HomeMy WebLinkAboutRes2017-033Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO APPROVE
FERRARA FIRE APPARATUS INC. TO PRESENT TRAINING ON
OPERATIONS AND MAINTENANCE OF OUR 2001 FERRARA IGNITER
QUINT AND HIRE UL SERVICES FOR ANNUAL LADDER
INSPECTION/TESTING FOR AN AMOUNT OF $10,215.00 FROM THE
MOTOR POOL FUND, AND APPROPRIATING FUNDS
WHEREAS, in January 2016 the Seward City Council passed Resolution 2016-006
authorizing the purchase of a 2001 Ferrara Igniter Quint Aerial apparatus to replace a 1985 E-One
engine that could not be cost-effectively refurbished; and
WHEREAS, Council authorized $280,000 for the purchase of an aerial apparatus and
equipment to maintain NFPA/ ISO compliance. When this project was completed the total of
$214,295.67 was spent, returning $65,704.33 in unused funds to the Motor Pool Fund; and
WHEREAS, the unanticipated departure of a number of critical staff and volunteers has
resulted in a gap in training and maintenance for the aerial apparatus; and
WHEREAS, a quote was received for three days of specialized training provided by the
manufacturer on operations and routine maintenance, at a cost of $6,715; and
WHEREAS, another unbudgeted expense for 2017 is the annual UL certified
inspection/testing of the aerial ladders at the cost of $3,500.00; and
WHEREAS, this request for $10,215.00 will complete the aerial project for 2017 and future
expenses to be incurred for these services will be included in the bi-annual budgeting process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Manager is authorized to approve training expenses with Ferrara Fire
Apparatus, Inc. in the amount of $6,715.00.
Section 2. Ladder inspection/testing by UL Service is authorized in the amount of $3,500.00.
Section 3. Funding in the amount of $10,215 is hereby appropriated from the Motor Pool
Fund undesignated reserves account no. 03000-0000-3400 to education/training account no. 03000-
1220-7303.
CITY OF SEWARD, ALASKA
RESOLUTION 2017-033
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12`h day of
June, 2017.
THE CITY OF SEWARD, ALASKA
C "
46"an Bardarson, Mayor
AYES: Casagranda, Keil, McClure, Alterman, Bardarson
NOES:
None
ABSENT:
Squires, Slater
ABSTAIN:
None
ATTEST:
J hanna Ki y, CMC
ty Clerk
(City Seal)
OF SEIV�''•.
'�• -+- t :
SEAL
Agenda Statement
Meeting Date: June 12, 2017
To: City Council
Through: Jim Hunt, City Manage
From: Edward Athey, Fire Chief
Agenda Item: Appropriation of funds from the motor pool for specialized training and
annual inspection/testing for the 2001 Ferrara Igniter {Quint (Aerial).
BACKGROUND & JUSTIFICATION:
January 25, 2016 the City Council approved Resolution 2016-006 authorizing the purchase of a used
aerial apparatus in lieu of proceeding with the refurbishment of Engine 3. The resolution authorized
the expenditure of up to $280,000 for the purchase of the aerial and essential equipment. A 2001
Ferrara Igniter Quint, also known as the aerial or T-35, was purchased from the City of Folsom.
Through fiscally responsible research the fire department spent a total of $214,295.67 on the project
leaving $65,704.33 to return to the motor pool. The aerial is a new apparatus for the fire department
and its optimum use requires very specific, specialized training and maintenance. With several
critical staff members leaving this past year, and more able to depart in the foreseeable future we
identified a shortfall in the use and maintenance of this new apparatus. In preparation for additional
education on use and maintenance of this specialized equipment we recognized it would take months
to coordinate dates and the cost was more than our approved budget could absorb.
The three day training is provided by the manufacturer Ferrara Fire Apparatus (FFA). It will include
apparatus specific training ranging from the basics of driving to setup and safe operation of the
ladder for volunteers and staff. Additional instruction will be received by our maintenance staff on
daily, monthly and annual maintenance required. The one-time cost of this FFA training is
$6,715.00.
The ladders of the aerial require annual inspection/testing which is provided by Underwriters
Laboratory (UL). The City of Folsom was current in this inspection/testing cycle when we purchased
the apparatus. Since we are in the second year of our bi-annual budget, we have not had an
opportunity to add this expense to our annual budget request. The cost for this UL certified
inspection/testing is $3,500.00. In future years this cost will be incorporated into our budget request
however our current approved budget will be strained to cover this required testing.
It is with our desire to maintain proficiency with our equipment, in order to best serve our
community, that we are requesting the amount of $10,215.00 be appropriated from the motor pool
fund for this training and annual inspection/testing.
INTENT:
To receive specialized training in the operation and maintenance of the 2001 Ferrara Igniter Quint
from FFA for the amount of $6,715.00 and the annual inspection/testing of the ladders by UL in the
amount of $3,500 for a total cost of $10,215.00.
CONSISTENCY CHECKLIST:
Yes
No
N/A
1
Comprehensive Plan (document source here): 2020 plan Vol ],pages 8
and 14
X
2.
Strategic Plan (document source here). page 18
X
3.
Other (list):Seward Fire Department Action Plan
X
FISCAL NOTE:
$10,215.00 appropriated from the Motor pool Fund 03000-1220
Approved by Finance Department: v���,�.,.Q
ATTORNEY REVIEW: Yes No Not Applicable_X
RECOMMENDATION:
City Council approves resolution 2017-033 authorizing the City Manager to approve specialized
training and annual ladder inspection/testing in an amount not to exceed $10,215.00 and
appropriating funds.
GSA 6000527706
12/07/2016
GLOBAL SERVICES AGREEMENT
Party No.: 5326127
Agreement No.: 6000527706
Processor ID No.: 19518
(For Internal Use Only)
The terms of this Global Services Agreement ("GSA") effective as of 17-APR-2017 ("Effective Date") will apply to all
Services to be provided to City of Seward Fire Department ("Client" or "you") by the UL Company identified or referred
to in a Quotation or Project Confirmation ("UL Contracting Party," "we" or "us"). "UL Contracting Party" and "Client" may
be collectively referred to as "Parties" or individually as "Party." Your principal place of business is 316 4th Ave, PO Box
167, Seward, AK, 99664, US.
"UL Company" means a UL Contracting Party or an entity controlled by, controlling, or under common control with that
UL Contracting Party, and "UL Companies" means all of them, collectively. "Control" means the possession, directly or
indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through
ownership of more than 50% of the interests in such entity, by contract, or otherwise.
Services. The term "Service(s)" means the services that are identified in a Quotation or Project Confirmation which
by its terms incorporates this GSA. Each type of Service has its own specific additional requirements ("Service Terms
") which we may amend from time to time. Any amendment will apply prospectively from the date the amendment(s)
are posted to the website referred to in the next sentence. They are available at www.ul.com/ServiceTerms and will
be provided to you in print or electronic format upon request. The capitalized terms used but not defined in this GSA
will have the same meaning as in the applicable Service Terms.
2. Service Agreements. A service agreement ("Service Agreement") will be formed by: (i) your acceptance of a written
offer (including by email) made by us or on our behalf to provide Services (a "Quotation"); (ii) the issuance of a written
acceptance (including by email) of your order by us or on our behalf (a "Project Confirmation"); or (iii) your written or
oral request for Services and our commencement of such Services if neither a Quotation nor Project Confirmation is
issued. In the case of Follow -Up Services, the Follow -Up Service Procedure is our Quotation to all Subscribers for
Follow -Up Services regardless of which Subscriber receives the Quotation; and acceptance (in the manner set forth in
the Follow -Up Service Terms) by any Subscriber of a Quotation for Follow -Up Services shall bind all Subscribers and
form your Service Agreement for Follow -Up Services. The terms "Subscriber," "Follow -Up Services" and "Follow -Up
Service Procedure" are defined in the Follow -Up Service Terms. Each Service Agreement will incorporate both the
applicable Service Terms in effect on the date the Service Agreement is formed and this GSA.
More than one Service Agreement may be formed which incorporate the terms of this GSA. If you obtain more than
one Service under separate Quotations or Project Confirmations, your Service Agreements may be with different
UL Contracting Parties, as identified in each Quotation or Project Confirmation.
Scheduling, Pricing and Payment Terms. Any pricing and delivery schedules quoted for Services are estimates
only, and may be subject to change by us upon prior notice to you, depending on the requirements of the specific
project. Before we begin Services, we may require you to make a deposit (to be credited against the total charges).
You will pay our fees and related expenses promptly upon receipt of an invoice. You will be responsible for all taxes,
duties or imposts which may be levied by a governmental body ("Taxes") other than taxes measured by a
UL Company's net income related to any Service Agreement. We may add such Taxes to our invoices and collect
them from you. You will not deduct any wire or transfer fees or other offsets. We may charge interest at 1 % per
month (12% per year), or the maximum legal rate, whichever is less, on all outstanding balances, from the due date
until paid in full. You agree to pay reasonable collection costs, including attorneys' fees, if necessary, in the event of
untimely payment or non-payment. If charges are not paid when due, we may deny or withdraw any Services to you.
4. Your Information. You represent and warrant that all information and/or data provided to us or another UL Company
by you, or on your behalf ("Your Information"), will be complete and accurate and that you are in compliance with any
relevant data protection laws in furnishing it to us, and agree that we may rely upon and process such information
when providing you Services. In addition, you represent and warrant that all of Your Information is owned or licensed
by you, and does not infringe on the intellectual property rights of any third party. If any of Your Information is
inaccurate, we will not be liable for any performance or alleged non-performance of Services. You agree that we may
share Your Information (to the extent permitted by applicable laws and contractual obligations) with other UL
Companies, agents, subcontractors or third parties, in order for us to: (i) perform the Services; (ii) conduct surveys for
input about us and our Services or the improvement of our Services; (iii) provide additional information about our
Services to you; or (iv) act in the interest of public safety.
5. Confidential Information. Each Party acknowledges that in connection with the Services it may have access to or
otherwise receive or observe confidential or proprietary information or materials of the other Party ("Confidential
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Information"). Confidential Information includes: (a) business and marketing plans and financial information; (b) plans,
designs, sketches, and prototypes for products and services; (c) engineering and technical information such as
software, test processes and methodologies, data, and test equipment and fixtures; (d) trade secrets; and (e)
information concerning the disclosing Party's customers, business partners, or affiliates and their products or services.
Confidential Information, however, does not include information or materials that are: (i) already known to the
receiving Party at the time of disclosure; (ii) publicly available or that become publicly available other than through the
acts or omissions of the receiving Party; or (iii) subsequently acquired by the receiving Party from other sources not in
violation of any confidentiality obligations. Each Party agrees that it will not, in whole or in part, disclose, transfer, use,
reverse engineer, or otherwise make available the disclosing Party's Confidential Information, except as necessary by
the UL Companies or their subcontractors to perform the Services. Each Party agrees to treat all Confidential
Information of the disclosing Party with the same degree of care it employs to protect its own Confidential Information
and in no event less than a reasonable standard of care. We may disclose your Confidential Information: (i) to other
UL Companies, agents, subcontractors or other third parties in connection with performing the Services; (ii) when
deemed in our discretion to be in the interest of public safety; (iii) when required to be produced pursuant to an order
or command of any judicial, regulatory, or accreditation authority; or (iv) when required by any common law or
statutory duty. Each Party agrees at its expense to return or destroy, as instructed by the disclosing Party, all
Confidential Information upon request from the disclosing Party, except that one copy may be retained solely for
recordkeeping or accreditation purposes. Each disclosing Party retains exclusive ownership of all right, title and
interest in its Confidential Information.
6. Samples. If Services require sample examination, you will ship representative samples to us at your expense. Upon
completion of the examination, such samples may be destroyed, unless other arrangements are agreed to in writing
for the return of samples at your expense. The shipping, testing and sample preparation may damage or destroy any
sample and you agree that you will not hold any UL Company liable for any such damage or destruction.
7. Subcontracting. You agree that we may subcontract Services to any UL Company or other third parties subject to
our requirements. We will provide as a term of any such subcontract that the subcontractor will meet our current
qualification requirements, including complying with our confidentiality requirements. UL will be responsible for any
breach of this GSA by its subcontractors.
UL Name or Marks. One or more of the UL Companies own the rights to a family of trademarks, service marks,
certification marks, trade names, logos, domain names, corporate identifiers and other intellectual property rights that
contain or include "UL," "Underwriters Laboratories" and variations and derivatives thereof (collectively, the "Marks").
Except for your rights as specifically granted in a Service Agreement to use the Marks, you have no rights in the
Marks. You will cooperate with the UL Companies in maintaining, renewing, enforcing, and protecting the Marks.
You will not directly or indirectly challenge the Marks or the UL Companies' ownership of them. You will not seek to
register any of the Marks, or any confusingly similar marks, anywhere in the world. You agree to notify us promptly if
you are aware of any infringement or misuse involving any of the Marks or any conflicting trademark, service mark, or
certification mark. You agree that any misuse of the Marks, or other UL Companies' intellectual property, will cause
irreparable harm that cannot be compensated by money only. A Service Agreement may include additional obligations
regarding the Marks.
9. Export Control. You represent and warrant that you: (i) will not cause any UL Company to violate any export, trade
or other economic sanction law; (ii) will promptly advise us if a project involves technology that is subject to any
government controls, including, without limitation, U.S. export controls, and will promptly supply all information needed
to comply with those controls; and (iii) will make payment to us for Services rendered under a Service Agreement with
funds obtained and through financial institutions and accounts in compliance with applicable laws concerning the
prevention of money laundering, terrorist financing and other illicit activities, including, without limitation, those
enforced by the United States.
10. Client Remedies. We will provide Services in accordance with professional standards of conduct generally
applicable to conformity assessment organizations and we will not have any responsibility other than to exercise
reasonable skill, care and diligence in the performance of Services. In the event a tribunal described in Section 19
determines that we have failed to comply with such standards of conduct in providing Services and that such failure
directly caused you harm, we will compensate you for such direct harm, PROVIDED, HOWEVER, that the amount of
such compensation will not exceed the fees paid by you to us for the specific portion of the Services rendered that
directly caused you harm, and that, under no circumstances will we be liable to you for any incidental, consequential,
or punitive damages. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 10, WE MAKE NO OTHER
REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO
THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY "IMPLIED WARRANTY OF MERCHANTABILITY" OR "
FITNESS FOR A PARTICULAR PURPOSE." For the purposes of this Section 10 and Sections 11, 12 and 19, the
term "Services" also includes the conception, development, promulgation, review, publication, modification,
withdrawal, interpretation, use, or application of any testing standard or requirement at any time by any UL Company.
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Any limitations and exclusions of liability shall apply to the fullest extent permitted by law
11. THIRD PARTY CLAIMS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE UL COMPANIES AND THEIR
TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS AND
SUBCONTRACTORS (EACH AN "INDEMNIFIED PARTY") FROM ALL LOSSES AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES) ARISING OUT OF, OR RELATED TO, CLAIMS ASSERTED BY THIRD
PARTIES THAT RELATE TO THE DESIGN, TESTING OR DATA PROVIDED BY YOU, OR THE MANUFACTURE,
MARKETING, OR SALE OF YOUR PRODUCTS OR SERVICES (INCLUDING YOUR USE OF ANY OF THE
MARKS), OR THAT RELATE TO THE SERVICES, UNLESS CAUSED BY AN INDEMNIFIED PARTY'S SOLE
NEGLIGENCE. IF AN INDEMNIFIED PARTY BECOMES SUBJECT TO A THIRD PARTY CLAIM, IT MAY DEFEND
ITSELF AT YOUR EXPENSE WITH COUNSEL OF ITS OWN CHOOSING.
12. RELEASE AND WAIVER. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL OF THE
UL COMPANIES AND THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES,
AGENTS AND SUBCONTRACTORS FROM ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF
ACTION FOR ANY ALLEGED LOSS, DAMAGE, OR INJURY, OTHER THAN A CLAIM FOR COMPENSATION
FROM US PURSUANT TO SECTION 10. THIS RELEASE AND WAIVER COVERS ALL CLAIMS ARISING IN TORT
AS WELL AS THOSE ARISING UNDER ANY STATE OR FEDERAL STATUTE, THAT IN ANY WAY ARISE OUT OF,
OR RELATE TO, THE SERVICES OR PERFORMANCE OR ALLEGED NON-PERFORMANCE UNDER ANY
SERVICE AGREEMENT.
13. Our Functions. You acknowledge and agree that we are not a designer, manufacturer, marketer, seller, endorser,
guarantor, or insurer of your products or systems of any kind. By providing the Services we are not assuming and we
disclaim any obligation, including any duty of care toward you or any third party related to the design, testing by
entities other than a UL Company, or the manufacture, marketing, or sale of any product(s) or system(s) that you
submit to us for Services. You agree that: (a) our provision of Services is not intended to supplant your examination
and testing of such product(s) or system(s); (b) by our performance of Services, we are not assuming any duty that
you have to examine or test the design of such product(s) or system(s), either before or after manufacture or sale;
(c) we are not endorsing, or warranting the safety or performance of such product(s) or system(s); and (d) in
rendering Services, we are not supplying, information for your guidance and conduct of your business.
14. Our Documentation. We retain all ownership, rights, title, and interest, in and to any reports, procedures, data,
calculations, notes, or other materials in any form conceived, prepared, or generated or originated by any
UL Company ("UL Documentation"). You are prohibited from distributing any UL Documentation by way of any
medium, paper or electronic, to third parties without our prior written consent. Notwithstanding the foregoing, you may
distribute UL reports in their entirety internally and to regulatory authorities if required to do so. All such reports must
contain the following legend: "UL LLC authorizes the above named company to reproduce this Report provided it is in
its entirety."
15. Assignment. You cannot assign any of your rights or obligations under a Service Agreement to any other person
without our written consent. We may, upon prior notice to you, assign a Service Agreement or any of our rights or
obligations under a Service Agreement to any other UL Company.
16. Termination. Except as otherwise specifically provided in the Service Terms, a Service Agreement will continue until
terminated by either Party upon thirty (30) days' prior written notice to the other Party. In the event of your material
breach of any Service Agreement with us or any other UL Company, we may immediately terminate any or all Service
Agreements. Your failure or inability to pay your debts and obligations in the normal course of business as well as
any filing of a petition in bankruptcy or any similar filing for protection from creditors will be a material breach by you of
all Service Agreements. Upon notice of termination of a Service Agreement, we will take immediate steps to bring the
Services to a close in a prompt manner. Upon termination, we are entitled to reimbursement in full for all Services
provided and any other sums due pursuant to the Service Agreement up to the effective date of termination, including
any other direct costs and expenses incurred by us in connection with the termination.
17. Third Party Beneficiaries. All other UL Companies, including UL LLC, are intended third party beneficiaries of each
of the Service Agreements for purposes of enforcing all provisions of the Service Agreements, other than those
provisions that create rights to receive income related to the Services. Except as provided above, each Party intends
that no provision of a Service Agreement will in any way benefit any other third party or accord any third party any
rights or remedies.
18. Waiver or Modification. Any failure by a Party to insist upon the performance of any provision of a Service
Agreement will not constitute a waiver of any rights or a waiver of any right to future performance of that provision.
For any waiver or modification of any provision of a Service Agreement to be effective, it must be set forth in a writing
executed by both Parties' authorized agents.
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19. Dispute Resolution. Any dispute or disagreement, other than nonpayment of fees, relating to this GSA, any Service
Agreement entered into pursuant to this GSA, or any Services provided under any such Service Agreement, will be
settled by confidential, binding arbitration administered by the International Centre for Dispute Resolution of the
American Arbitration Association ("AAA") pursuant to the AAA Commercial Arbitration Rules and the Procedures for
Large, Complex Commercial Disputes. The arbitration venue will be Chicago, Illinois, except if: (i) your principal place
of business is in Europe, the venue will be London, UK; and (ii) your principal place of business is in Asia, Australia or
New Zealand, the venue will be Singapore, Republic of Singapore. The arbitration will be conducted before a panel of
three (3) arbitrators. Each arbitrator will be an individual with substantial commercial transactional experience of at
least fifteen (15) years in a corporate or judicial legal setting. The arbitration panel will be selected as follows: the
Parties will request a list of ten (10) arbitrators drawn from the AAA's panel of commercial arbitrators (who are
experienced in and familiar with the AAA's Procedures for Large, Complex Commercial Disputes). From this list, both
Parties will each choose one arbitrator. After they have been notified of their panel selection, the two (2) arbitrators
will agree on a third arbitrator from the list of ten (10), who will be the chair of the panel, and the panel will be final.
The decision of the majority of the arbitrators will be the panel's decision. The arbitrators will not have the authority to
add, change, or disregard any term of this GSA or any Service Agreement entered into pursuant to this GSA, award
incidental, consequential, or punitive damages (including, but not limited to, loss of use, unjust enrichment, and/or lost
profits), or exceed the remedies provided by Section 10 above, or the limitation of liability and release and waiver
described in Sections 10 and 12 above. The panel's decision will be binding and judgment on the arbitration award
may be entered by a court of competent jurisdiction. Arbitration will be the final remedy for any dispute between the
Parties arising out of this GSA or any Service Agreement entered into pursuant to this GSA, provided, however, that
nothing herein shall prevent any Party from seeking a court order for injunctive relief (in addition to other remedies) to
stop or prevent misuse or misappropriation of its Marks, confidential or proprietary information, or infringement of its
intellectual property, in a court of law. All arbitrations shall be conducted in English.
20. Notice. Any notice to you must be made by hand delivery, courier service, mail, electronic mail or facsimile at your
principal place of business. Any notice to us or any other UL Company must be made by hand delivery, courier
service, electronic mail, U.S. mail or facsimile c/o UL LLC, Attention: General Counsel, 333 Pfingsten Road,
Northbrook, Illinois, 60062, U.S.A. Notices will be effective upon receipt.
21. Severability. If any provision of a Service Agreement is held invalid, void, or unenforceable, the remainder of the
Service Agreement will not be affected, and each remaining provision of the Service Agreement will be valid and
enforced to the full extent permitted by law.
22. Governing Law/Jurisdiction. This GSA, any Service Agreement entered into pursuant to this GSA and any
Services provided under any such Service Agreement will be governed by the laws of the State of Illinois, United
States of America, without reference to its choice of law principles. You acknowledge that you may be purchasing
Services from UL Contracting Parties located both inside and outside of your home country, that UL Companies in
other countries are third party beneficiaries of many of your agreements, and that we and you have a shared interest
in a single uniform governing law for all Service Agreements in order to achieve greater predictability in our
relationships.
23. Insurance. We reserve the right to require you to produce evidence that you maintain satisfactory insurance
coverage for the purpose of meeting any third party liability.
24. Survival of Terms. The provisions in a Service Agreement that by their nature prescribe continuing rights and
obligations shall survive the termination of the Service Agreement, including the following provisions of this GSA:
Sections 3 (Scheduling, Pricing and Payment Terms); 4 (Your Information); 5 (Confidential Information); 8 (UL Name
or Marks, including provisions in any Service Terms that relate to the Marks;); 10 (Client Remedies); 11 (Third Party
Claims); 12 (Release and Waiver); 14 (Our Documentation); 17 (Third Party Beneficiaries); 18 (Waiver or
Modification); 19 (Dispute Resolution); and 22 (Governing Law/Jurisdiction).
25. English Language. All documentation relating to a Service Agreement will be in English. Any translations of a
Service Agreement provided to you are for your convenience only and, in all cases, the English version will govern.
26. Complete Agreement. Unless otherwise provided in Section 27 of this GSA, each Service Agreement will constitute
the complete and fully integrated understanding between the Parties with respect to our performance of Services.
The applicable Service Terms take precedence over any conflicting provisions in a Quotation, Project Confirmation or
this GSA. Under no circumstances will any preprinted, additional, or different terms or conditions on your requests for
Quotation, purchase orders, invoices, sales or marketing materials, or other business documents apply to
any Services, modify any Service Agreement or bind us.
27. Effect on Prior Agreements. "Prior Agreements" means agreements to provide Services to you effective prior to
January 1, 2012 with: (i) Underwriters Laboratories Inc. other than research pursuant to government and other grants,
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development and distribution of safety standards (either directly or through an agent), education of the public on
safety issues, distribution of grants to other organizations, advocacy for consumer protection and such activities
related to such activities; (ii) UL de Argentina S.r.l. performed under a Global Service Agreement; (iii) Underwriters
Laboratories of Canada Inc.; (iv) UL International Services B.V.; (v) UL India Pvt. Ltd.; or (vi) UL do Brasil Ltda.
a. Except as provided in subparagraph (b) below, your Prior Agreements are terminated as of the Effective Date.
For any Follow -Up Services that you are currently receiving, your execution of this GSA creates new separate
Service Agreement(s) for Follow -Up Services with the applicable UL Contracting Party based on your
Manufacturing Location. If your Manufacturing Location for a Covered Product is in: (i) one of the fifty states of
the United States or the District of Columbia, your applicable UL Contracting Party will be UL LLC; (ii) Argentina,
your UL Contracting Party will be UL de Argentina S.r.l.; (iii) Brazil, your UL Contracting Party will be UL do Brasil
Ltda.; (iv) Canada, your UL Contracting Party will be Underwriters Laboratories of Canada Inc.; (v) India, your
UL Contracting Party will be UL India Pvt. Ltd.; or (vi) anywhere else, your UL Contracting Party will be UL AG.
More than one separate Service Agreement for Follow -Up Services may be formed. Each such separate Service
Agreement for Follow -Up Services will be effective on the Effective Date and incorporates the terms of this GSA
and the Follow -Up Service Terms. The terms "Manufacturing Location" and "Covered Product" are defined in the
Follow -Up Service Terms.
b. Any services, except Follow -Up Services, that you previously ordered but that have not been completed
(work -in -process) as of the Effective Date will continue to be governed by your Prior Agreements and any existing
Quotation or Project Confirmation.
c. Agreements with Underwriters Laboratories Inc. for research pursuant to government and other grants,
development of standards for testing for public safety and advocacy for consumer protection and with UL de
Argentina S.r.l. for services performed under an agreement other than a Global Services Agreement will remain in
effect.
28. Additional UL Contracting Parties. Any UL Company, whether currently in existence or formed at a later date,
which is not a party to this GSA may enter into a GSA with you in the form of this GSA by agreeing in writing to accept
the terms of this GSA and submitting such signed agreement to us.
29. Electronic Signature. This GSA and Service Agreements may be executed and delivered by facsimile, PDF or by
means of other electronic signature and such facsimile. PDF or other electronic signatures will be deemed to be valid
and original.
30. Force Majeure. Neither Party shall be liable for any failure or delay in the performance of its obligations due to fire,
flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorder, rebellions, or other
similar cause beyond the reasonable control of the Party affected, provided that such default or delay could not have
been prevented by reasonable precautions and cannot reasonably be circumvented, and, provided further, that the
Party hindered or delayed immediately notifies the other Party describing the circumstances causing the delay. This
provision shall not act to delay or defer the payment of any sums which may be due and owing.
YOU AGREE TO THE TERMS OF THIS GSA AND WARRANT THAT YOU HAVE MADE NO ALTERATIONS TO ITS TEXT,
UNLESS SET FORTH SEPARATELY IN AN ADDENDUM THAT HAS BEEN EXECUTED BY US. YOU REPRESENT AND
WARRANT THAT THE UNDERSIGNED IS AUTHORIZED TO EXECUTE THIS GSA ON BEHALF OF THE CLIENT NAMED BELOW.
UL Contracting Parties
City of Seward Fire Department
(Client's Full Legal Name)
Signature of Authorized Representative of Client
Name: Sajeev Jesudas Name:
Signature of Authorized Representative of
Title: all UL Contractina Parties Title:
Page 5 of 5
UL In -Service Testing
2017 Price Sheet
Aerial Ins iii in Services: „,,,,,,„,
Annual Aerial Inspection
$2,156.00 (each)
Annual with Non -Destructive Testing (NDT)
$2,500.00(each)
Aerial Re -Inspection*
$145.00 per Hour ($815.00 Min Fee)
*Note: The above re -inspection pricing is only valid when there is other work scheduled in
the area. Special trips for re -inspection will be priced on travel time and expenses.
Bronto, Schwing, and Metz (2 Day
Inspection)
(each) for Annual Test
N2760.00
,197.00 (each) for Annual Test with NDT
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Price (Per Foot)
$3.67 per linear foot
Heat Sensor Labels
$2.85 (each)
Minimum Fee (See Note Below)
$1,065.00
Note: Minimum Fee Waived If Pump or Aerial is Tested with Ground Ladders in
consecutive days.
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1 Pump Test
$1,535.00
2 Pump Tests
$880.00 (each)
3 Pump Tests
$570.00 (each)
4 or more Pump Tests
$550.00 (each)
Generator (See Note Below)
$100.00 (each)
Note: If the vehicle has a fixed power source (generator) that takes its power off of the
same engine that drives the pump and was built after 1996, the generator must be run at
50% of the Power Source Specification Label (PSSL) or the generator nameplate if no
PSSL is present.
What sets UL apart?
• Accredited to ISO 17020
• UL Field Representatives certified as Level II NDT to ASNT CP-189
• Local UL Field Representatives
• Dedicated to Public Safety and the Fire Safety Industry for over 118 years
• The leading US Safety Certification Organization.
Information regarding each of our services is provided below.
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UL offers an Annual Aerial Inspection Service, with optional Non -Destructive Tests
(NDT). All inspections and tests are conducted in accordance with
NFPA Standard 1911; "Standard for the Inspection, Maintenance, Testing and
Retirement of In -Service Automotive Fire Apparatus."
The Annual Aerial Inspection Service includes, but is not limited to, a load test, all
operational tests, water tests, and the hydraulic fluid analysis.
Non -Destructive Tests (NDT) when conducted in conjunction with the Annual Aerial
Inspection includes: ultrasonic, magnetic particle, visual and dyepenetrant
inspection where applicable.
Our Annual Aerial Inspection Services are aimed at helping fire departments across
the country keep their equipment in serviceable condition.
A level area with electricity and water should be available for the inspection.
UL PERSONNEL ARE NOT AUTHORIZED TO OPERATE FIRE
DEPARTMENT AERIALS. A trained and qualified operator MUST be available
during the aerial testing.
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Ground ladders are tested in accordance with NFPA Standard 1932;
"Standard on Use, Maintenance, and Service Testing of In -Service Fire
Department Ground Ladders."
UL Field Representatives are equipped to test up to 500 feet of ground ladders per
day.
amm
In-service pumps are tested in accordance with NFPA 1911; "Standard for the
Inspection, Maintenance, Testing and Retirement of In -Service Automotive Fire
Apparatus."
UL has fully equipped trailers with a 3000-gallon portable water tank and associated
equipment that provide for ease of testing at your fire department or local
designated facility.
UL Field Representatives are equipped to inspect up to 4 pumps in one day.
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After completion of our work, a copy of our inspection and test Report will be
provided to you.
If the equipment is found to comply with the applicable requirements, UL will also
issue a Certificate.
Although a Certificate is not required by the aforementioned NFPA Standards, this
service is provided by UL. If non -compliant items are found during an inspection, a
re -inspection would be required in order to obtain a Certificate.
We know that you rely on this apparatus to protect your fire fighters and your
community. Let UL utilize our experience, training and equipment to provide you with
the most comprehensive fire apparatus inspection services in the industry.