Professional Documents
Culture Documents
Concur: Parks and Recreation
Concur: Parks and Recreation
Concur: Parks and Recreation
APPROVED FOR
AGENDA OF Kenneth P. Grybel
Director
CONCUR
TO: Honorable Mayor Daniel S. Paletko
Honorable City Council Members .0--P). · ~
FROM: Kim Constan, Parks & Recreation Deputy Director
DATE: June 19,2018
RE: Purchase of Two (2) True Reach- In Freezers
One (1) for Eton Center and one (1) for Berwyn Center
After reviewing the bids submitted, I recommend that the bid to purchase two (2) True T -49F-HC
Reach- In Freezers, one for the Eton Senior Recreation Center, 4900 Pardee, and the other for the
Berwyn Synior Recreation Center, 26155 Richardson, be awarded to Douglas Equipment, 301
North St., Bluefield, WV 24 701. They are the second to the lowest bidder and they meet all of the
specifications. The lowest bidder bid an A vantco Freezer which has a one-year warranty on parts
& labor and 5-year warranty on the compressor. The True T-49F-HC has a 3-year parts and labor
warranty and a 5-year parts and labor warranty on the compressor. The funds for the freezers are
in capital outlay, #691-981, in the 2017-18 budget. Therefore, I am requesting that the City
Council authorize the purchase for two (2) True T-49F-HC Reach-In Freezers from Douglas
Equipment, 301 North St., Bluefield, WV 24701 , one for the Eton Senior Recreation Center, 4900
Pardee and the other for the Berwyn Senior Recreation Center, 26155 Richardson, in the amount
of $8,606.29 from the 2017-18 Parks & Recreation Department Capital Outlay budget account
#691-981 . This is to include shipping, inside delivery, setting up in place and removal and disposal
of the old units. Also return the bid bonds to the other bidders.
Your concurrence would be appreciated.
Sincerely,
'' .•
..A-']···· ~
/ -· l i.'t(
' !
Kim b onstan
Deputy Director
Parks & Recreation
0
RBCYCLEDPAPBR City of Dearborn Heights • 1801 N. Beech Daly • Dearborn Heights, Ml 48127 • (313) 791-3600 • Fax (313) 791-3601
ClTY OF DEARBORN HEIGHTS
Nmme 3fBid: R~-b!d ior Two (2) Re~r-ch-ir- .Freeze:-s, Model No. T-49F-HC
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Limited Service Warranty
Valid only in the United States I Rev. 02/2018
• Failure to install and/or use the unit within proper operating conditions specified by Avantco Refrigeratio n.
• Failure to properly maintai n the unit. This includes, but is not limited to, basic preventative maintenance like cleaning
the condenser coil.
• Overloading or improper loading of the unit in a manner that prevent s proper airflow.
Additionally, no claims can be made against this warranty for spoilage of products, loss of sales or profits, or any other
consequential damages.
Normal wear type parts, such as light bulbs and gaskets, are not Included in warranty coverage.
• Locate the model number (located on the front of the unit, or inside the door jamb).
• locate the bold number on the service plate (located on the front of the unit).
Next, caii1-80Q-678-5517. You must have the model number and service plate number when contacting service technicians.
Failure to contact Avantco Refrigeration prior to obtaining equipment service may void your warranty.
CJ-4
John J. Riley II
Treasurer
I respectfully request the City Council increase the salary of the Deputy Treasurer to $55,614.64 per
year, commencing July 1, 2018. This was the salary listed in the adopted 2018-2019 Corporate Fund
Budget.
City of Dearborn Heights • 6045 Fenton • Dearborn Heights, Ml 48127 • (313) 791-3410 • Fax (313) 791-3411
June 4, 2018
Honorable City Council
City of Dearborn Heights
Elections
Overtime 101-190-79.000 $ 1350.00
Mileage 101-190-79.000 $ 50.00
Capital Outlay 101-190-981.000 ($ 1,400.00) $ 0.00
0
General Gov.
Ins. Buyout 101-200-716.002 $ 6,400.00
Life Ins-Act 345 101-200-717.100 $ 1,500.00
Animal Pro 101-200-806.000 $ 18,000.00
Lease Pay 101-200-816.000 $ 156,000.00
Prof/Con. 101-200-817.000 $ 50,000.00
Telephones 101-200-853.000 $ 65,000.00
Cont Serv 101-200-818.000 $ 10,000.00
Dues/Member 101-200-958.000 $ 6,500.00
Rev-sidewalk/weed 101-200-963.000 $ 200,000.00
Longevity "101-200-721.000 $ (160,000.00) $ 353,400.00
Assessor
Cont. Serv. 101-209-728.000 $ 21,000.00 $ 21,000.00
Corp Council
Coun Serv 101-210-826.000 $ 45,000.00 $ 45,000.00
Clerk
Salary Elected 101-215-703.000 $ 5,000.00
Ret PrYrs 101-215-706.030 $ 12,000.00
Fringe 101-215-726.000 $ (17,000.00) $ 0.00
Comptroller
Salaries 101-223-706.000 $ 11,000.00
Ret pryrs 101-223-706 .030 $ 8,600.00
Overtime 101-223-709.000 $ 50.00
Mileage 101-223-861.000 $ 100.00
Fringe 101-223-726.000 $ (19,750.00) $ 0.00
Human Resources
Salaries 101-226-706.000 $ 6,500.00
Ret pr yrs 101-226-706.030 $ 1,900.00
Fringe 101-226-726.000 $ { 8,400.00) $ 0.00
Treasurer
Salary Elected 101-253-703.000 $ 6,300.00
Salaries 101-253-706.000 $ 4,500.00
Ret pr yrs 101-253-706.030 $ 600.00
Fringe 101-253-726.000 $ (11,400.00) $ 0.00
Info Tech
Capital Outlay 101-258-981.000 $ 5,500.00
Rep & Maint 101-258-932.000 $ ( 5,500.00) $ 0.00
Building Maint
Salaries 101-265-706.000 $ 5,800.00
Ret pryrs 101-265-706.030 $ 2,300.00
Overtime 101-265-709.000 $ 35,000.00
Rep/Main/Grounds 101-265-931.000 $ 30,000.00
Fringe 101-265-726.000 $ ( 73,100.00) $ 0.00
Pollee
Salaries 101-300-706.000 $ (279,000.00}
Ret Pr Yrs 101-300-706.030 s 144,000.00
Part time 101-300-707.100 s 35,000.00
Overtime 101-300-709.000 $ 100,000.00 $ 0.00
Fire
Salaries 101-335-706.000 $ 200,000.00
Part Time 101-335-707.100 $ 1,000.00
Overtime 101-335-709.000 $ 125,000.00
DuesMember 101-335-802.000 $ 100.00
Rep & Maint Equip 101-335-932.000 $ 20,000.00
Cap Out 5000 101-335-981.500 $ 53,000.00
Fringe 101-335-726.000 $ (399,100.00) $ 0.00
Building
Cont Services 101-371-818.000 $ 5,000.00
Rep & Maint Equip 101-371-932.000 $ 5,000.00
Fringe 101-371-726.000 $( 10,000.00) $ 0.00
Ordinance
Part Time 101-426-707.100 s 5,000.00
Cap Out 5000 101-426-981.500 $ 200.00
Fringe 101-426-726.000 $( 5,200.00 l $ 0.00
DPW-Highway
Salaries 101-440-706.000 $ 60,000.00
Ret Pr Yr 101-440-706.030 $ 9,500.00
Overtime 101-440-709.000 $ 50,000.00
Road Rep 101-440-880.000 $( 50,000.00)
Rep & Maint Equip 101-440-932.000 $ 10,000.00
Capital Outlay 101-440-981.000 $( 20,000.00)
Fringe 101-440-726.000 $ (59,500.00) $ 0.00
Recreation
Salaries 101-691-706.000 $ 6,000.00
Ret Pr Yrs 101-691-706.030 $ 3,000.00
Training 101-691-962.000 $ 120.00
Fringe 101-691-726.000 $ ( 9,120.00) $ 0.00
R.A.Young
Salaries 101-692-706.000 $ 3,500.00
Overtime 101-692-709.000 $ 500.00
Fringe 101-692-726.000 $ (4,000.00)
Planning Com
Fringe 101-801-726.000 $ 200.00
Prof/Con. 101-801-817.000 $ 20,000.00 $20,200.00
Cable TV
Part-time 101-809-706.001 $ 20,000.00
Comm Fees 101-809-712.000 $ 500.00
Fringe 101-809-726.000 $ 1,500.00
Mat/ Senior Video 101-809-730.001 $ 200.00
Newsletter 101-809-807.500 $ 3,500.00 $25,700.00
Net Total $471,800.00
The above amendments are needed to balance out the accounts for year end. I am appropriating from
Fund Balance for the departments that I feel do not have enough in their budgets to absorb the
additional expenses. Although I do not believe at this time that by the end of the fiscal year we will
actually be taking any of these funds from the fund balance, doing this insures that we are in compliance
with the budget act in providing a balanced budget.
Respectfully,
~~Wv\U--
linda Vance
Comptroller
APPROVED FOR linda Vance
AGENDA OF Comptroller
June 4, 2018
Honorable City Council
City of Dearborn Heights
rl\J~ tZ-
Linda Vance
Comptroller
0
9-f)
-APPROVED FOR
AGENDA OF
June 5, 2018
The purpose of this letter is to request Council's authorization to purchase 5 HP (ProBook 640 G2) laptop
computers and a 5-license Microsoft Office software package for use in the city's Emergency Operations Center.
- CAMERAS: The cost is $1,379 per unit, bringing the total for 5 units to $6,895.00
- SOFTWARE: The cost for a 5-license annual subscription is $100/year.
TOTAL PROPOSED COST: $6,995.00
These laptops are identical to, and will supplement the laptops that were recently secured through a Homeland
Security Grant. Funding was built into the Police Department's 2017- 18 "Capital Equipment" budget.
These laptops are replacing old Dell laptops that were purchased when the EOC was originally constructed in the
early 2000's. Due to their age, it is no longer possible to upgrade these units.
These computers will be retained exclusively for use in the Emergency Operations Center, and will not be available
for use for any other purposes.
Subject to your approval, the 5 units will be ordered, and the MS Office software will be purchased and installed.
Additional (BS & A) department-specific software will also be installed that will allow the users to conduct
necessary functions on their assigned EOC laptops.
Sincerely,
8ob
Bob Ankrapp, PEM
Emergency Manager & Public Information Officer
We have altered our response to active shooter incidents. The changes include
situations working in an unsafe environment, making this equipment necessary.
Thank you,
ffi~
David Brogan
Fire Chief
City of Dearborn Heights •1 999 N. Beech D;1ly • Dearborn Heights, Ml48127 • 3131791 -3650 • FAX 3131791 ·3651
QUOTE
c.r;t.p
16753 Industrial Parkway
Lansing, Ml 48906
Phone # 517721 0970 Date Quote#
Fax# 517-721-0974
D I S T R I B U T 0 R S I N C. 5/3012018 6497
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6/29/2018
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UPS
1
Point Blank PTH-IIIA PASGT Helmet, NIJ 06 Threat Level lilA 6 399.00 2,394.00T
with MSS Modular Suspension System (Ratchet Retention}
Full Cut
. . .· . 1
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Point Blank Level Ill+ 10" x 12" Steel, Ballistic Plates, 555, ! 12 119.50 1,434.00T
Shooter's Cut and Full Cut I
Armor Express Responder Base Plate Carrier, Molle, Holds up I 6 109.951 659.70T
to 1Ox12 Plate 1.25" thick l
Armor Express First Responder Carry Bag, Black ~ 6 43.50 261.00T
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1. Pricing Is goodfor 30 days unless otherwise noted. ' · · · . · . . .... . J
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Customer Signature
APPROVED FOR
AGENDA OF
David Brogan
Fire Chief
Fire
Daniel S. Paletko
Department Mayor
co.NC~
TO: Mayor Dan Paletko
Honorable City Council
I am requesting to purchase new fire hose and related appliances. The total cost is
$4,748.70 to come out of Capital Outlay, payable upon receipt.
We will be purchasing a pressure gauge, rubber hose, 5" supply line for front
suction, hydrant gates with storage bags. I have attached the summary of these
items and their use.
Thank you,
City of Dearborn Heights •1999 N. Beech Daly • Dearborn Heights, Ml 48127 • 313/791-3650 • FAX 313/ 791-3651
an dum- - -··--- -· ··- .. .
PO. Root has requested to purchase hose and hose appliances from Apollo Fire
Equipment. Below is a summary for each item.
1) 1.5" National Hose inline pressure gauge - This allows the pump operator to note the
pressure given to an attack line during training. The gauge is applied to the attack line at
various distances to check proper engine pressure.
2) 1.75" Rubber hose- The need for rubber hose at the first fifty or one hundred feet of
attack line during mop up or other non-structure fires is necessary as rubber jacketed hose
cleans better when exposed to chemicals or other substances normally found after car or
dumpster fires.
3) 5" LDH- Needed to construct new front suction sections. Current sections are beyond
repair and have a high potential to burst under pressure.
4) Hydrant gates for 5" LDH- An industry standard to apply another method to control the
flow of water from a hydrant when needed. This will allow for another fire engine to
pump from the same hydrant if needed and to disconnect when finished without
disrupting another engine's water need.
5) Hydrant bags - These are accessories to the Hydrant gates by which the gates are stowed
inside this carrier with other essential hydrant tools. The bags can be set in the hose bed
and deployed when LDH is needed. The bags protect the gates as well.
8 HFX17X50YN All American Hose, 1. 75" X 50' HFX Yellow rubber hose $166.00 $1 328.00
Stencil OHFD
2 H800-50.SOST Harrinaton 4" straiaht Hydrant aate w/5" Storz Connections $893.00 $1 786.00
2 HFX50X50Y50S All American Hose 5' X 50' Yellow LDH $340.00 $680.00
SUBTOTAL $4,340.40
SHIPPING TBD
Thank you for the opportunity to quote on your Fire Department needs. TAX
OTHER
TOTAl---====-----
Craig Poike, Sales Representative
Cell: (734) 536-1337
cpoike@apol!ofire com
APPROVED FOR
AGENDA OF
David Brogan
Fire Chief
Fire
Daniel S. Paletko
Department Mayor
This truck is a "quint" style truck, which will combine a traditional fire engine with
a ladder truck. This means it will function in all the usual capacities of our fire
engines with the added ability of a mounted aerial ladder.
Our current first line engine in the north end is 22 years old with over 120,000
miles and is no longer fit for first line daily use. We would move that truck to
reserve status, and we would sell or scrap our 1990 fire engine currently in reserve.
Thank you,
(f\~
David Brogan
Fire Chief
City of Dearborn Heights •1999 N. Beech Daly • Dearborn Heights, Ml48127 • 313/791-3650 • FAX 313/791-3651
David Brogan
Fire Chief
Fire
Daniel S. Paletko
Department Mayor
In the submitted budget for 20 18-19, we had applied for a grant to get a new fire
engine. We also budgeted money to purchase a 10 year old ladder truck from
Dearborn.
Since that time, we have discovered we did not get the grant for the engine, and the
ladder truck was too expensive, given the immediate need for a new fire engine at
HQ. To address both needs, I am asking we purchase a Demo "Quint" fire engine.
Quint:
A quint is a style of tlre truck that can operate as a fire engine, like we have always
used, but also has an aerial ladder mounted on top, to serve as our ladder truck. It
is more expensive than a traditional fire engine, but cost less than a ladder truck.
Demo:
By purchasing a demo unit we will save 4% of the total cost. If we agree to
purchase we will also avoid the steel and aluminum tariff that will be going into
effect very soon.
Because the truck is already in production, we will have the truck 13 months faster
than doing a traditional build. We can also make a few custom changes to the
truck, as production is still underway.
City of Dearborn Heights •1999 N. Beech Daly • Dearborn Heights, M148127 • 313/791-3650 • FAX 313/791-3651
We have a long standing relationship with R&R fire truck and repair. They have
found us a demo that fits all our needs. These things would allow us to put the
truck in service quickly, which is important, as keeping older trucks in service has
related repair costs.
Cost:
The total cost of this truck would be approximately $726,570. I am suggesting that
we use money already budgeted for the used truck as our down payment, then
finance the rest over 5 years. That would leave us a payment of approximately
$107,000 per year.
Thank you,
~~
Fire Chief
City of Dearborn Heights •1999 N . Beech Daly • Dearborn Heights, Ml48127 • 313/791-3650 • FAX 313/ 791-3651
t_.
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The demonstrator 75' aerial4854 that we discussed is available and is first come flrst served. The price
delivered is $726,570. This unit was priced and ordered before the 3.5% price increase 01..01~2018
($22,400). The tariffs on steel and aluminum are causing all companies to implement another price
increase of 2.5% July 1st 2018 ($16,550}. These figures are on the truck we discussed.
issued prior to Juty·1 by locking pricing on the suppliesbefore the increase goes In affect.
•/.
This NFPA compliant apparatus will serve your community for many years to come with low-cost
maintenance, reliability and dependability.
We have provided three finance quotes for your review and to compare with your local banks.
Please do not hesitate to call or email me with any questions and or concerns.
•'
Trank ou for your lnter:st
R~e Rosselle
Vice President
EVT Master
7!S1 Doheny brive Northville. NJ. 48167 800-413-2781 (248) 344-4443 Fax (248) 344-8630
lnfoA\rrfiretruck.com www.rrfiretruck. net
SMEAL.CCM
We are pleased to offer the aUached proposal package. We would like to thank you for the
opportunity for allowing us to supply you with this information.
As you may already be aware, Smeal Fire Apparatus Co. has been In business since 1964
developing, designing and manufacturing the highest quality aerials, platforms and pumper
apparatus on the market today. We have a proven track record in many communities ranging
from the small run volunteers to the high run large municipalities. Our apparatus are built with
pride and integrity every day. Effective 1/1/17, Smeal Fire Apparatus Co. was acquired by
Spartsn Motors USA, Inc. Spartan is an Industry leader in Emergency Response, and we
expect the combined company to continue to meet and exceed your quality and service
expectations. ·
We can assure that you win be pleased with not only the end product but the process involved
from start to finish in the manufacturing of your apparatus.
Sincerely,
SMEAL.CCM
Date: 06/15/2018
Dear Sirs:
We hereby propose and agree to fUrnish, after your acceptance of this proposal and the proper execution and
approval of award of bid, the following apparatus and equipment:
One (1) 2018 Demo Smeal Custom 75' Aertal as specifred. Includes Training, Delivery and Two Year Warranty.
Seven Hundred Twenty Six Thousand Five Hundred Seventy Dollars Dollars
Dollars $726,570
All of which are to be built in accordance with the Smeal proposed specifications attached, and which are made a part of
this proposal agreement, to deliver same 180 calendar days after date of receipt and approval of all
submitted documents affiliated with order placement with Smear Holding LLC., properly executed, subject to all
causes beyond our control.
The amount named in this proposal shall remain firm for a period of 14 Days days from the date of same. AU
state and local taxes are included above figure. Any and all additional applicable taxes are to be paid by customer
upon registration and licensing of vehlcfe. It is understood by both the Seller and the Buyer that Change Orders executed
after contract acceptance may delay delivery. It is understood by both the buyer and the seller that Change Orders
executed after contract acceptance may Increase or d~reasa the price. The purchase price herein is based upon all
applicable state and federal manufacturing law. regulations. orders, mandates and standards in eff~t as of the date of
this Agreement (hereinafter "Standards") such as, for example, the standards mandated by the National Fire Protection
Association, tentative interim amendments to the National Fire Protection Association Standard, Underwriters
l.abomtorles of Canada, and the Environmental Protection Agency. The purchase price shatl be subject to increase due
to any state or federal Standards that are adopted, Issued or mandated following the date of this Agreement that require
the apparatus(es) desaibed above to be manufactured and/or delivered in compliance with such Standard(s}.
31 P ge
SMEAL.CCM
This Proposal Document, in order to be effective and binding upon Seller must be signed and accepted by an authorized
officer of Seller. The effective date of this Proposal Document will be the date it is signed and accepted by the Seller.
All checks must be made payable to Smeal Holding LLC. only and delivered to Seller. Under no circumstances shall
payment be made to a dealer or anyone else as Seller's agent. Smeal Holding LLC. Is the only authorized payee. Any
representation that payment Is to be made to any other party is absolutely unauthorized.
Official ownership documents shall remain property of the seller untit the purchase price is paid In full. Upon receipt of
payment, ownership documents shall be forwarded to purchaser.
4 1Page
SALES CONTRACT
SMEAL.CCM (Standard)
This Sales Contract is made and entered into by and between Smeal Holding LLC (Smeal), a wholly owned
subsidalry of Spartan Motors, USA Inc. Seller and Customer Name City of Dearborn Heights , Buyer.
PRODUCT DESCRIPTION:
One (1) 2018 Demo Smeal Custom 75' Aerial as specified. Includes Training, Delivery and Two Year
Warranty.
PURCHASE. Buyer does hereby agree to purchase and accept delivery of the apparatus described In the
Smeal Holding LLC. Proposal attacfled hereto, which is made a part hereof by this reference, upon the
following terms and conditions:
1. ACCEPTANCE. This Sales Contract shall become a contract and a binding obligation only when
accepted by the Seller as provided in paragraph 9 hereof.
2. COMPLETION. The Smeal supplied apparatus and equipment excluding dealership supplied
equipment, covered by this contract will be completed within approximately 180 calendar
days after written acceptance of this Sales Contract by the Seller, or as soon thereafter as Is consistent
with good workmanship and subject to any and all delays resulting from causes beyond the control of
Seller, and contingencies set out in paragraph 11 hereof. It is understood by both the Seller and the Buyer
that Chang8 Orri6rs executed after contract acceptance will delay delivery.
3. SPECIFICATIONS. The attached Smeal Proposal, shall control the construction of the apparatus
and be binding upon both Buyer and Seller, notwithstanding any other specifications or proposals whether
written or oral heretofore S14>plied, considered or discussed. If there is any conflict between Buyer's
specifications and the attached Proposal, the attached Proposal and specifications will control and
prevail.
5 JPa g e
SALES CONTRACT
SMEAL.CCM
(Standard)
7. PRICE. Buyer agrees to pay for the apparatus described herein the total sum of:
Seven Hundred Twenty Six Thousand Five Hundred Seventy Dollars Dollars
Dollars $. 726,570
State and local sales taxes, If any, are not Included In the purchase price. It is understood by both
the buyer and the seller that Change Orders executed after contract acceptance may Increase or
decrease the price. The purchase price herein Is based upon all applicable state and federal
manufacturing law, regulations, orders, mandates and standards in effect as of the date of this
Agreement (hereinafter "Standards) such as, for example, the Standards mandated by the National
F'ire Protection Association, tentative Interim amendment& to the National Fire Protection
Association Standard, Underwriters Laboratories of Canada, and the Environmental Protection
Agency. The purchase price shaU be subject to fnctease due to any state or federal Standards that
are adopted, Issued or mandated following the date of this Agreement that require the
apparatus(es) described above to be manufactured and/or delivered in compliance with such
Standard(s).
Acceptance of Apparatus and Equipment shall occur immediately after completion of a final
inspection by a representative of Customer at a factory location of Smeal, completion of any
discrepancy list. and shipment of Apparatus and Equipment from Smeal's factory location. Upon
completion of the final inspection and related discrepancy list, the Apparatus and Equipment shall
be conclusively determined to be in full compliance with the terms of this Contract, including
without limitation the Original Specifications.
All checks must be made payable to Smeal Holding LLC only and delivered to Seller at its offices.
Under no circumstances shall payment be made to a dealer or anyone else as Seller's agent. Smeal
Holding LLC Is the only authorized payee. Any representation that payment is to be made to any
other party is absolutely unauthorized.
and has the power and authority to enter Into this Sales Contract and perform Its obligations
hereunder: this Agreement has been duly authorized, executed and delivered by Buyer and is the
valid, enforceable and binding obligation of Buyer; and Buyer represents that there are no
warranties, agreements or understandings, V-'itten or oral, which in any manner alter, abridge or
conflict with the terms of this Sales Contract. Buyer represents that the individuals listed below
fleve authority to sign all documents Including but .not limited to, all change orders on behalf of
Buyer.
11. DELAY ON PERFORMANCE. Seller's Performance under this Sales Contract Is subject
to delays resulting from strike, insurrection, war, accidents, fires, floods, commandeering of plant
or other demands of govemmental authority, delays tn transportation, or materials, delays in receipt
of Information when clarifications are requested, and all other causes beyond the control of Seller.
12. TESTING. In the event Buyer wishes to test the apparatus, such test shall be made within
ten (10) days after arrival of the apparatus at its destination. A written report of any and all tests
shall be promptly forwarded to Seller. If Buyer fails to test within this time limit and/or fails to forward
test results to Seller, the apparatus shall be considered as fully complying with contract
specifications as described in paragraph 3.
7 1Pag e
SALES CONTRACT
BMEAL.CCM
A .PARTAN
a ~~AND
._.&:rTgJ(. (Standard)
13. TITlE. All apparatus shall remain the property of Seller until the purchase price is paid in
full. In the event of default in payment, Seller may take full possession of all apparatus sold
hereunder and any payments that have been made shall be forfeited and/or considered as rental
for the use of ttle apparatus up to date of taking possession.
14. MISCELLANEOUS. The following miscellaneous provisions shall apply to this Safes
Contract:
14.1 Entire Agreement. nus Sales COntract. and the specifications and warranty
attached hereto sets forth the entire agreement between the parties and there are no promises;
agreements, conditions or understandings, either oral or written between them that are other than
as herein set forth. Except as herein otherwise provided, no subject alteration, amendment. change
or addition to this Sales Contract shaY be binding upon either Seller or Buyer unless reduced to
writing and signed by them.
14.2 Severability. If any term, covenant or condition of this Sales Contract, or any
application thereof to any person or ch:umstance, shall, to any extent, be invalid or unenforceable,
the remainder of this Sales Contract or application of such term, covenant or condition to persons
or circumstances other than those as to which it is held as invalid or unenforceable, shall not be
affected thereby and each term, covenant or condtion of this Sales Contract shall be valid and
enforceable to the fullest extent permitted by law.
14.3 Binding Effect. This Sales Contract shall be binding upon and Inure to the benefit
of the parties and their respective successors and assigns. Except with the written consent of the
other party hereto, no person shall take any action which will allow any right hereunder to be
assigned or held by any other person.
IN WITNESS WHEREOF, this Sales Contract has been duly executed by the parties hereto
on the date set forth opposite their name.
B (Page
SALES CONTRACT
SMEAL.CCM
(Standard)
9( Page
SALES CONTRACT
SMEAL.CCM
(Standard)
Printed Name: _ _ _ _ _ _ _ _ _ _ _ _ _ T i t l e : - - - - - - - - -
Printed Name: _ _ _ _ _ _ _ _ _ _ _ _ _ T i t l e : - - - - - - - - -
Pri~Name: ___________________
Title:_ _ _ _ _ _ _ __
10 l P a 9 e
SALES CONTRACT
BMEAL.CDM
(Standard)
11 jPage
APPROVED FOR
9-fl
AGENDA OF
City Daniel S. Paletko
Libraries Mayor
Michael McCaffery
Director
Hello
Please amend the budget as follow to account for 2017-2018 expenditures as outlined:
Michael Mccaffery
Director Dearborn Heights City Libraries
The payment will be paid through the police department motor fuel account.
Respectfully,
City of Dearborn Heights 25637 Michigan Ave. Dearborn Heights, Michigan 48125 (313) 277-6770
www.dearbornheightspd.com
Invoice
Lexipol, LLC
2801 Network Blvd. Suite 500 Date Invoice#
Frisco, TX 75034
6/1/18 24727
Bill To
Net30 7/1/18
Description
The one year law enforcement policy manual update subscription includes 24n access to Knowledge Management
System for updates and editing.
The DTB subscription service includes 365 Unique Scenario Daily Training Bulletins and Testing Data Base.
Law Enforcement Procedure Manual Online Annual Subscription
07/01/2018- 06130/2019
Phone# 949-484 4444 NOTICE: LEXIPOL HAS A NEW MAILING ADDRESS AS OF JUNE 18, 2018.
t-------+--------i Please change the address and remit payment to: Lexipol LLC, 2801 Network
Fax# 949-484-4443 Blvd. Suite 500, Frisco, TX 75034
F«m W-9 Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
~ 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to
01 following seven boxes. certain entities, not individuals; see
::i instructions on page 3):
§ 0 Individual/sole proprietor or D C Corporation 0 S CorpOration 0 Partnership 0 Trust/estate
Gi ~ single- member LLC Exempt payee code (if any)----
~~ 0 Umited liability company. Enter the tax classification (C=C corpOration, S=S corporation, P=Partnership).,.. _ _ __
~ 2 Note: Check the appropriate box in the line above for the tax classifiCation of the single-member owner. Do not check Exemption from FATCA reporting
c: -= LLC tf the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
code (if any)
·;:: ..5 another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC
~ o is disregarded from the owner should check the appropriate box for the tax classification of its owner.
!5!~~~F=~~~~~~--~~~~-----------------.~~~--~~~~~~----~
Other (see •'n"""'"'"'M' (Appiies to """""'Ill cno ,..;ntait>ed OUifi<te U.S.)
v, Requester's name and address (optional)
G)
~~=-~~~~~~~--------------------------~
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number {SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for Hne 1. Also see What Name and
Number To Give the Requester tor guidelines on whose number to enter.
Sign Signature of
Here U.S. person.,..
General Instructions
Section references are to the Internal Revenue Cod.~=:!>l""""'
o Form 1099-MISC {various types of income, prizes, awards, or gross
noted.
proceeds)
Future developments. For the latest information about developments • Form 1099-B {stock or mutual fund sales and certain other
related to Form W-9 and its instructions, such as legislation enacted transactions by brokers)
after they were pubWshed, go to www.irs.gov/FormW9.
• Form 1099-S (proceeds from real estate transactions)
Purpose of Form • Form 1 099-K (merchant card and third party network transactions)
An Individual or entity {Form W-9 requester) who is required to file an • Form 1 098 (home mortgage interest), 1098-E (student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T (tuition)
identification number (TlN) which may be your social security number • Form 1099-C (canceled debt)
{SSN), individual taxpayer identification number (ITIN), adoption • Form 1099-A (acquisition or abandonment of secured property)
taxpayer identification number {ATIN), or employer identification number
Use Form W-9 only if you are a U.S. person (including a resident
(EIN), to report on an information return the amount paid to you, or other
alien), to provide your correct TIN.
amount reportable on an information retum. Examples of Information
returns include, but are not Hmlted to, the following. ff you do not retum Form W-9 to the requester with a TIN, you might
• Form 1 099-INT {Interest earned or paid) be subject to backup withholding. See What is backup withholding.
later.
June 6, 2018
I am requesting Council approval for the purchase and payment for the following:
These lasers will be purchased from Kustom Signal. Price quoted is the Michigan State Contract
price. The quote is as follows:
4 ProLaser 4 bundles that include: Hogue grip, 8AA rechargeable batteries with charger. USB to PC
interface cable, 12 VDC to USB adapter, hard carry case and three year warranty.
Four year extended warranty, that includes: phone support, technical support, hardware changes,
software updates, parts, labor and return shipping to agency.
The cost for these lasers is $11,268.00 to be taken from the Police department capital outlay account.
Respectfully,
2 (L/
~~
Police Chief
City of Dearborn Heights 25637 Michigan Ave. Dearborn Heights, Michigan 48125 (313} 277-6770
www.dearbornheightspd.com
Quotation
Pa~e l of3
KUSIOM SIGNALS, INC.
905Zt...oiret8JW, Lataea,KS8112t9-atol'l
913-49~1-400 F•913-492-17m
aat.._.ton.ignaa.com IMMN.IcuabTT8Unal•-mm
Date 06/05/2018
To•.• JOSHUA WOLFE Quote # 575976793349NE
DEARBORN HEIGHTS POLICE DEPT Terms NetJO
This Quote Expires on 09/03/2018
156l7 MICHIGAN AVE Phone 313-277-6770
DEARBORN HEIGHTS Ml 48125-3271 Fax 313-274-8456
-·~
Hardware Changes, Software Updates, Parts, Labor & Return Shipping to agency.
0 Year 5- Laser Extended Warranty (In addition to Year 4) so.oo
This Warranty INC LUDES: Phone Support, Technical Support (Help Desk),
Hardware Changes. Soflware Updates, Parts. Labor & Return Shipping to agency.
Total 52,517.00
~:=..~-;_-~:::.:.-- .. '·
.... 2.7'72-
I
'-......... .......
·: . .·
Signature
. ..·..~·
'\. \. ;1, I~ g ..,.)
"Applicable Sales Tax Not Included. Seller may charge Buyer a 25% restocking fee. --........... ~ ...._~
,; • .... - ~ .........··"'' .. .. ., ' . "
·.:•.' ~ ··::.··
Total $11,268.00
FINANCIAL
~~~~~~~~~----- DIRECTOR: ---------------------------------
DATE: ----------------------
APPROVED FOR
AGENDA OF
Lee Gavin
Police Chief of Police
Department
Daniel S. Paletko
Mayor
June 6, 2018
I am requesting Council approval for the purchase and payment for the following:
10 x26P Tasers
These taser's will be purchased from Axon Enterprise. The quote is as follows:
$1 ,800.00 upfront
Years 2-5 billed at $2,800.00 per year
$100.00 off trade (we are turning in 10, so the credit will be $1,000.00)
Free data cable
No interest or financing
These tasers are to replace the current ones we are not using. The money will be paid out of our
repair and maintenance account. The first payment will include an estimate for shipping and
handling of$100.00.
Respectfully,
Police Chief
City of Dearborn Heights 25637 Michigan Ave. Dearborn Heights, Michigan 48125 (313) 277-6770
WINW.dearbomheightspd.com
Webmail 7.0 - TASER Quote.eml Page 1 of 1
TASER Quote
Good Morning!
Attached is the quote you requested. Please review the quote for accuracy with regard to weapon type, color,
holster type, cartridge type, and quantities. BECAUSE THESE ARE LAW ENFORCEMENT PRODUCTS USED IN CRITICAL USE
OF FORCE SITUATIONS WE ARE NOT ABLE TO ACCEPT RETURNS. I only need the signed quote and certificate of
destruction (write "10") back to put the order in process for you. You can fax to 888-855-5281 or email to
abittl@taser.com. We bill with 30 day terms and orders take 1-2 weeks for processing. I will send you a
confirmation once I receive the signed quote.
The total comes to: $13,000. If you buy outright at 2018 pricing the cost is: $15,358
ASHLEY BITTL
TASER Inside Sales (OH, Ml)
AXON.COM
Total $1,900.00
DATE: ------------------------
APPROVED FOR
AGENDA OF
Lee Gavin
Police Chief of Police
Department
Daniel S. Paletko
Mayor
I am requesting Council approval for the purchase and payment for the following:
It is a handheld narcotics testing device. It is currently being used by MSP, and it faster and much
safer than the traditional narcotics testing devices used today. TruNarc easily identifies narcotics,
with the primary function of ensuring that law enforcement personnel exposure to emerging threats
such as carfentanil and fentanyl, are as limited as possible. In many instances the device allows for
scan directly through plastic or glass, which evidence of this nature is typically packaged in.
The cost for this equipment, with a 5 year warranty is $30,295.00. It includes training, technical
support, factory repair and loaner units.
The cost for this to be taken from the Police department capital outlay account.
Respectfully,
Police Chief
City of Dearborn Heights 25637 Michigan Ave. Dearborn Heights, Michigan 48125 (313) 277-6770
www.dearbomheightspd.com
Sales Quotation Thermo Scientific Portable
Analytical Instruments Inc.
Quote Number Created Date Exp. Delivery Terms Page
2 Radcliff Rd
00146599 06/07/2018 ARO 1/5
Tewksbury, Massachusetts 01876
Contact: Phone Payment Term Valid To United States
Michael Nagle Net30 10/26/2018
lncoTenns Shipping Method
FOB Origin -Tewksbury Fed Ex 2nd Day
Submitted To:
Brian Mitchell
Dearborn Heights Police Department
25637 Michigan Ave.
Dearborn Heights, Michigan 48125
United States
Phone:
Emai 1: bmitchell@ci.dearbom-heights.mi. us
Pos. Product Code Product Name Sales Price Quantity Total Price
10 800-01045-01 TruNarc, Unlimited, Warranty- 5 Yrs, Train-12 USD 29,800.00 USD 29,800.00
TruNarc Unlimited Model with 5 years of warranty. lncfudes factory repair, loaner
units when available and 2411 technicaf support. Companion PC TruNarc admin
software, unlimited access to TruNarc eLeaming course and free basic software
updates to core narcotics library are provided for the life of the instrument. Includes
TruNarc on-site instructor led training for up to 12 students within the Continental
United States (CONUS) - expires 9 months after date of purchase.
20 810-01462-01 TruNarc Solution Kit (Type H) -100, English USD 495.00 USD495.00
TruNarc Solution Kit (Type H) for identification of Heroin and other special narcotics.
Kit includes 100 Test Sticks and 100 Solution Vials with Ethanol. Note that because
of the Ethanol, this product ships as a Hazardous Goods shipment.
Total: USD 30,295.00
Additional Comments:
Important Note: Please issue POs to Thermo Scientific Portable Analytical Instruments Inc
Federal Tax ID No.: 01-0650031
CAGE CODE: 392A9
DUNS#: 11-289-3131
Bank of America ABA# for Wire Payments: 026 009 593
Bank of America ABA# for ACH Payments: 111 000 012
Beneficiary Account Number: 4426843850
When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in
accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to In writing, Thermo
Sclentmc Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence.
A-of: Thermofisher Page1/5
SCIENTIFIC
Accept~nce of Purchase Quote: MN-00146599
By signing below, you (i) warrant that you are an authorized representative of your company, (il) agree that the Thermo Scientific Portable
Analytical Instruments Inc. Terms and Conditions of Sale attached hereto (the "Terms and Conditions") shall supersede any preprinted terms
and conditions, In their entirety, contained in any purchase order that your company issues and (iii) the Terms and Conditions shall exclusively
govern the transactlon(s) contemplated hereby
Payment Details
Method of Payment Sales Tax Application
D Net 30 (Attach Credit Application & Credit References) D Yes Apply Sales Tax
D Credit Card 0 No
D check ·If no, you must provide a copy of )'01¥' tax exemption certificBte along wlltl yotr purciJBse order.
D Wire Transfer
**Please contect your customer service representative with your cr.dlt card Information. (Do not send any credit card Info via amall or fax.)**
Address Verification
Please make corrections if necessary below:
When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in
accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo
Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence.
A .." o1: Thermo Fisher Page 215
SCIENTIFIC
THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS INC- TERMS AND CONDITIONS OF SALE
Last revised June 20 17
UNLESS, OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. GENERAL Thermo Scientific Portable Analytical Instruments Inc. ("Seller'') hereby offers for sale to the buyer ("Buyer") the products listed on
the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein.
Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this Agreement differ from
the terms of Buyer's offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer's document.
Buyer's receipt of Products or Seller's commencement of the services provided hereunder will constitute Buyer's acceptance of this Agreement.
This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No
waiver, consent modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and
Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms
set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller.
2. ~- All prices published by Seller or quoted by Seller's representatives may be changed at any time without notice. All prices quoted by
Seller or Seller's representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified
by Seller or. if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment
on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions which are not
part of Seller's original price quotation.
3. TAXES AND OTHER CHARGES. Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect to
the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must by paid by Buyer. If Buyer claims any exemption,
Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. Buyer shall be solely responsible for
obtaining any and all necessary licenses, registrations, certificates, permits, approvals or other authorizations required by federal, state or local
statute, law or regulation pertaining to the use or possession of the products contemplated herein that include radioactive isotopes, or x-ray
tubes if any.
4. TERMS OF PAYMENT Seller may invoice Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the
terms on the face hereof. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If
Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per
month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys'
fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder.
Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, at any time that
Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made in U.S.
Dollars.
5. DELIVERY CANCELLATION OR CHANGES BY BUYER. The Products will be shipped to the destination specified by Buyer, FOB Seller's
shipping point. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately.
Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to
Seller when due or otherwise fails to perform its obligations hereunder. All shipping dates are approximate only, and Seller will not be liable for
any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the
event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the
shipment within a reasonable period of time; Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result
of such delay. Products as to which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's
risk and expense and for Buyer's account. Orders in process may be canceled only with Seller's written consent and upon payment of Seller's
cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as to an
appropriate adjustment in the purchase price therefor. Credit will not be allowed for Products returned without the prior written consent of Seller.
6. TITLE AND RISK Of LOSS. Notwithstanding the trade terms indicated above and subject to Seller's right to stop delivery of Products in
transit; title to & risk of loss to the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier; provided,
however, that title to any software incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s)
thereof, as the case may be.
7. WARRANTY, Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and
be free from defects in material and workmanship, when subjected to normal, proper and intended usage by property trained personnel, for the
period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller's
product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to
Buyer for equipment and ninety (90) days for all other products (the "Warranty Period"). During the Warranty Period, Seller agrees, in its sole
discretion, to repair or replace Products and/or provide additional parts or services as reasonably necessary to cause the Products to perform in
substantial conformance with said published specifications; provided that Buyer shall (a) promptly notify Seller in writing upon the discovery of
any defect, which notice shall include the product model and serial number (if applicable} and details of the warranty claim; and (b) after Seller's
review, Seller will provide Buyer with service data and/or a Return Material Authorization ("RMA"), which may include biohazard
decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to
Seller with all costs prepaid by Buyer. Seller further reserves the right, in its sole discretion, to extend any Warranty Period if at the time that the
Warranty Period would otherwise expire, there are ongoing concerns regarding a Product's conformance to the warranty stated herein.
Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to
Buyer of repaired or replacement Products shall be made in accordance with the Delivery provisions of the Seller's Terms and Conditions of
Sale. Consumables are expressly excluded from this warranty. If Seller elects to repair defective medical device instruments, Seller may, in its
sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the instruments are being repaired.
Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are
not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original
manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier.
In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal
wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a
manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power
surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by
Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer
shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If
Seller provides repair services or replacement parts that are not covered by this warranty,
Buyer shall pay Seller therefore at Seller's then prevailing time and materials rates.
ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH,
THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL,
OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES
WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY TO REPAIR OR REPLACE A
DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS PROVIDED
HEREIN, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO
THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR- FREE OR WILL ACCOMPLISH ANY
PARTICULAR RESULT.
B. INDEMNIFICATION
8.1. By Seller Seller agrees to indemnify, defend and save Buyer, its officer, directors, and employees from and against any and all
damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable
attorney's fees) ("lndemnffied Items") for (i) injury to or death of persons or damage to property to the extent caused by the negligence or
willful misconduct of Seller, its employees, agents or representatives or contractors in connection with the performance of services at
Buyer's premises under this Agreement and (ii) claims that a Product infringes any valid United States patent, copyright or trade secret;
provided, however, Seller shall have no liability under this Section to the extent any such Indemnified Items are caused by either (i) the
negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, {ii) by any third party, (iii) use of a
Product in combination with equipment or software not supplied by Seller where the Product would not itself be infringing, (iv) compliance
with Buyer's designs, specifications or instructions, (v) use of the Product in an application or environment for which it was not designed
or (vi) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer shall provide Seller prompt
written notice of any third party claim covered by Seller's indemnification obligations hereunder. Seller shall have the right to assume
exclusive control of the defense of such claim or, at the option of the Seller, to settle the same. Buyer agrees to cooperate reasonably
with Seller in connection with the performance by Seller of its obligations in this Section. ·
Notwithstanding the above, Seller's infringement related indemnification obligations shall be extinguished and relieved if Seller, at its
discretion and at its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to continue using the Product; (b)
replaces or modifies the Product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the
specifications of the Product; or (c) in the event (a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with
respect thereto, based on a five (5} year amortization schedule. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S
ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN.
8.2. B.y Buyer. Buyer shall indemnify, defend with competent and experienced counsel and hold harmless Seller, its parent, subsidiaries,
affiliates and divisions, and their respective officers, directors, shareholders and employees, from and against any and all damages,
liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys'
fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer,
its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by
Seller where the Product itself would not be infringing; (iii) Seller's compliance with designs, specifications or instructions supplied to
Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by
anyone other than Seller without Seller's prior written approval.
9. SOFTWARE. With respect to any software products incorporated in or forming a part of the Products hereunder, Seller and Buyer intend and
agree that such software products are being licensed and not sold, and that the words "purchase", "sell" or similar or derivative words are
understood and agreed to mean "license", and that the word "Buyer" or similar or derivative words are understood and agreed to mean
"licensee". Notwithstanding anything to the contrary contained herein, Seller or its licensor, as the case may be, retains all rights and interest in
software products provided hereunder. Seller hereby grants to Buyer a royalty-free, non-exclusive, nontransferable license, without power to
sublicense, to use software provided hereunder solely for Buyer's own internal business purposes on the hardware products provided
hereunder and to use the related documentation solely for Buyer's own internal business purposes. This license terminates when Buyer's lawful
possession of the hardware products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees to hold in
confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related
documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or
supplement the software products provided hereunder without Seller's prior written consent. Seller will be entitled to terminate this license if
Buyer fails to comply with any term or condition herein. Buyer agrees, upon termination of this license, immediately to return to Seller all
software products and related documentation provided hereunder and all copies and portions thereof. Certain of the software products provided
by Seller may be owned by one or more third parties and licensed to Seller. Thus, Seller and Buyer agree that such third parties retain
ownership of and title to such software products. The warranty and indemnification provisions set forth herein shall not apply to software
products owned by third parties and provided hereunder.
10. LIMITATION OF LIABILITY LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT,
INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR
WHICH SHALL BE AS PROVIDED UNDER SECTION 7 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE
TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH
LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN
NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF
PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES OR (b) IS NEGLIGENT.
11. EXPORT RESTRICTIONS. Buyer acknowledges that each Product and any related software and technology, including technical
information supplied by Seller or contained in documents (collectively "Items"), is subject to export controls of the U.S. government. The export
contro[s may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"),
which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. Buyer shall comply
with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the. export, re-export, and import of any Item.
Buyer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any
Item, or (ii) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to
participate in exports has been denied or restricted by the U.S. government. Buyer shall, if requested by Seller, provide information on the end
user and end use of any Item exported by the Buyer or to be exported by the Buyer. Buyer shall cooperate fully with Seller in any official or
unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold Seller harmless from,
or in connection with , any violation of this Section by Buyer or its employees, consultants, or agents.
12. HAZARDOUS MATERIALS. Some Products may require special packaging, labeling, marking and handling. Carriers may add additional
freight charges for the handling or transporting of these materials. The consolidating of such material with other Products may be prohibited.
Additional freight charges will be billed per Seller's shipping terms. Be sure to advise Seller of shipping instructions for these hazardous
materials to reduce your freight costs.
13. MEDICARE/MEDICAID REPORTING REQUIREMENTS If Buyer is a recipient of Medicare/Medicaid funds, Buyer acknowledges that it has
been informed of and agrees to fully and accurately account for, and report on its applicable cost report, the total value of any discount, rebate
or other compensation paid hereunder in a way that complies with all applicable federal, state and local laws and regulations which
establish'Safe Harbor" for discounts. Buyer shall make written request to Seller in the event Buyer requires additional information from Seller in
order to meet its reporting requirements. Buyer acknowledges that agreement to such reporting requirement was a condition precedent to
Seller's agreement to provide Products and that Seller would not have entered into this Agreement had Buyer not agreed to comply with such
obligations.
14. MISCELLANEOUS (a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent,
and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by
and construed in accordance with the laws of the State of Seller's manufacturing location, without reference to its choice of law provisions. Each
party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the county and state of Seller's
manufacturing location, in any action arising out of or relating to this Agreement. (c) Both parties waive any right they may have under
applicable law or otherwise to a right to a trial by jury. Any action arising under this Agreement must be brought within one ( 1) year from the date
that the cause of action arose. (d) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is
hereby expressly excluded. (e) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction
to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall
remain in full force and effect, unless the revision materially changes the bargain. (f) Seller's failure to enforce, or Seller's waiver of a breach of,
any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on
the Product or in the documentation accompanying the Product, the Product is intended for research only and is not to be used for any other
purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of
consumption by or application to humans or animals. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to
Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such
information to any third party, and (2) use such information solely for Buyer's internal purposes and in connection with the Products supplied
hereunder. Nothing herein shall restrict the use of information available to the general public. (i) Any notice or communication required or
permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by
certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time
designate to the other. 0) Seller may, in its sole discretion, provide (1) applicable Product training to Buyer or its employees, or (2) samples of
Products to Buyer for distribution to patients of Buyer. Buyer agrees that any such samples shall be distributed to patients for patient use or, if
not so distributed, returned to Seller. Buyer shall not use such samples to provide care to patient and shall not bill patients or third party payers
for the provision of such samples. (k) Seller hereby rejects and disclaims any rights of Buyer contained, or obligations imposed upon Seller, in
any document provided, referenced or otherwise submitted by Buyer, in each case, that Seller has not expressly included in this Agreement or a
writing manually executed by Seller (including, without limitation, any rights of Buyer in respect of designs, specifications, source code or
intellectual property, owned, or licensed, by Seller; any rights to items or services not specifically identified in Seller's quotation; any audit rights
or financial offset rights of Buyer; any penalties or liquidated damages imposed upon Seller; any obligation by Seller to comply with HIPPA,
cGMP or CT-PAT; any obligation that Seller comply with any law that, under law, would not otherwise apply to Seller in respect of the
transaction(s) contemplated hereby; any right of Buyer to withhold all, or any portion, of the purchase price of any Products or services provided
hereunder for any period of time, any right of Buyer, itself or through any third party, to remediate any defects in, replace or reperform, any
Products at Seller's cost or expense, any obligation of Seller to waive, or require its insurers to waive, any rights of subrogation, any obligation
of Seller that would impair, restrict or prohibit Seller's ability to freely condud any business with any person or in any geography or market, or
any waiver by Seller of any right to enforce any of the terms hereof).
PRODUCT SPECIFICATIONS
Rapid narcotics ID
The Thermo ScientificTN TruNarc'M analyzer is a handheld
Raman system for rapid identification of suspected narcotics
without direct contact for most samples. A single test for
multiple controlled substances provides law enforcement
with clear, definitive results for presumptive identification.
Thermo Fisher
SC I E N T I F I C
The power of the lab in the palm of your hand
With the TruNarc instrument, the accuracy and reliability of 'INNIIIn: . . . ~ '
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a narcotics lab are available anywhere you go. Raman is the ,_
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same underlying technology as that in the Thermo Scientific"'
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FirstDefender'" product line, which is in active use globally by l':_______'"':'":':~J;;. .;',.~~ L ~R~N~~rc_ •
Specifications
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© 2017 Thermo Fisher Scientific Inc. AU rights reserved. All trademarks are the property of Thermo Fisher Scientific
and its subsidiaries unless otherwise specified. v.17_0817
TECHNICAL NOTE
KeyWords
Narcotics, fentanyl, heroin, Raman
spectroscopy, fluorescence, field testing
Introduction
Many common controlled substances are easily identified
with the Thermo Scientific"" TruNarc'~ analyzer, using point-
and-shoot analysis. Some substances, however, exhibit
fluorescence or are present in very low concentrations.
These target samples can present a challenge for Raman
spectroscopy, requiring an additional step to ensure
successful analysis.
Many of the most common controlled substances, such In addition, the target chemical in suspected narcotics
as cocaine and methamphetamine, are highly amenable to may not be present in high enough concentration for
Raman spectroscopy and present few analysis challenges. conventional Raman spectroscopy to identify it. For
The TruNarc analyzer has been successfully deployed instance, the active components in some prescription
for presumptive analysis of these and other suspected drugs are in a very low concentration, making identification
narcotics worldwide. a challenge.
However, a phenomenon known as fluorescence can mask To overcome these challenges- yet maximize the benefits of
the Raman spectrometry signal of some narcotics, much a handheld Raman analyzer - we have developed a Solution
like glare from sunlight can mask the subject in a photo Kit (Type H) that enhances the Raman signal of the target
from a camera. Fluorescence can hinder data collection substance while decreasing any nuisance fluorescence.
of some narcotics, such as street heroin and sprayed
synthetic cannabinoids.
Thermo Fisher
SC I ENTIF r C
Figure1. A selection of "Aiarmw screens when using the Type Hkit
• Heroin # Both tablet s and strips are identifiable using the Type H Kit.
o Methamphetamine/\ * Low dose Oxycodone tablets require use of the Type H ki1. The more common higher concentration
pills- 30mg and above- are typically identifiable using direct point·and·shoot analysis.
" The analyzer display screen shows a combined result for these substances.
The stick ·contains a metal substrate at the base of the scoop. After the chemical(s) are dissolved in the ethanol, the test
stick is submerged into the vial, coating the metal substrate with the solution. The test stick is then removed, allowed to
dry, positioned against the TruNarc analyzer, and scanned. See Figure 2.
This method has been shown to increase the spectrum strength and reduce the amount of fluorescence for certain samples.
- - - -- - - - - - - ----...,
Summary
The Type H test kit further enhances the real-world utility of
the TruNarc analyzer, enabling users to screen for specific
narcotics that are fluorescent and/or at low concentration.
A key enhancement is the ability to use the TruNarc
analyzer to screen for such emerging synthetic opioids as
fentanyl, furanyl fentanyl, heroin and methamphetamine.
Several low dose tablets are also identifiable using the
Type H test kit in conjunction with the TruNarc analyzer for
presumptive narcotics identification.
APPROVED FOR
AGENDA OF
William Zimmer
Public Service Administrator
Our Bucket Truck has seen many costly repairs nverttte~paSt year -and tile need for
repairs .is becoming .more frequent. This equipment is critical to our-ability to -trim trees,
JemOYe'dangerouS Jimbs and= take care of storm damage.
The Depar1ment of Public Works is requesting approval to purchase one Bucket (tree-
trimming) Truck from Wolverine Freighttiner Eastside, tnc for the .price of $-1:60,205.00
with trade of our current 2001 Bucket Truck. This price is based on Rochester HUts
Municipal Co-op TruckPficingandcanon EquipmentMI Deal Contract #07187700168.
Funds for this purchase were approved in the 201812019 budget. (Council Motion 18-
194). under. Gapital Outlay.for tne· Highway Department and your approvatto. purchase
this truck from Wolverine Freightliner Eastside lnc with payment upon delivery would be
appreciated..
Please contact me if you have any questions.
City of Dearborn Heights • 24600 Van Born Rd. • Dearborn Heights, MI4B125 • (313) 791-6000 • Fax (313) 791-6001
107 S. Groesbeck · Mt. Clemens, Ml 48043 • (586) 783-2444 FAX (586) 469-8054
June 12,2018
TOTAL: $160,205.00
Ken Malkowski
Govemment Sales Manager
SECTION I.
(c) Composition.
(1) The Commission shall consist of no fewer than five (5) and no more than nine
(9) appointed members known as "Commissioners". The Commissioners shall be
appointed by the Mayor. The Commissioners shall be appointed for two-year terms
unless the Mayor expressly states in the Mayor's communication appointing the
Commissioner that the appointment is only to fill a vacancy created during the term of a
Commissioner who has vacated her or his position prior to the expiration of her or his
term. In such a case, the Commissioner shall serve the remainder of the prior
Commissioner's unexpired term. All such Commissioners shall be voting members of
the Commission.
(2) The City Council may designate a person to act as the City Council liaison to
the Commission for a two-year term. The City Council liaison shall not be a
Commissioner but may participate in meetings of the Commission without a vote. The
City Council liaison shall not count as a Commissioner for purposes of a quorum of the
Commission.
(3) The Mayor may also appoint no more than four (4) Student Commission
Members who may be under or over the age eighteen (18). Any such Student
Commission Member shall serve for a one-year term. Student Commission Members
shall not be Commissioners but may participate in meetings of the Commission without
a vote. Student Commission Members shall not count as Commissioners for purposes
of a quorum of the Commission.
(4) Commissioners, any City Council liaison, and any Student Commission
Members shall serve in such positions without compensation.
SECTION II.
REPEAL
SECTION 111.
SEVERABILITY
SECTION IV.
EFFECTIVE DATE
SECTION V.
AUTHENTICATION
I hereby certify that the foregoing is a true and correct copy of this ordinance
adopted by the Council for the City of Dearborn Heights at a regular meeting of the
Council held on the day of , 2018, and became effective by
publication in the official newspaper of the City of Dearborn Heights and/or by
publication as otherwise permitted by the City Charter on the day of
- - -- - ' 2018.
RESOLUTION: ADOPTING "DIRECTING MAYOR DANIEL PALETKO TO Have All City Owned
Vehicles Properly Marked With the Seal of Dearborn Heights"
WHEREAS, the City of Dearborn Heights has many unmarked vehicles that need to be marked,
WHEREAS, the vehicles need to be marked with a non-magnetic seal of Dearborn Heights,
WHEREAS, the city logo shall be consistent with other city logos already being used on city owned
vehicles,
WHEREAS, the logo shall be affixed in the same location on the 2 front doors, example (Police Cars),
WHEREAS, the exemption of marked vehicles shall be those vehicles used solely by the Dearborn
Heights Police Department for undercover or traffic control and not by any employee, elected official or
department head,
WHEREAS, fire vehicles already marked "Dearborn Heights Fire Department" be excluded, all other
fire department vehicles also must be marked,
WHEREAS, no personnel of the city may cover the city logo for any purpose without the consent of the
Dearborn Heights City Council,
Dear Honorable Mayor Paletko, City Clerk Walter Prusiewicz, Treasurer John
Riley, II and City Council Members:
At this t ime, I submit to the Dearborn Heights City Council, for consideration, and
support, the Youth Voter Engagement Day Proclamation. July 1st has been
selected as the day of significance by our organization as this was the day that the
26th Amendment to the Constitution was ratified by our nation--setting the
national voting age at 18. This has had a marked impact on our society, but our
country--and our state-and there are challenges engaging our youth in our
political processes.
This Proclamation stands on the idea of engagement, civic duty, and ideas of
democracy, in which our country was founded . I appreciate your time,
consideration,· and support for this item. Please feel free to contact me with any
questions or concerns.
Respectfully Submitted,
Lisa Hicks-Clayton
Dearborn Heights City Councilwoman
Youth Voter Engagement Day
Proclamation
City of Dearborn Heights
WHEREAS, 18 to 29 year olds make up an estimated 31% ofthe electorate yet on average (in
the United States) turnout to vote less than 50% of the time (lower than any other
demographic); and,
WHEREAS, young people across the United States and our great state of Michigan are
constantly feeling more out of touch with the political process; and,
WHEREAS, Michigan was the 15th state to ratify the 26th Amendment,
WHEREAS, Activities young people can partake in to increase involvement in our nation 's
political processes include:
1.) Write a letter to a politician! Be it Governor, Senator, Representative, Mayor, or any other
elected official; tell them about ~m issue you're passionate about.
2.) Call a politician who represents you and talk with them
3.) Join a campaign
4.) Join a political organization (league of Women Voters, Engage18, etc.)
5.) Talk with a friend about politics
6.) Learn who your representatives are
7.) Pledge to attend a town hall
8.) Talk about an issue you're passionate about
9.) Read a piece of political news
10.) Register to vote
11.) Apply to work for a Government Official in their office
12.) Work in a polling location on Election Day
13.) Work to get your neighbors more engaged in politics
14.) Run for office
15.) Sign or circulate a petition
16.) Learn about a political concept you're unfamiliar with
17.) Have a conversation with someone you ideologically disagree w ith on a topic
NOW, THEREFORE, We, the City Council, Mayor, City Clerk, City Treasurer of Dearborn Heights,
do hereby proclaim July 1st as Youth Voter Engagement Day in Dearborn Heights, and
encourage the young people of Dearborn Heights to engage themselves in our nation' s political
processes on this day.
/3-
BUSINESS LICENSE RENEWAL APPLICATION NO.BL-17-ooooos664
APPROVED FOR
AGENDA OF
City of Dearborn Heights
6045 FENTON ROAD
DEARBORN HEIGHTS, MI 48127
313-791-3400
THE FOLLOWING LICENSE(S):
CABARETC-COUNCIL APPROVAL BUSINESS
RESTAURANT 50.00
HI-GRADE STEAKHOUSE
·· 25240 FORD :
D~ARBORJ;J HEIGHTS, MI 48127
!. ..•
{" . ' .
TOTAL $100.00
CURRENT
LICENSE EXPIRES June 20, 2018
ON:
You may renew your license by mail by returning this form prior to the expiration date with your check or money order jn the amount indicated
above payable to the Cjty of Dearborn Heights. Do not send cash! If you renew more than 7 days late you will be assessed a penalty fee in the
amount of 25% of your total license fee.
HI-GRADE STEAKHOUSE
25240FORD
DEARBORN HEIGHTS, M1 48127
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