength is a full line of intuitive machines, Instinct Strength is a full line of intuitive machines, benchs and racks with easy adjustments, offering benchs and racks with easy adjustments, offering users a quick and complete workout. Perfectly users a quick and complete workout. Perfectly suited to be a basic strength line or circuit system, suited to be a basic strength line or circuit system, Instinct effectively complements more specialized Instinct effectively complements more specialized lines. The versatility of Instinct’s small footprint also lines. The versatility of Instinct’s small footprint also lets you get the most from minimal space and is lets you get the most from minimal space and is offersed in both single and dual function units to offersed in both single and dual function units to 11 Core Health & Fitness is more than gym equipment, we offer innovative solutions for all your facility needs. This is why we’ve brought together ﬁ ve of the most recognizable ﬁ tness brands to ensure our customers can offer their members authentic ﬁ tness experiences. Whether working with us directly or through our partners and distributors worldwide, we provide the highest quality equipment backed by a service and support team that will always go the extra mile to get you what you need, when you need it. Partner with us and see how our Core Values motivate our every decision. ©2020 Core Health & Fitness LLC. All rights reserved. Star Trac, the Star Trac logo and StairMaster are registered trademarks of Core Health & Fitness, LLC. Schwinn and Nautilus are registered trademarks of Nautilus Inc. used under license to Core Health & Fitness LLC. Throwdown is a registered trademark of Throwdown Industries, LLC. ADJUSTMENTS & MOVEMENTS USER DEFINED RANGE OF MOTION Fixed path ASSISTED ADJUSTMENTS Gravity assisted seat bottom COLOR CODED PIVOT POINTS AND ADJUSTMENTS Yes on all units UNILATERAL OR BILATERAL MOVEMENT Possible if user uses one handle at a time CONVERGING OR DIVERGING MOVEMENTS Linear motion PULLEY RATIO 1:1 FRAME SPECIFICATIONS & CABLE INFORMATION STANDARD FRAME COLOR OPTIONS Silver, White, Black STANDARD UPHOLSTERY COLOR OPTIONS Dove Gray, Black FRAME FINISH Electrostatic Powder coating CUSTOMIZABLE PAINT OPTIONS AVAILABLE Yes with additional fees and extended lead times CUSTOMIZABLE UPHOLSTERY OPTIONS AVAILABLE Yes with additional fees and extended lead times CUSTOMIZABLE BRANDING OPTIONS AVAILABLE Yes with additional fees and extended lead times CABLE VS. BELT DRIVEN TRANSMISSION Belt BOLT DOWN LOCATIONS DEFINED Yes INTEGRATED LEVELING SYSTEM No, rubber feet for ﬂ oor protection HARDWARE TYPE Hex / Button Head TUBBING STYLE & THICKNESS Modern blend of square and round tubing. Most are 3 or 2.5mm / 11 ga USER SPECIFIC INFORMATION STATIC PLACARDS Yes, simple and intuitive placard MULTI-LANGUAGE PLACARDS OPTIONS AVAILABLE Large and graphical, limited text to eliminate translation requirements ANIMATED LENTICULAR No SAFETY CATCH & STOPS N/A WATER BOTTLE HOLDER No PHONE HOLDER No GRIP SPECIFICATIONS Rubber, large grips for pushing, smaller grips for pulling. FOOT PLATFORM N/A CONTOURED PADS No, removable wear strap for extended upholstery life RESTRAINT SYSTEM N/A WEIGHT STACK SPECIFICATIONS TOTAL STACK WEIGHT 190 LB (86 KG) INCREMENTAL WEIGHT SYSTEM 5/10/15, 190 WEIGHT STACK TOWER HEIGHT 54.5 in (138.5 cm) PLATE LOADED N/A WEIGHT STORAGE SOLUTION N/A LNL TECHNOLOGY Yes ADD-ON RESISTANCE AVAILABLE No WEIGHT STACK SHROUD SPECIFICATIONS Transparent, smoked plexiglass inside and outside shrouds 12 FITNESSMITH WWW.FITNESSMITH.COM JASON MATTSON 561-670-9466 JMATTSON@FITNESSMITH.COM STANDARD WARRANTY INFORMATION *WARRANTY STARTS DAY OF INSTALLATION EQUIPMENT LIST: STAR TRAC S SERIES CARDIO 5 Years Motor/2 Years Parts/1 Year Labor NAUTILUS STRENGTH EQUIPMENT 10 Years Frame/5 Years Guide Rods/Plates/Bearings 3 Years Minor Mechanical Components 90 Days Upholstery 3 Years Labor 13 CHEST/LEG/HIP QUOTE Prepared by:Prepared for:Quote Information: Fitnessmith CITY OF SOUTH MIAMI - GIBSON BETHEL Quote #: 020836 Jason Mattson (561) 529-5590 Fax (561) 997-8788 jmattson@fitnessmith.com 5800 SW 66TH ST SOUTH MIAMI, FL 33143 MANUEL ALVAREZ (305) 668-3864 MALVAREZ@southmiamifl.gov Version: 1 Delivery Date: 01/25/2024 Expiration Date: 01/26/2024 Cardio Description List Price Customer Price Qty Ext. Price STAR TRAC S-TRC TREADMILL W/ LCD (BLACK)$8,499.00 $4,199.00 1 $4,199.00 Subtotal:$4,199.00 Strength Description List Price Customer Price Qty Ext. Price NAUTILUS INSTINCT VERTICAL CHEST PRESS (MATTE BLACK FRAME / GRAY UPHOLSTERY) $4,149.00 $2,299.00 1 $2,299.00 NAUTILUS INSTINCT LEG EXTENSION, SIDE MOUNT (MATTE BLACK FRAME / GRAY UPHOLSTERY) $4,149.00 $2,299.00 1 $2,299.00 Subtotal:$4,598.00 Services Description List Price Customer Price Qty Ext. Price SHIPPING CHARGES - EQUIPMENT $994.58 $994.58 1 $994.58 INSTALLATION: INSIDE DELIVERY, ASSEMBLY, TESTING, TRASH REMOVAL: (FEE IS FOR FIRST FLOOR DOUBLE DOOR ACCESS ONLY) SITE SURVEY REQUIRED FOR GUARANTEED PRICE. FITNESSMITH WILL NOT WALL MOUNT ANY EQUIPMENT, RACKS, OR RIGS. $950.00 $950.00 1 $950.00 THIS PROPOSAL IS PREPARED BASED ON CURRENT ECONOMIC CONDITIONS AND MANUFACTURER PRICING. PRICES MAY BE SUBJECT TO CHANGE BASED ON RISING COST OF GOODS, UNKNOWN SURCHARGES, OR ESCALATING SHIPPING AND INSTALLATION FEES. $0.00 $0.00 1 $0.00 COLOR: BLACK FRAME/BLACK PADS $0.00 $0.00 1 $0.00 Subtotal:$1,944.58 14 CHEST/LEG/HIP QUOTE Prepared by:Prepared for:Quote Information: Fitnessmith CITY OF SOUTH MIAMI - GIBSON BETHEL Quote #: 020836 Jason Mattson (561) 529-5590 Fax (561) 997-8788 jmattson@fitnessmith.com 5800 SW 66TH ST SOUTH MIAMI, FL 33143 MANUEL ALVAREZ (305) 668-3864 MALVAREZ@southmiamifl.gov Version: 1 Delivery Date: 01/25/2024 Expiration Date: 01/26/2024 Quote Summary Description Amount Cardio $4,199.00 Strength $4,598.00 Services $1,944.58 Total:$10,741.58 Total savings: $8,000.00 Tax is subject to change at time of Invoice. Payment Terms for multi-housing (new construction) is 50% down at time of order, 40% prior to delivery and 10% upon install. All other payment terms are 50% deposit and balance before delivery unless government or agreed upon prior to order. CITY OF SOUTH MIAMI - GIBSON BETHEL Signature: Name:MANUEL ALVAREZ Title:RECREATION SUPERVISOR II Date: 15 AGREEMENT: The product quotation, purchase orders, shipping documents and these terms and conditions of sale constitutes a continuing sale Agreement between Centurion Partners Health and Fitness, a Florida Limited Liability Company doing business as Fitnessmith (hereafter referred to as (“Fitnessmith”) and Buyer, as set forth at the end of this Product Quotation Agreement, for the purchase of any product and services to be provided by Fitnessmith to Buyer. Fitnessmith sales representatives do not have the authority to change or modify the terms and conditions of this Agreement. PURCHASE ORDER: Buyer may provide Buyer’s standard form of purchase order to place orders for product and service, but any terms and conditions on such standard form which are in addition to or inconsistent with the terms and conditions of this Agreement will be deemed stricken from such order. If Buyer does not deliver written objection to the terms hereof which are different than those appearing on the Buyer’s purchase order, Buyer agrees to all of Fitnessmith’s terms and conditions. All purchase orders shall be made or confirmed in writing and are subject to acceptance by Fitnessmith. The Buyer shall be responsible for all costs and fees incurred by Fitnessmith for refused shipments, including freight and insurance costs. Orders cancelled less than thirty (30) days from originally scheduled shipment date will be subject to a cancellation fee of 25% of the value of the purchase order. PRICES: The prices to be paid by Buyer for all products and services purchased hereunder shall be Fitnessmith’s standard prices in effect on the date of Fitnessmith’s receipt of Buyer’s purchase order, less any applicable deductions which may be in effect from time to time. Fitnessmith reserves the right to change its standard prices and to publish a new price list from time to time and at any time, without prior notice to Buyer. Should any new price result in an increase in the price of any product or services, the increased price shall apply to any Buyer order placed after the effective date of the new price. For orders that are placed for delivery more than ninety (90) days into the future, Fitnessmith reserves the right to review and adjust the agreed upon pricing within thirty (30) days of fulfilling the purchase order. In this case, the Buyer has the option of canceling the order with no penalties, if the cancellation is in writing and within ten (10) days of the notification of the price increase. Buyer is solely responsible for any prices it charges to its customer. Nothing in this Agreement shall in any way restrict the Buyer’s freedom to sell products at prices determined in accordance with its own judgment. Buyer shall be responsible for all sales, use, or other taxes (other than taxes on Fitnessmith’s income or ownership of property), applicable to Buyer’s purchase of products and/or services. Buyer shall pay such taxes when invoiced by Fitnessmith or shall supply appropriate tax exemption or resale certificates. Buyer is also responsible for any domestic or foreign forwarding agent or brokerage fees, duties, or other fees and any export licenses which may be necessary to export the products. Seller reserves the right to correct any clerical or mathematical errors at any time. CUSTOM PRODUCT: Fitnessmith requires a non-refundable 50% down payment for all custom products. A purchase order for custom product contractually obligates the Buyer to take delivery. Custom orders are non-cancelable and may not be rescheduled without the prior approval of a corporate officer of Fitnessmith, which may be withheld at the sole and absolute discretion of Fitnessmith. All custom orders have an up charge to be determined by Fitnessmith. All build to order strength orders cancelled less than thirty (30) days from the original scheduled delivery will be subject to a 25% cancellation fee. SHIPMENTS: F.O.B. shipping point shall be Fitnessmith warehouse unless otherwise specified. Risk of loss with respect to Fitnessmith products shall pass to Buyer at the time of delivery of the products to the carrier for shipment. The Buyer assumes all risk involved in the transportation and handling of the equipment or goods once it has left the Fitnessmith warehouse, including, but not limited to, damage during shipment. The Buyer is advised that inspection should be made of any equipment or goods before accepting delivery. Acceptance of delivery constitutes acceptance of goods. The Buyer must file its own claim for any type of damages directly with the carrier in the event of any loss or damage during transportation, and must make payment for any equipment of goods purchased from Fitnessmith regardless of any dispute the Buyer may have with any carrier or agents. Fitnessmith will attempt in good faith to ship on or before any scheduled shipment date. Buyer acknowledges that Fitnessmith may, from time to time, be subject to manufacturer production or shipping delays. In such event, Buyer agrees that Fitnessmith may, 16 in its sole discretion, allocate distribution of Fitnessmith’s products among its customers, notwithstanding the effect such allocation may have on Buyer’s outstanding orders, and Fitnessmith will not be liable for any damage, however described or arising, for a good faith failure to fill any order or for delay in meeting a scheduled shipment date. Fitnessmith may provide reasonable notice to Buyer regarding any material delay in shipment. Fitnessmith may make partial shipments of Buyer’s orders. Such partial shipments shall be separately invoiced and paid for when received, without regard to subsequent shipments. Delay in shipment or delivery of any particular installation shall not alone relieve Buyer of its obligation to accept subsequent installations. Fitnessmith may provide reasonable notice to Buyer in the event of material delays in connection with partial shipment of an order. Fitnessmith will use its best efforts to deliver as specified, but in no event will Fitnessmith be liable for any damage, consequential or otherwise, arising from any failure of Fitnessmith to meet any delivery date. RETURNS: Any Custom Products and/or Customer modified Standard Products ordered from Fitnessmith are non-cancelable and/or non-returnable. Credit may be issued only on those items that are stock items of standard manufacture and in new, salable condition in the original packaging. Any such return shall be at the expense and risk of the Buyer and subject to a 25% restocking charge of the original purchase price. WARRANTY: EACH FITNESSMITH PRODUCT WILL CARRY ITS OWN LIMITED WARRANTY AS SET FORTH BY THE MANUFACTURE. SUCH WARRANTY WILL BE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES BY FITNESSMITH, EXPRESSED OR IMPLIED, INCLUDING CONSEQUENTIAL DAMAGES. INSTALLATION: At the time the order is placed, the Buyer will provide Fitnessmith with an installation date. Fitnessmith will make reasonable commercial efforts to install the product on or before the installation date. Product held more than 10 days after the installation date at the Buyer’s request will be subject to a storage fee. Product held more than 30 days past the installation date at the Buyer’s request will be subject to a 15% restocking fee as well as a storage fee. With the exception of Grand Openings, partial installations require the installed product to be paid per the terms of the invoice. PROPER USAGE: It is imperative that equipment is used properly as to avoid injury. Buyer agrees that equipment will not be used in any way other than as designed or intended by the manufacturer, specifically including, but not limited to the following: 1) Keep hands and feet clear of moving parts at all times. 2) Read all machine instructional placards and warnings and direct any questions to a qualified fitness professional prior to use. 3) All strength equipment MUST be secured (bolted and tightened) to a solid, level surface to ensure stabilization and eliminate rocking or tipping. As it pertains to treadmills, Buyer agrees that it is aware of electrical requirements relating to dedicated circuit and plug configurations; additional information can be found in the owner’s manual. PAYMENT: Payment is 50% down at time of order, 40% prior to delivery and 10% upon install. All invoices not paid when due shall bear interest at 1.5% per month or the highest rate allowed by law until paid in full. Fitnessmith reserves the right to exercise any of its lawful remedies if Buyer does not make payment when due. Without limiting the provisions of the immediately preceding sentence, Buyer’s failure to pay any invoice for the products and/or services when due shall entitle Fitnessmith to delay installation of orders placed by Buyer and, at Fitnessmith’s option, to cancel any pending orders placed by Buyer. Fitnessmith shall have the right to offset and deduct from any amounts due Buyer all sums owing from Buyer to Fitnessmith. To secure the payment and performance of all obligations due and owed by Buyer to Fitnessmith hereunder, Buyer hereby grants Fitnessmith a Uniform Commercial Code purchase money security interest in products purchased from Fitnessmith hereunder and proceeds there from. This Agreement constitutes a security agreement between Buyer, as debtor, and Fitnessmith, as secured party, under the Uniform Commercial Code, and Fitnessmith has the rights and remedies of a secured party hereunder. Buyer 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. 17 Fitnessmith may, upon default from Buyer, require Buyer to assemble the products and make them legally available to Fitnessmith for repossession, including reasonable access to the facilities of Buyer, and Fitnessmith shall be entitled to all reasonable expenses of repossession, including reasonable attorney’s fees incurred in connection therewith. There will be a $35.00 service charge for each returned check. TERMINATION: Buyer may not terminate this Agreement except by giving Fitnessmith thirty (30) days prior written notice. Upon termination, Buyer will be obligated to pay Fitnessmith immediately any and all outstanding balances as of the date of termination. MISCELLANEOUS: Delivery dates set forth in any sales order or any confirmation thereof shall be determined to be estimates only. Fitnessmith shall not be liable for delays in performance of any of its obligations under this Agreement if such failure is caused by the occurrence of any contingency beyond its reasonable control, including but not limited to acts of God, strikes and other industrial disturbances, failure of raw material vendors, terrorism, failure of transport, accidents, wars, riots, insurrections, or orders of government agencies. Performance shall be resumed as soon as possible after cessation of such cause. No failure or delay on the part of either party in exercising any right or remedy 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. Except as specified herein, all notices, communications and reports required or permitted pursuant to this Agreement shall be in writing, and the same shall be given and shall be deemed to be have been delivered and received on the date served, if personally delivered and three (3) days after mailing, if placed in the United States Mail, postage prepaid, certified mail addressed to the parties at the address set forth below or at such other addresses as may be specified hereafter in writing in accordance with this Section. Severability. In the event that any one or more of the provisions or parts of any provision, contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any aspect by a court of competent jurisdiction, the same shall not invalidate or otherwise affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision, or part of any provision, had never been contained herein. Applicable Law; Personal Jurisdiction; 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) shall be resolved in the applicable Federal or state court in the County of Boynton Beach, State of Florida, United States of America. Section Headings. The section headings contained herein are for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement does not constitute Buyer to be a partner, employee, agent, franchisee of or in joint venture with Fitnessmith nor does this Agreement authorize Buyer to represent or act for Fitnessmith in any manner. Buyer will have no right or authority to assume or create any obligation of any kind, express or implied, on behalf of Fitnessmith nor may Buyer bind Fitnessmith in any way whatsoever. Buyer acknowledges that is has not paid Fitnessmith any sum of money or any other consideration as a franchise fee or as a condition to signing this Agreement. In the event of any voluntary proceedings in bankruptcy or insolvency by or against Buyer, or in the event of the appointment, with or without Buyer’s consent, of an assignee for the benefit of creditors or a receiver, Fitnessmith shall be entitled to cancel any unfilled part of Buyer’s purchase without any liability whatsoever. Entire Agreement. The entire agreement between the parties is set forth herein and supersedes all prior discussions and agreements between the parties relating to the subject matter hereof. There are no representations, warranties, covenants, agreements or collateral understanding, oral or otherwise, expressed or implied, affecting this Agreement which are not expressly set forth herein. This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Attorney’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 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. 18 19 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 PROCUREMENT & WAREHOUSING SERVICES 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FL 33351 · PH: 754-321-0505 EMAIL: PurchasingHelpDesk@BrowardSchools.com www.BrowardSchools.com/PWS 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; 805 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 County School Board Point of Contact Information: Procurement Department For contract, pricing, fulfillment, quality concerns or questions email: For purchase order processing, requisition, purchase order status questions or concerns email: Neda Augusto, Purchasing Agent naugusto-pmor@browardschools.com 754-321-0520 Dena M. Lomando, Purchasing Agent Specialist dena.lomando@browardschools.com 754-321-0502 Office of Athletics & Student Activities Shawn M. Cerra, Director shawn.cerra@browardschools.com 754-321-2550 Ty Thompson, Principal District Administration ty.thompson@browardschools.com 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. 20 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 PROCUREMENT & WAREHOUSING SERVICES 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FL 33351 · PH: 754-321-0505 EMAIL: PurchasingHelpDesk@BrowardSchools.com www.BrowardSchools.com/PWS Awarded Vendors and Contract Pricing: Contact Information Item(s) Numbers Primary Awardee Item(s) Numbers Alternate Awardee Vendor # 103294 Centurion Partners Health and Fitness LLC d/b/a Fitnessmith 3610 Quantum Blvd., Boynton Beach, FL 33426 Contact: Jason Mattson jmattson@fitnessmith.com (561) 529-5590 | (561) 670-9466 2, 3, 7, 8, 9, 10, 12, 17, 18, 19, 21, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 49 Vendor # 141649 Commercial Fitness Products Inc 5034 N. Hiatus Road, Sunrise, FL 33351 Contact: Fred Morrill fred@commfitnessproducts.com (904) 254-9162 14, 25 19 Vendor # 110261 Life Fitness LLC 10601 Belmont Avenue, Franklin Park, IL 60131 Contact: Chris Dantzler christopher.dantzler@lifefitness.com (704) 773-6374 4, 16, 23 8, 34, 46 Vendor # 129176 MFAC, LLC 1600 Division Road, West Warwick, Rhode Island 02893 Contact: Jennifer Lachapelle mfathletic@mfathletic.com (800) 556-7464 | (800) 667-9363 15, 26, 27 7, 10, 14, 25, 33, 35, 38, 39, 49 Vendor # 101012 Promaxima Manufacturing LLC 5310 Ashbrook, Houston TX 77081 Contact: Cindy Steele CSteele@promaxima.com (407) 429-9972 | (800) 231-6652 31 S/M/WBE Goal and Vendors: None. 21 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 PROCUREMENT & WAREHOUSING SERVICES 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FL 33351 · PH: 754-321-0505 EMAIL: PurchasingHelpDesk@BrowardSchools.com www.BrowardSchools.com/PWS 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. Event No. Date Issued Description Purchasing Agent 1 9/14/21 Board approved as item OO-23 with $1,937,124 spending authority Neda Augusto 22 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 PROCUREMENT & WAREHOUSING SERVICES 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FL 33351 · PH: 754-321-0505 EMAIL: PurchasingHelpDesk@BrowardSchools.com www.BrowardSchools.com/PWS 23 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 PROCUREMENT & WAREHOUSING SERVICES 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FL 33351 · PH: 754-321-0505 EMAIL: PurchasingHelpDesk@BrowardSchools.com www.BrowardSchools.com/PWS 24 11/14/23, 9:15 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CENTURI…1/2 Document Number FEI/EIN Number Date Filed State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company CENTURION PARTNERS HEALTH AND FITNESS, LLC Filing Information L13000039419 46-2293242 03/15/2013 FL ACTIVE Principal Address 3610 Quantum Blvd. Boynton Beach, FL 33426 Changed: 10/17/2013 Mailing Address 3610 Quantum Blvd. Boynton Beach, FL 33426 Changed: 10/17/2013 Registered Agent Name & Address WLG FIRM, PLLC 110 SE 6th Street Suite 1700 Fort Lauderdale, FL 33301 Name Changed: 02/22/2023 Address Changed: 02/22/2023 Authorized Person(s) Detail Name & Address Title MGR CENTURION CAPITAL PARTNERS, LLC 3610 Quantum Blvd Boynton Beach, FL 33426 Annual Reports D C Florida Department of State 25 11/14/23, 9:15 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CENTURI…2/2 Report Year Filed Date 2021 01/07/2021 2022 03/02/2022 2023 02/22/2023 Document Images 02/22/2023 -- ANNUAL REPORT View image in PDF format 03/02/2022 -- ANNUAL REPORT View image in PDF format 01/07/2021 -- ANNUAL REPORT View image in PDF format 01/20/2020 -- ANNUAL REPORT View image in PDF format 02/11/2019 -- ANNUAL REPORT View image in PDF format 03/11/2018 -- ANNUAL REPORT View image in PDF format 03/17/2017 -- ANNUAL REPORT View image in PDF format 03/02/2016 -- ANNUAL REPORT View image in PDF format 01/15/2015 -- ANNUAL REPORT View image in PDF format 01/16/2014 -- ANNUAL REPORT View image in PDF format 03/15/2013 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations 26