HomeMy WebLinkAboutCAG2024-119 - Original - United Parcel Service, Inc. (UPS) - Mailing Terms and Conditions for Transportation of Firearms - 02/12/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Christy Warren Police
Date Sent: Date Required:
> 03/07/2024
0
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website
Budget Account Number: Grant? Yes No�✓
10002100.64210.3110
Budget?❑✓ Yes F_1No Type: N/A
Vendor Name: A Category:
United Parcel Service, Inc. (UPS) Contract
Vendor Number: Sub-Category:
34434 Original
0
W Project Name: UPS Mailinq Terms and Conditions
CProject Details: This is an agreement for the transportation of firearms and firearm parts with
UPS from the Kent Police Department to allow the Evidence unit to mail
*, firearms to other law enforcement agencies.
C _
Agreement Amount: $16 ad hoc
Basis for Selection of Contractor:
E *Memo to Mayor must be attached
A— Start Date: 0 2/2024 Termination Date: 02/12/2025 With auto renewal unless
lm
a Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: �✓ Yes In-Process F1 Exempt(KCC 5.01.045) F71Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No
Comments:
IM
C C
3 0
N
a
Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office 3/8/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID:63ED3DFC-DA45-484F-AAEO-8B5BBD4D230A
AGREEMENT FOR TRANSPORTATION OF FIREARMS AND
FIREARM PARTS
This Agreement for Transportation of Firearms and Firearm Parts ("Agreement") is made and
entered into by and between United Parcel Service, Inc. ("UPS") and City of Kent rtftppW3 rtment
for services for the shipment of Firearm Products, as defined below ("Firearm Products
Shipments"). This Agreement applies only to Firearm Products Shipments and only to Shipper,
the UPS Account Number(s), and the Shipping Location(s) set forth below. UPS and Shipper
may each be referred to in this Agreement individually as a"Party"and collectively as the
"Parties."
Firearms Products Shipments for Shipper are subject to the following terms and conditions:
1. Applicable Terms. Firearms Products Shipments are governed by the terms and conditions set forth
in this Agreement, and in the versions of the UPS Tariff/Terms and Conditions of Service(currently
available at htt2s://www.0s.com/assets/resources/webcontent/en US/terms service pLpdf)
("UPS Tariff/Terms") and the UPS Procedures for Shipping Firearms (currently available at
[www.ups.com/firearms]) ("UPS Firearms Webpage") in effect at the time of shipment (each of
which are hereby incorporated by reference into this Agreement). Shipper is responsible for
consulting the version of the UPS Tariff/Terms and UPS Firearms Webpage in effect at the time of
shipment for applicable terms and conditions.
All Firearm Products Shipments will also be governed by other applicable contract documents,
including the UPS Rate and Service Guide, in effect at the time of shipping.
2. Defined Terms: Capitalized terms used and not otherwise defined in this Agreement will have the
following meanings:
2.1 "Firearm" will have the same definition as set forth in Title 18, Chapter 44, and Title 26,
Chapter 53, of the United States Code.
2.2 "Firearm Part" is any part or component of a Firearm that does not by itself meet the
definition of a"Firearm."
2.3 "Firearm Products"means Firearms and Firearm Parts,but does not include articles excluded
from the definition of Firearm Products on the UPS Firearms Webpage.
3. Licensing Requirements:
3.1 For shippers who are not government agencies, UPS prohibits the shipment of Firearm
Products except from licensed importers, licensed manufacturers, licensed dealers, and
licensed collectors (as defined in Title 18, Chapter 44 of the United States Code) to (i)
other licensed importers, licensed manufacturers, licensed dealers, and licensed
collectors or(ii) government agencies.
3.2 Notwithstanding the foregoing Section 3.1, where Shipper is otherwise in full
compliance with all applicable federal, state and local laws,rules and regulations and
UPS's requirements for the shipment of Firearm Products, Shipper may tender Firearm
Parts (but not Firearms) for transportation to a non-licensed individual or business.
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3.3 Shipper represents and warrants that it is properly licensed under all applicable federal
and state laws, rules and regulations. Shipper further represents and warrants that
Shipper is authorized to sell, ship, or cause to be transported and delivered, Firearm
Products Shipments to its consignees.
3.4 Before making any Firearm Products Shipment under this Agreement, Shipper must
submit to UPS, by email to customercompliance(d),ups.com complete, current and
accurate licensing documentation of Shipper's federal firearms license, as well as
satisfactory completion of, and compliance with, any other applicable licensing
requirements, including any applicable state requirements. Shipper may not tender
Firearm Products Shipments to UPS unless and until UPS has confirmed receipt in
writing of Shipper's licensing documentation.
4. Geographic Coverage. Shipper will not ship any Firearm Products (or any replicas or simulated
firearms) internationally through UPS. UPS may eliminate Firearm Products Shipments service to
any domestic state in UPS's sole and unlimited discretion without prior notice, and Shipper will
comply with any such geographic limitations.
5. Shipper Responsibility For Compliance With Applicable Law:
5.1 Shipper shall comply with and shall ensure that each Shipment containing Firearm Products
complies with all federal, state, and local laws, rules, and regulations applicable to the Shipper,
recipient, and Package, including, without limitation, age restrictions.
5.2 It is Shipper's responsibility to identify and interpret laws, rules or regulations applicable to
Shipper's Firearm Product shipments and to comply therewith. While UPS's Firearm Products
requirements are intended to permit only lawful Firearm Products shipments, Shipper has an
independent responsibility and obligation to ensure its shipments do not violate any federal,
state, or local laws or regulations applicable to the shipment.
5.3 Shipper will not tender to UPS any Firearm Products Shipment that does not comply with all
applicable laws, rules and regulations applicable to the shipment, transportation, or receipt of
such Firearm Products Shipments. Shipper represents and warrants that all Firearm Products
Shipments tendered to UPS for shipment will be in compliance with all applicable laws,rules
and regulations.
6. Prohibited Firearm Products. Except as set forth herein or by written agreement with UPS,
UPS does not accept, and Shipper will not ship, certain Firearm Products identified at the UPS
Firearms Webpage. Shipper represents and warrants that Firearm Products Shipments
tendered to UPS for transportation do not contain prohibited Firearm Products. UPS's
treatment of, reservation of rights, limitation of liability for loss or damage, and any and all
other rights applicable to prohibited items will be as set forth in the UPS Tariff/Terms in effect
at the time of shipment. UPS further reserves the right to discontinue any or all service to
Shipper for, among other reasons, tendering such a shipment.
7. Account Limited to Firearm Shipments.
7.1 The UPS Firearm Account Number(s) set forth below must be exclusively used for
shipments containing Firearms. Shipper will not use the UPS Firearm Account Number(s)
to tender any shipments that do not contain Firearms and will ensure that all Firearms
tendered to UPS are processed under a UPS Firearm Account Number.
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7.2 For any packages that do not contain a Firearm, Shipper must use a separate UPS account
number.
8. Delivery/Receiver Requirements:
8.1 Shipper will engage UPS to transport Firearms only if destined for consignees who are
federally licensed or government agencies. Shipper will provide verification of licensing of
its consignees to UPS upon request.
8.2 Without limiting the foregoing, Shipper will engage UPS to transport Firearms only if
destined for consignees who are over the age of 21 and legally authorized to receive,
possess, and purchase Firearms.
8.3 Shipper must always use Adult Signature Required("ASR") and Direct Delivery Only
("DDO") service for packages containing Firearms. Shipper must designate ASR and DDO
at shipment processing using an approved UPS Shipping System.
9. Service Level,Packaging, and Labeling Requirements:
9.1 Shipper will only tender Firearm Products via service levels set forth at the UPS Firearms
Webpage or as agreed upon herein.
9.2 Shipper will supply the UPS Service Provider with a hard copy summary manifest at the
time that the packages are tendered to UPS for shipment and provide UPS with Timely
Upload(as defined below) of electronic Package Level Detail ("PLD") in a form
acceptable to UPS. PLD includes consignee's full name, complete delivery address,
package weight and zone. "Timely Upload"means the electronic transmission of PLD to
UPS at the time the packages are tendered to UPS. Shipper will provide smart labels on all
packages tendered to UPS. A smart label includes a MaxiCode, Postal Bar Code, current
UPS Routing Code, appropriate UPS Service Icon and a UPS 1Z Tracking Number Bar
Code and complies with such other requirements for smart labels as described in the
current UPS Guide to Labeling, as updated from time to time by UPS. Shipper will ensure
that all shipping locations will use a UPS Automated Shipping System (as defined in the
UPS Tariff/Terms). UPS shall not retain PLD provided by Shipper for Firearm Products
Shipments to any greater extent than UPS retains PLD in the ordinary course of its business
operations in connection with non-Firearms Product Shipments. Absent a compelling need
or instructions from the Shipper, UPS will only share such PLD with law enforcement or
other governmental authorities as required by law,rule, or regulation, court order, or legal
process.
9.3 Shipper will comply with all packaging and labeling requirements set forth at the UPS
Firearms Webpage.
10. Tendering Firearm Products Shipments. Shipper will only tender Firearm Products Shipments to
UPS in the manner set forth on the UPS Firearms Webpage.
11. Shipper Compliance With UPS Requirements. Shipper will comply with all of UPS's packaging,
labeling, and other requirements set forth in this Agreement, including the requirements set forth in
the UPS Tariff/Terms or at the UPS Firearms Webpage, and any updates that may be made to those
requirements. Shipper's compliance with UPS's requirements does not alter or affect Shipper's
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responsibility under this Agreement to keep informed of and comply with all applicable laws,rules
and regulations relating to Firearm Products Shipments. Provisions of any UPS-provided packaging
or labeling, including packaging and labeling required by this Agreement, are not a representation or
warranty by UPS that the packaging or labeling complies with applicable laws, rules and regulations
for Firearm Products Shipments.
12. Shipper Compliance Program:
12.1 Shipper will develop, implement, and maintain a compliance program("Shipper Compliance
Program"), as necessary to ensure that Shipper and its consignees are compliant with all laws,
rules and regulations that apply to the sale, purchase, shipment, transportation, delivery,
receipt, transfer,possession, and distribution of Firearm Products. The Shipper Compliance
Program will include: (1)training for sales and marketing employees regarding lawful
recipients,possessors, and purchasers of Firearm Products; (2) due diligence regarding
customer licensure or authorization to receive, possess, and purchase Firearm Products under
applicable federal, state, or local law; and(3) self-assessments of the Shipper Compliance
Program to guarantee its effectiveness.
12.2 Shipper will supply such reasonable information as UPS may request from time to time in
its sole and unlimited discretion relating to Shipper's compliance with applicable laws,
rules and regulations reasonably related to the shipment of Firearms Products. Shipper will
respond within five business days of such request with the information requested or an
explanation of why such information legally cannot be provided. In such case, Shipper will
cooperate with UPS to provide other information sufficient to demonstrate Shipper's
compliance with UPS and/or legal requirements applicable to the shipment of Firearm
Products. Information UPS may request typically may include but is not limited to order
information (e.g., invoice,packing list and other relevant documentation) sufficient to
demonstrate the contents of specific packages (tracking numbers) identified by UPS. UPS
may audit Shipper or its packages at any time and for any reason. The scope of audits of
Shipper may include but are not limited to: opening and inspecting Shipper's shipments and
auditing the Shipper Compliance Program. UPS will use any information provided by
Shipper pursuant to this Section 12.2 solely to investigate and address compliance with
applicable laws, rules and regulations and UPS requirements, and, absent a compelling need
or instructions from Shipper, will only disclose such information to the extent required by
applicable laws, rules or regulations, court orders, or legal process.
13. Indemnification. Shipper will indemnify, defend and hold harmless UPS and its parent company
and other affiliated companies, their officers, directors, employees, agents, and their successors
and assigns, from all claims, demands, expenses (including reasonable attorneys' fees), liabilities,
penalties, costs, causes of action, enforcement procedures, and suits of any kind or nature, arising
out of or related to any actual or alleged Firearm Products Shipment, Shipper's breach of this
Agreement, Shipper's breach of any Representation or Warranty under this Agreement, or
Shipper's failure to comply with any applicable laws, rules or regulations, whether such action is
brought by a governmental agency or other person or entity.
14. Limitation of Liability. UPS will have no liability to Shipper, including but not limited to any
liability for indirect, special, incidental, or consequential damages (including lost profits), arising
from or relating to UPS's compliance with law, a subpoena, court order or other legal process and
related instructions or requests from law enforcement or other governmental authorities or due to a
compelling need. UPS's liability to Shipper for the loss of or damage to goods shipped will be as
set forth in the UPS Tariff/Terms and UPS Rate and Service Guide in effect at the time of shipping.
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15. Term. The term of this Agreement will be for one year from the Effective Date as defined below.
This Agreement will automatically renew for successive one-year periods unless terminated in
accordance with this Agreement. UPS may suspend or terminate delivery services for Shipper, or
terminate this Agreement immediately and cease providing service,if UPS determines in its sole and
unlimited discretion that such action is prudent or necessary. This Agreement may be terminated for
any reason at any time upon seven(7) days' written notice to the other Party.
16. Amendments. UPS may modify or amend any requirements for Firearm Products Shipments at
any time. By tendering Firearm Products Shipments to UPS for shipment, Shipper agrees to be
bound by UPS's requirements in effect at the time of shipping. Without limiting the foregoing,
UPS may amend the Agreement at any time upon seven(7) days written notice to Shipper
(provided that such notice requirement does not apply to any changes to the UPS Tariff/Terms or
the UPS Firearms Webpage).
17. Headings; Construction. The headings in this Agreement are for convenience of reference only
and in no way define or limit any of the provisions hereof or otherwise affect their construction or
effect. Unless otherwise expressly provided, whenever the words "include", "includes", or
"including" are used in this Agreement, they will be deemed followed by the words "without
limitation," and will not limit the preceding words or terms. Unless specifically indicated
otherwise, the word"or"whenever used in this Agreement is used in the inclusive sense of
"and/or" and not the exclusive sense of"either/or."Words in the singular or plural form include
the plural and singular form, respectively. Whenever the words "herein", "hereto", "hereof' or
"hereunder" are used in this Agreement, they will be deemed to refer to this Agreement as a whole
and not to any specific Section.
18. Order of Precedence. In the case of any conflict among the body of this Agreement and the
terms and conditions incorporated by reference, the UPS Firearms Webpage will control, followed
by this Agreement, then the UPS Tariff/Terms.
19. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto
and supersedes all prior agreements and understandings, oral and written, between the Parties
relating to the subject matter hereof.
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IN WITNESS WHEREOF, the Parties hereto have executed or caused this Agreement
to be duly executed by their duly authorized officers as of this 12t1day of February
2024 . ("Month") ("Year") (the "Effective Date").
ACCEPTED AND AGREED TO:
Account Name: CITY OF KENT POLICE DEPARTMENT
UPS Firearm Account# (or attached list): G6G708
UPS Other Articles Account# (or attached list):
Street: 232 4th Ave S
City: Kent
State: WA
Postal Code: 98032
DocuSigned by:Signature: SfAJA S6t,4
Print Name: Matt stansfi el d
Title: Deputy chief
UNITED PAP
bC"§ERVICE, INC.
Signature:
ViS iVA M.wry'a�
Print Name: Kristina Murray
Title: Sales Representative
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