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HomeMy WebLinkAbout2023-094 PO 20240045- National Hose Testing Specialties Inc r• 4 ! 1 Fr • Purchase Order 1 Far ' ci yAll Evil Fiscal Year 2024 Page: 1 of: 1 •B City of Ashland ," ik �r ! _kr�_-_-'_--z-2.-_-.....------7-t `4•g-_ _ - ATTN: Accounts Payable L Purchase 20240045 L 20 E. Main � Order# Ashland, OR 97520 T Phone: 5411/552-2010 O Email: payable@ashland.or.us V H C/O Fire and Rescue Department ENATIONAL HOSE TESTING SPECIALTIES, INC 1 455 Siskiyou Blvd D PO BOX 1024 p Ashland, OR 97520 O DALLAS, OR 97338 Phone: 541/482-2770 R . T Fax: 541/488-5318 M Todd Stubbs -Iz - _�— �=�I� l��ts�e ! 6= a.=_s� a_I>5^ _ =� 8t= I�t t �n. �� milaAiL -..:-...71,11[:: �ql=to{tA�mii[=!a°� - -- — -- — _ -- == 08/01/2023 _ 2170 FOB ASHLAND OR/NET30 City Accounts Pa able - ____ -7 --a1,:r.._ €eE$T�;s1LM €•`7a'—=- 'M�3"=. . _ ta-. agLafvJ-M -1 a! ter-.irg am_'` ¢r11:IYSSP m Fire Hose& Ladder Testing 1 NFPA 1932 Annual Fire Hose and Ladder Testing 1.0 $5,000.00 $5,000.00 FY 2024- Estimate$5,000 Project Account: .. 2 FY 2025- Estimate.$5,000 1.0 $5,000.00 $5,000.00 Project Account: 3 ADDED: FT 2026.-Estimate$5,000 I 1.0 $0.01 $0.01 Project Account: . ' . *************** GL SUMMARY*************** I I. 071200-604100/ $10,000.01 I I v I . i • I pi _ , 1 By:`�1 Date: s- _ --�-=. AA �� 10 000.01 uthor zed ignatu i a e _1:77,t �__ FORM #3ei2)./ CITY of ASHLAND A requesuor a Purchase Order y 4( ,- REQUISITION .Date of request: 06/01/2023 Required date for delivery: Vendor Name National Hngn Tasting Spari2Ities,Inr Address,City,State,Zip PO Box 1024,Dallas OR 97338 A---1--.6).--e 1---(C.-- Contact Name&Telephone Number Bob Evans 503-623-7424 ; / v Email address anna@nhts.com • SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: 0 Invitation to Bid , . 0 Form#13,Written findings and Authorization ❑ AMC 2.50 pate approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached •^(Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) ; Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council:_ Contract# . (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ® Sole Source Agency GOODS&SERVICES ® Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ® Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval • 0 Annualcostto City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES . . TOTAL COST ' NFPA 1932 Annual Fire Ladder&Hose Testing—3 year Contract $ - • • Item# Quantity Unit • Description of MATERIALS Unit Price Total Cost FY 2024—October 2023 Est$5000.00 FY 2025—October 2025 Est$5000.00 FY 2026—October 2026 , Est$5000.00 • I •® Per attached quotelproposal . ;TOTAL COST.,. $15,000.00,• Project Number _ — — Account Number 071200-604100 ' Account Number - Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately,reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. ,; (Sfr„.= i De artment Head: '•Employee:_7.pexazP ' \ (Equal to or greater than$5,000) Department Manager/Supervisor: 4) City Manager: (Greater than$35 000) • Funds appropriated for current fiscal year: NO Fnance Director-(Equal rgreater than$5,000) 0 r' Comments: - Form#3-Requisition • CITY OF FORM#5 ASHLAND ik,E.sn�? CE D,E�TUB°+ 0 ATMIUN Ego DATG.: w0r"5r DISEROMES ss than $110:000 To: Ralph Sartain, Fire Chief From: Todd Stubbs, Ashland Fire&Rescue Date: 07/19/2023 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F),the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract:S15,000 Total. $5000 a year for 3 years Project name: Hose and Ladder Testing Description of goods and services: Required annual NFPA hose and ladder testing. All structural fire hose and ground ladders tested on site. Background: This sole source justification applies to the purchase of ground Madder and fire hose testing NFPA 1962 requires fire departments to annually test this equipment. National Hose Testing Specialties (NHTS) has been the only reliable contractor we have found to test this equipment. • Form#5-Sole Source—Goods and Services—Less than$100,000,Page 1 of 2,7/19/2023 Findings:, • • [The findings below must include factual information supporting the determination]. Market Research Overall finding: NHTS is the only contractor that we have found that could test and reload our hose properly and on time. [In accordance with ORS 279B.075, these are the examples of findings that should be addressed Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can be addressed. The findings are as follows.] Pursuant to ORS 279B.075(2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. N/A . i Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075(2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. N/A • Form#5-Sole Source—Goods and Services—Less than$100,000,Page 2 of 2,7/19/2023 GOODS AND SERVICES AGREEMENT (LESS THAN $35,000) CONTRACTOR: National Hose Testing Specialties,Inc. CITY OF CONTACT: Bob Evans,President ASHLAND 20 East Main Street ADDRESS: PO Box 1024,Dallas,OR 97338 Ashland,.Oregon.97520 Telephone: 541/488-5587 PHONE: 503-623-9422 Fax: 541/488-6006 • EMAIL: nancy@nhts.com This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and National Hose Testing Specialties, Inc., a domestic business corporation ("hereinafter "Contractor"), to provide a 3-year agreement for fire hose and ground ladder annual testing. 1. CONTRACTOR'S OBLIGATIONS 1.1 Provide a 3-year agreement for fire hose and ground ladder annual testing•as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Contractor expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Contractor shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and e Automobile Liability; and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a"claims made" form, and shall: • • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; e Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; O Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage,and, taken together, they provide total coverage from the first dollar of liability; O Contractor shall immediately notify the City of any change in insurance coverage. Page 1 of 5: Goods and Services Agreement between the City of Ashland and National Hose Testing Specialties,Inc. { • Contractor shall supply an endorsement naming the City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Contractor shall, at its own expense, maintain Worker's Compensation Insurance in compliance with ORS 656.017,which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Contractor agrees that no person shall, on the grounds of race, color,religion, creed, sex,marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer ;discrimination in the performance of this Agreement when employed by Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,.rules and regulations. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business,a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.11,0. 1.5 In all solicitations either by competitive bidding or negotiation made by Contractor for work to.be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractors of the Contractor's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more, Contractor is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Contractor is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Contractor shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Contractor shall be fully responsible for the acts or omissions ofany assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between • the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Contractor the fees (cost per foot) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Contractor's total of all compensation andlreimbursement under this Agreement exceed the sum of$15,000.00($5,000 per year for 3-year agreement)without express,written approval from the City official whose signature appears below, or such official's successor in office. Contractor expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that anyauthorization from the responsible official must be in writing. Contractor further acknowledges that any Work delivered or expenses incurred without.authorization as provided herein is done at Contractor's own risk and as a volunteer without expectation of compensation or reimbursement. Page 2 of 5: Goods and Services Agreement between the City of Ashland'and National Hose Testing Specialties,Inca • 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Contractor and is free to procure similar types of goods and services from other Contractors in its sole discretion. 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate, so as to effectuate this choice of venue. 3.8 Contractor shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims,suits,actions,losses,damages,liabilities,costs,and expenses of any nature resulting from, arising out of, or relating to the activities of Contractor or its officers, employees,contractors,or agents under this Agreement. 3.9 .Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts, accidents,or other events beyond the control of the other or the other's officers,employees or agents. 3.10 If any provision of this Agreement is found by a court'of competent jurisdiction to be unenforceable, • such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to.the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Contractor and the City set forth in this Agreement. • 3.11 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price,as negotiated.If Contractor does not cure any defects within a reasonable time, the'City may reject the Goods and cancel this. Page 3 of 5: Goods and Services Agreement between the City of Ashland and National Hose Testing Specialties,Inc. • , • Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72(UCC). 3.13 Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Contractor shall transfer all.warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are,by this reference, expressly incorporated in this Agreement as EXHIBIT B and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • National Hose Testing Specialties,Inc.—3 Year Fire Hose Testing Agreement. • National Hose Testing Specialties,Inc.—3 Year Ground Ladder Testing Agreement 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4;1. 5. REMEDIES 5.1 In the event Contractor is in default of this Agreement, City may,at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Contractor has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. ' I 5.2 In no event shall City be liable to Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor exceed the amount due, Contractor shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date")and shall continue in full force and effect until December 31,2025,unless sooner terminated as provided in Subsection 6.2. • 6.2 Termination . 6.2.1 The City and Contractor may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty (30) days' prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement,with cause, by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. Page 4 of 5: Goods and Services Agreement between the City of Ashland and National Hose Testing Specialties,Inc. • 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested,postage prepaid,to the address set forth below: If to the City: Ashland Fire&Rescue Attn: Todd Stubbs,Battalion Chief • 455 Siskiyou Blvd. • • Ashland, Oregon 97520 Phone: (541)482-2770 With a copy to: j City of Ashland—Legal Department 20 E.Main Street Ashland, OR 97520 Phone: (541)488-5350 • If to Contractor: National Hose Testing Specialties,Inc. Attn: Bob Evans,President PO Box 1024 Dallas,OR 97338 Phone: 503-623-9422 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. CONTRACTOR'S COMPLIANCE WITH TAX LAWS 9.1 Contractor represents and warrants to the City that: 9.1.1 Contractor shall,throughout the term of this Agreement,including any extensions hereof,comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (iii) Any rules, regulations, charter provisions, or,ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Contractor, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; • (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Contractor; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions, Page 5 of 5: Goods and Services Agreement between the City of Ashland and National Hose Testing Specialties,Inc. • . • 92 Contractor's failure to comply with the tax laws of the State of Oregoni and all applicable tax'laws of any political subdivision of the State of Oregon shalt constitute a material breach of this Agreement. Further,any violation of Contractor's warranty,as set:.forth in this Article 9,shall constitute a material breach of this Agreement. Any material breach Of this Agreement-shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. • IN WITNESS WHEREOF the parties have•cdused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set.forth.below. CITY OF ASHLAND: NATIONAL HOSE TESTING SPECIALTIES,INC. By, ( By: at,ietiViANIVWittf7* Signature a attire{'��/� N• Printed Name • Printed Name Ch76 r . tYvrsy Title • • Title j2-1243 /O/V; • D le Date • W- is to be submitted with this signed Agreement). • "G'91 • Purchase Order No. • • • • • • • Page S otS: Goods and Services Agreement between the City of Ashland and National Hose Testing Specialties,Inc. • • • • EXHIBIT A • ,C It T'Y ,o IF •A S 1H.IL A N; a,, O IR E Z'O IN • • City of Ashiafld • • LIVING • • ALL ierptoye:rs described! ;"AGE • flow must comply with City of Ashlandlaws regulating • payerat.of.a living wage. • $t&1!2 per hours effective June 30s 2023 • rill The Living lege is adjusted annually every June 30 by the Consumer Price Index. • • Employees must be paid a portion ofthe business off of healthcare,retinentent„ their employer,if the 1N,and IRS eligible • living wag el employe?has tern or more cafeteria plans cmcludinn employees,and has rem nildcare)benefits to ife • Foe a�boyars worked under a financial assistance for the eaplc ee's amount of wages. project orhusiness from the service contract hettiteen their of Ci employer arra the Cil of City Mend Quer r Note: For teamporary and Ashland if the contract5' �� pari Mme ernp ' rny?ees,the • e ends*25.33515yr aavar . Lifeng�Wagealoesriot a:,�Iy if their employer is tEs City of toythe fast 1040 hours worked Far all hogs worked in a Ashland,I udin the Parks in any calendar year. For nada,corsif the woremployeedin and Recreation Department. mote details,pfease-see . • spends 5035 or more of the • .AshlandMunicipal �e In calculating t • employee's time in that month employers trying wage, Section 112.02 P wiling on a project as • employers may add the value { For additional Information: Call the Ashland City Manager's office at 5f1-488-5002 or write to the City Manage?,. City&fall,20 East Main a Street,Ashland,OR 97520,or visit the Citys website at www.ashlantor.0&: Notice to Eiruploy ars: The notice must be posted in areas where it can be seen by all ernptayeea • CITY OF . ASHLAND • • • Page 7 of 5: Goods and Services Agreement between the City of Ashland and National Hose Testing Specialties,Inc. �i EXHIBIT B �� -----r— - ., National Hose Testing Specialties, Inc. 3yr. FIRE HOSE TESTING AGREEMENT (2023,2024,2025) WWW.NHTS.COM ' Date issued: 4,LE • - Dept. ID -MIN This a reement is entered into b and between National Hose Testing Specialties,Inc.,a corporation(hereinafter known as,National)and "Ashland Fire&Rescue" a municipal corporation,district or political subdivision of the State,of' o (hereinafter known as,Department). ;HIS ROG'1MENT'MUST'BE SIG E®AND kETI�JRNFDRRiOR 70 00 SERVreE TEST`DATE 1. Department hereby engages National and National agrees to unload,pressure test,re-load,conduct physical inspections and to provide test documentation on the fife hoses of Department per Department's Special Instructions, if any, and according to the National Fire Protection Association 1962 Standard for the Care, Use, Inspection,Service Testing and Replacement of Fire Hose,Couplings and Nozzles and Fire Hose Appliances, utilizing the 2018 Edition,or current edition,(hereinafter known as,NFPA Standard). • i a. National shall conduct a physical inspection,prior to pressure testing,as specified in the NFPA Standard. All hoses failing physical inspection shall be identified and tagged for removal from service,without being pressure tested.Department shall be responsible to store or discard any hose tagged by National.If Department elects to place back into service any hose tagged.by National,Department shall be responsible for service testing the hose prior to placing it back into service. b. National shall conduct service pressure test in accordance with Chapter 4 of NFPA Standard,'2018 Edition. c. National shall service test all attack fire hose to a minimum of 300 psi and all supply fire hose to a minimum of 200 psi regardless of manufactured date unless • specified differently by Department.See"Department's Special Instructions"for requested test pressure changes.National shall not test any hoses higher than 400 • psi,this being agreed with the Department,by the signing of this agreement. d. National shall inspect all apparatus after completion of testing and reloading for accuracy as found or requested by department prior to releasing to Department. e. Department shall inspect all hose loads and connections on all apparatus prior to placing back into service. f. National,within thirty(30)days of completed service,shall deliver to Department final test documentation.Documentation provided electronically,to include date of test,service test pressure,diameter,length,hose identification number,and test results as to'each length of hose.'A hard copy of summary reports for all hoses tested, . available upon request. . g. National shall provide hydrostatic equipment required to perform Department's hose test. . h. Department shall provide National a suitable location for performance of the service test. The location shall include an adequate water source for National's hydrostatic equipment,which water shall be provided by Department. • i. Department shall make available to National all hoses to be tested at the time and place established for the conduct of the service testing and shall.disclose to National any known defects or dangerous conditions therein. . j. Department will assemble any specialty hose packs(i.e.,gnass packs,forestry packs)following testing by National. 2. The service test date(s)will be established by agreement between the parties. ' 3. Based on the footage estimate provided,Department agrees to pay National as cents per foot,times 00 6 feet; with actual hose tested per documentation being used for billing which may increase or decrease final invoice. 4. Fire hoses handled by National that are to be removed from apparatus or service at the Department's request due to age or other factors and not pressure tested•will'be subject to Alma,per foot handling fee.Full payment is due upon delivery by National of its final test documentation.• 5. To the extent of any limitation on liability for public bodies under state law,Department agrees to release and to defend,indemnify and hold National harmless from any claims,liabilities,demands,damages or actions for property damage,personal injury or death,and any claims incident thereto,including attorney fees and costs incurred in defense thereof,arising out of or relating to the failure for any reason of any hose tested and certified by National unless it can be established by clear and convincing evidence that National breached its obligation to test said hose and accurately report the result thereof in accordance with the terms of this contract and that said hose was not,as of the date tested,in fact capable of withstanding the standard test pressure established by the said NFPA Standard when tested according to the procedures therein. . . 6. In the event of suit or litigation arising out of or relating to this agreement,the prevailing party in such action shall be entitled to recover judgment for its reasonable attorney fees as may be awarded by the Court in which such suit or action is tried,heard,or decided,and any appeal there from. . DEPARTMENT'S SPECIAL INSTRUCTIONS: 7. National will not be bound by any of Departments Special Instructions unless it has agreed to be bound and signed or initialedl the Special Instructions prior to testing. If agreed,National shall return an initialed copy to Department. 1 • Dated this al day of June , 2023 Dated this 1 day of . ,20 NATIONAL HOSE TESTING SPECIALTIES,INC. • AUTHORIZED DEPARTMENT REPRESENTATIVE ' • BOB EVANS Signature Signature Bob Evans,President • Title: Return to:National Hose Testing Specialties,Inc.,P.O.Box 1024,Dallas,OR 97338 or fax to(503)623-7424 or email to anna ainhts.com • Note: The terms of this agreement are void if not signed and returned within three months of date of issue(sign&submit copy to National). A Convenience Fee of 2.5%will be assessed on the total payment amount for credit&debit transactions. NHTS FORM—505—Revised 6/2/23 • • i EXHIBIT B "fro' National Hose Testing Specialties, Inc. . • WWW.NHTS.COM 3yr. GROUND LADDER TESTING AGREEMENT • (2023,2024,2025) • • Date issued:ma aff Dept. 11a# • This agreement is entered into b and between National Hose Testing Specialties,Inc.,a corporation(hereinafter known as,National)and 'Ashland Fire&Rescue' a municipal corporation,district or political subdivision of the State of req (hereinafter known as,Department). HlS DOCUMENT EIRBE:'SI N I)'AND.RE� TURNED RRIORfi0,Y0UR� RUtft ST=DAtTEj 1. Department hereby engages National and National agrees to conduct physical inspection,horizontal bending test,roof hook test,hardware test,and to provide test , documentation on the ground ladders of Department, per Department's Special.Instructions(if any)and according to the National Fire Protection Association 1932 Standard for the Use,Maintenance,and Service Testing of In-Service Fire Department Ground Ladders,2020 Edition,or current edition(hereinafter known as,NFPA Standard). a. National shall conduct a visual inspection, as specified in Chapter 6.1.3 of NFPA Standard.All ladders failing visual inspection shall be tagged for removal of service or repaired by Department. • b. National shall conduct service testing in accordance with Chapter 7 of NFPA Standard.Service testing will be as specified in Chapter 7.1 of NFPA Standard unless Department specifies altered service testing. (See Department's Special Instructions). c. National shall inspect and replace heat sensors as in Chapter 6.2.10.1. d. National,within thirty-(30)days of completed service,shall deliver to Department final test documentation.Documentation to include but not limited to the Ground Ladder record information as in Chapter 7.1.7. Documentation provided electronically includes summary reports for all ground ladders tested and in inventory.Hard copy and CD available upon request. e. National shall provide service-testing equipment required to perform Department's ground,ladder service test. .f. Department shall provide National a suitable location for performance of the service test. • g. Department shall make available to National all ground ladders to be tested at the time and place established for the conduct of the service testing and shall disclose to National any known defects or dangerous conditions therein. h. Department shall be responsible for all repairs deemed necessary in accordance with manufacturer's instructions, as specified in Chapter 6.1.4.2 of NFPA Standard. . . • i. National shall inspect all apparatus after completion of testing and reloading for accuracy as found or requested by department prior to releasing to Department. j: Department shall inspect all apparatus prior to placing back into service. 2. The service test date(s)will be established by agreement between the parties. • 3. Based on the footage estimate provided,Department agrees to pay National per foot,times g� feet; with actual footage tested per documentation being used for billing. Full payment is due upon delivery of final test documentation by National. 4. Department agrees to pay National for heat sensor labels installed based on the following cost each:ACE per label plus any state and local sales tax as required. 5. To the extent of any limitation on liability for public bodies under state law,Department agrees to release and to defend,indemnify and hold National harmless from • any claims,liabilities,demands,damages or actions for property damage,personal,injury or death,and any claims incident thereto,including attorney fees and costs incurred in defense thereof,arising out of or relating to the failure for any reason of any ladder tested by National unless it can be established by a preponderance of the • evidence that National breached its obligation to test said ladder and accurately report the result thereof in accordance with the terms of this contract and that said ladder was not,as of the date tested,in fact capable of withstanding the standard test established by the said NFPA Standard when tested according to the procedures therein. • 6. In the event of suit or litigation arising out of or relating to this agreement,the prevailing party in such action shall be entitled to recover judgment for its reasonable attorney fees as may be awarded by the Court in which such suit or action is tried,heard,or decided,and any appeal there from. DEPARTMENT'S SPECIAL INSTRUCTIONS: • 7. National will not be bound by any of Department's Special Instructions unless it has agreed to be bound and signed or initialed the Special Instructions prior to testing. If agreed,National shall return an initialed copy to Department.214 i Dated this day of wile �D�� Dated this day of ,20 NATIONAL HOSE TESTING SPECIALTIES,INC, AUTHORIZED DEPARTMENT REPRESENTATIVE BOB EVANS Signature Signature Bob Evans,President Title: Return to:National Hose Testing Specialties,Inc.,P.O.Box 1024,.Dallas,OR 97338 or fax to(503)623-7424 or email to anna@nhts.com Note:•The terms of this agreement are void if not signed and returned within three months of date of issue(sign&submit copy to National). A Convenience Fee of 2.5%will be assessed on the total payment amount for credit&debit transactions. • NHTS FORM—507—Revised 6/2/23 EXHIBIT B V of (� i ;. r National Hose Testing Specialties, Inc. F9'1�..�_I J ' _� Western Division P.O.Box 1024-Dallas,OR 97338(503)623-9422 DEPARTMENT INFORMATION`SHEET Please return the signed agreement(s) and THIS completed page to: Mail: National Hose Testing Fax:(503)623-7424 Email:nancv@nhts.com Specialties, Inc. P.O. Box 1024 °r or Dallas, OR 97338 i ' Department Name: Ig1.115 dlFirte a ARescu Fire Chief: Walph Sarfair Phone: 5;41=402477d Email: yralph Sartain@asfiland orjs Todd;Stubbs �. Primary Contact for Services/Scheduling: "- — ----- Title: Title: Battalion'chiief Contact Telephone#1: 541-482=2770 Contact Telephone#2: X41=821=8033 Contact Email: ;foddtubbs@astilandor:us Test Site Address: M6,0shIand Si, City/State: kt land;:OR tinily_Matlock Send Invoices to the Attention: — - ' Email Address: pr 4y atiocli ashl'aodo_or Contact Telephone#: 4w14 82.=2770 tVOdd'Stubbs Send Documentation to the Attention: —�—` —` Email Address: tpdd?stubIggashland:or_us Contact Telephone#: 541=482=2770 Optional Info: Additional Email: Department Website: Additional Contact(1)and Telephone#: l Additional Contact(2)and Telephone#: PO#(if applicable) Payment: Full payment is due upon delivery by NHTS,Inc. of its final test documentation. A Convenience Fee of 2.5% will be assessed on the total payment amount for credit&debit transactions. i Acceptance Please review,sign and send the agreement(s)for the services you wish to schedule, unless you are currently in a multi-year agreement.We will contact you to set up a test date and discuss any further questions you may have. Date:7/19/23 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ AE(MM/ D/ YY) t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), • AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT:lithe certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT _ NAME: Blake Ewing(730726E) PHONE FAX 120 S Center St (A/C,NO,EXT):503-767-7777 (A/c,No):971-239-1630 • E-MAIL ' • Sublimity OR 97385-9847 ADDRESS: bewing@farmersagent.com .• INSURER(S)AFFORDING COVERAGE NAIC# INSURED - INSURER A: Truck Insurance Exchange 21709 INSURER B: Farmers Insurance Exchange 21652 NATIONAL HOSE TESTING • INSURER c: Mid Century Insurance Company 21687 PO BOX 1024 . • INSURER Co: INSURER E: DALLAS OR 97338 • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY • REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE • POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDTL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ . DAMAGE TO RENTED $ CLAIMS-MADE OCCUR PREMISES(Ea Occurrence) . • MED EXP(Any one person) $ _ ' PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ • POLICY I I PROJECT H OTHER: LOC • PRODUCTS-COMP/OPAGG $ AUTOMOBILE LIABIUTY • _ COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS SCHEDULED • B X ONLY AUTOS • BODILYINJURY(Peraccident)$ Y N 034905746 12/01/2022 . 12/01/2023 _ HIRED AUTOS X NON-OWNED PROPERTY DAMAGE X ONLY AUTOS ONLY • (Peraccident) • $ • $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ ' EXCESS LIAR • CLAIMS-MADE AGGREGATE• $ DED RETENTION$ $ r • WORKERS COMPENSATION PER OTHER $ ' AND EMPLOYERS'LIABILITY 1 STATUTE • ANY PROPRIETOR/PARTNER/ Y/N N/A E.L.EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER ' — EXCLUDED?(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF E.L.DISEASE-POLICY LIMIT $ • OPERATIONS below • 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) . CERTIFICATE HOLDER IS ALSO ADDITIONAL INSURED . i • CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 20 E.MAIN ST. - DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE/WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v . , ' • /Z..( ' e/ZPJ2. ASHLAND OR 97520 ACORD 25(2016/03) ©.1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 .11-15 The ACORD name and logo are registered marks of ACORD • • • AC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) • • 8/3/2023 THIS CERTIFICATE IS fSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES . BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. •If SUBROGATION IS WAIVED, subject-to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). . PRODUCER ' CONTACT - ' -NAME:World Insurance Associates, LLC • PHONE FAX 656 Shrewsbury Ave iAlc.No.Exti:732-380-0900 (AIC.No): E-MAISuite 200 ADDRESS: ' Tinton Falls NJ 07701 INSURER(S)AFFORDING COVERAGE NAIC# License#:BR-961573 INSURER A:Evanston Insurance Company 35378 INSURED • NATIHOS-o1 INSURER B:Hiscox Insurance Company Inc. , 10200 National Hose Testing Specialties Inc Bob Evans INSURER C: s. P.O. Box 1024 INSURER D: 1572 SE Howe Street INSURER E: Dallas OR 97338 • • • INSURER F: • COVERAGES CERTIFICATE NUMBER:1604550652REVISION NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO.WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND.CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE ' ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERALLIABILITY Y '3FF7022 • 8/8/2022 8/8/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) • $100,000 ' . MED EXP(Any one person) $5,000 • - • PERSONAL&ADV INJURY $ GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $2,000,000 • X POLICY JET LOC PRODUCTS-COMP/OP AGG $ -• $ OTHER: • AUTOMOBILE LIABILITY - • COMBINED SINGLE LIMIT $ (Ee accident) _ ANY AUTO BODILY INJURY(Per person) $ ' OWNED SCHEDULED • . • BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS 1 • HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) ' . $ UMBRELLA LIAB — OCCUR • EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ • WORKERS COMPENSATION PER OTH- • • AND EMPLOYERS'LIABILITY STATUTE ER . ANYPROPRIETOR/PARTNER/EXECUTIVE Y� NIA E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , B Professional Liability MPL2295029.22 8/1/2023 ' 8/1/2024Each Claim $1,000,000 . . $5,000 retention Aggregate $2,000,000 , Retro Date 8/1/2018 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) . City of Ashland is an additional insured when required by written contract as per Form MEGL 0009 0918 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • • .' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN , f ACCORDANCE WITH THE POLICY PROVISIONS. . • City of Ashland • 20 E. Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 . I • • • ©1988-2015 ACORD CORPORATION. All rights reserved. • ' ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD . J •.. 1. COMMERCIAL GENERAL LIABILITY POLICY NUMBER:3FF7022 • • • MARKED EVANSTON INSURANCE COMPANY • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium:$250 (Check box if fully earnedXD Please refer to each Coverage Form to determine which terms are defined.Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any.person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to"bodily injury","property damage" (including"bodily injury"and"property damage"included in the"products-completed operations hazard"),.and"personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only • . with respect to.any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any"employee"of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured,the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the valid written contract or agreement; or trp 2. Available under the applicable limits of insurance shown in the Declarations; • whichever is less. This endorsement.shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009-01 0918 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. www.s4i1.com • 4, S g • Wrk • Lifoe. . ' Ore on. Oregon Workers Compensation Certificate of Insurance • Mail to: Certificate holder: • NATIONAL HOSE TESTING SPECIALTIES INC CITY OF ASHLAND PO BOX 1024 • DALLAS, OR 97338-1058 i The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. V Insured Producer/contact National Hose Testing Specialties Inc V SAIF Corporation, PO Box 1024 V SAIF Corporation Dallas,Or 97338-1058 Issued . 08/03/2023 Limits of liability V Policy 483186 V Bodily Injury by Accident $1,000,000 each accident Period 06/01/2023 to 06/01/2024 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit Description of operations/locations/special items ,. Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This V certificate does not constitute a contract between the issuing insurer,authorizedrepresentative or producer and the V certificate holder. V • • Authorized representative eAt• Chip Terhune • . ' •V President and CEO • • if •• • • • • • 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy OLCA_CertificateOMsurance • F:503.584.9812 • r • • • • • N.«' x . ..-u .. '" ._.., ,..., r, . ..� z-�.._. .�., Mfr. �..