2012-22 CONTRACTOR AGREEMENT FOR
EQUIPMENT RENTAL
THIS AGREEMENT, made and entered into this (5 d ay of 11 HZ.0 li 2012,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY "), and RING POWER CORPORATION, (hereinafter
referred to as "CONTRACTOR ").
WHEREAS, Volusia County, Flonda issued ITB No.: 09- B -52V0 for rental equipment;
WHEREAS, based on CONTRACTOR's response, Volusia County entered into an
Agreement with CONTRACTOR which currently is in effect until September 30, 2012;
WHEREAS, CITY desires to utilize the CONTRACTOR's contract with Volusia County
in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the
terms and conditions of Volusia County ITB No.: 09- B -52VO.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish rental equipment as requested by CITY by purchase
order and as described in Volusia County ITB 09- B -52VO, which is attached hereto and
incorporated herein as Exhibit "A" and shall do everything required by this Agreement
and the other Agreement Documents contained in the specifications, which are a part of
these Documents. Provided, however, that nothing herein shall require CITY to purchase
or acquire any items or services from CONTRACTOR. To the extent of a conflict
between this Agreement and the CITY's Purchasing Policy and Exhibit "A ", the terms
and conditions of this Agreement and the CITY's Purchasing Policy shall prevail and
govern.
ARTICLE II - THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set
forth in the Agreement documents and the Unit Price Schedule an amount in accordance
with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated
herein.
ARTICLE III — TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and
shall remain in effect until May 31, 2012, unless terminated as provided for
herein. At the option of CITY, this Agreement may be extended thereafter for
two (2) additional terms, each not to exceed one (1) year.
1
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors;
d) CONTRACTOR fails to comply with any of the conditions of provisions of
this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted
pnor to the effective date of termination.
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all equipment and related services in the timeframe as
set forth in the applicable purchase order.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make
payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly
certified and approved payment invoice by the CITY for items provided and accepted by
the CITY.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in Clermont, Lake County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
2
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Flonda Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage Insurance -
The CONTRACTOR shall require each of his subcontractors to procure and maintain
during the life of this subcontract, insurance of the type specified above or insure the
activities of his subcontractors in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property
(other than the Work itself) , and (2) is caused in whole or in part by
any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
3
or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or
employees by any employee of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII - NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: Ring Power Corporation
401 North Tomoka Farms Road
Daytona Beach, FL 32124
CITY: City of Clermont
Attn: Wayne Saunders, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
4
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, in whole or in part, without the prior written
consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this agreement shall be Lake County, Flonda.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. CONTRACTOR expressly understands and acknowledges that any and
all documents related to the services provided herein, may be considered records
that are subject to examination and production in accordance with Florida's
Public Records Law. CONTRACTOR expressly agrees that it will comply with
all requirements related to said law and that it will hold CITY harmless, including
attorney fees and litigation costs, for any such disclosure related to Florida's
Public Records Law.
ARTICLE X - AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this
Agreement as if herein repeated.
5
Document Precedence:
1. This Agreement
2. Purchase Order
3. CITY's Purchasing Policy
4. All documents contained in Volusia ITB No.: 09- B -52VO.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ACA day of y4191 ( . 2012.
City of Clermont
Vii►
o 1S. Turville, Jr., Mayor
Attest:
,e,/
Tracy Ac ' . yd, City Cl-
Ring Power Corporation
By: i 9..,_
<E 17W F A R (it, W e t ri0F
Printed Name & Title
Attest:
c'
Corporate Secretary
(Name Printed or Typed)
6
EXHIBIT A
September 17, 2009 AGENDA ITEM Item 16
[ ] Ordinance I[ ] Resolution I[ /Budget Resolution I[ X ] Other
Department: Public Works File Number: VC- 1251902257813 -A
Division: Administrative Services
Subject: Award of bid for rental equipment.
Account Number(s): County Wide N/A for $0.00
Total Item Budget: N/A
Staff Contact(s): George Recktenwald Phone: 386- 736 -5965 ext. 2207
Summary /Highlights:
The county received six responses, shown on the attached tabulation sheet, to an
invitation to bid provision of rental equipment. The bid includes both large equipment,
such as graders, excavators and tractors; and small equipment, such as water pumps
utilized during emergency situations. The equipment is utilized by road and bridge, solid
waste, mosquito control, and land acquisition and management divisions. The
estimated annual expenditure is $200,000. Due to the assortment of needs, staff
recommends award to all respondents for a period of three years, renewable for two
additional one year periods upon council approval. The respondents are as follows;
Ring Power, Daytona Beach; Flagler Construction Equipment, Orlando; Nortrax
Equipment, Orlando; Florida Contractor Rental, Daytona Beach; Acme Dynamics, Plant
City; and Meyers Industrial Equipment Services, Jacksonville.
Recommended Motion:
Approval.
George Recktenwald OMB Legal Marcy Zimmerman
Director
Public Works County Manager's Office
`rrietytiL.,.
. er,
Jearnene Jennings (7-x;
Director' '`
Purchasing _/e if Approved Agenda Item
No Signature Present For
Approved as to Approved as to September 17, 2009
Budget Requirements Form and Legality
Council Action: Modification:
[X] Approved as Recommended
[] Approved With Modifications
[] Disapproved
[] Continued Date:
SUBMIT TO:
COUNTY OF VOLUSIA ��
PURCHASING & CONTRACTS �
123 W. INDIANA AVE., RM. 304 11
DELAND, FL 32720 -4608 Volusia County INVITATION TO BID
CONTACT PERSON FLORIDA
Vlad Opreanu 386- 626 -6624
DELAND 386 - 736 -5935
DAYTONA BEACH 386 - 257 -6000 AN EQUAL
NEW SMYRNA BEACH 386 - 423 -3300 OPPORTUNITY www volusia org /purchasing
EMPLOYER
TITLE NUMBER SUBMITTAL DEADLINE
Rental Equipment 09- B -52V0 August 12, 2009
PRE BID DATE, TIME AND LOCATION
Volusia County Purchasing and Contracts Conference Room 301, Third
Floor, 123 West Indiana Avenue, DeLand, FL, 32720 -4608, at 1:30 p.m., SUBMITTALS RECEIVED AFTER ABOVE DATE
AND TIME WILL NOT BE CONSIDERED
local time, on Wednesday July 29, 2009.
FIRM'S NAME
The vendor acknowledges that information provided in this bid is true
MAILING ADDRESS and correct
CITY — STATE — ZIP
X
TELEPHONE NO
Authorized Signature
FAX NO
Typed Name
FEDERAL ID NO OR SOCIAL SECURITY NO
Title Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE
GENERAL CONDITIONS AND INSTRUCTIONS
* * * * PLEASE READ CAREFULLY * * * *
Individuals covered by the Amencans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the Volusia County
Purchasing and Contracts Division shall contact the Division office in DeLand, (386) 736 -5935, at least five (5) days pnor to the scheduled opening or meeting
1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope 5. CLARIFICATION /CORRECTION OF ENTRY: The County of Volusia
or package The invitation number, title, and opening date shall be clearly displayed reserves the nght to allow for the clarification of questionable entnes and the correction of
on the outside of the sealed envelope or package The delivery of responses to the OBVIOUS MISTAKES
Volusia County Purchasing and Contracts Division Office pnor to the specified date
and time is solely and strictly the responsibility of the offeror Any submittal received 6. INTERPRETATION /ADDENDA: Any questions concerning conditions and
in the Purchasing and Contracts Division Office after the specified date and time will specifications shall be directed to the designated contact person Those interpretations
not be considered which may affect the eventual outcome of the invitation/offer shall be furnished in wasting
to prospective offerors
Responses shall be submitted on forms provided by the County Additional
information may be attached to the submittal Facsimile submissions are NOT No interpretation shall be considered binding unless provided in wnting by the County of
acceptable No offer may be modified after acceptance No offer may be withdrawn Volusia Purchasing and Contracts Division in the form of an addendum Any addenda
after opening for a penod of ninety (90) days unless otherwise specified issued shall be acknowledged by signature and retumed with offeror's response
2. EXECUTION OF OFFER: Offer shall contain a manual signature in the Failure to acknowledge addenda may result in the offer not being considered
space(s) provided of a representative authorized to legally bind the offeror to the
provisions therein All spaces requesting information from the offeror shall be 7. INCURRED EXPENSES: This invitation does not commit the County to make an
completed Responses shall be typed or printed in ink Use of erasable ink or pencil is award nor shall the County be responsible for any cost or expense which may be incurred
not permitted Any correction made by the offeror to any entry must be initialed
by any respondent in re anti and submitting a reply, or any cost or expense incurred b
Y Y P prepanng g g Y P by
any respondent pnor to the execution of a purchase order or contract agreement
3. OPENING: Opening shall be public in the Volusia County Purchasing and
Contracts Division immediately following the advertised deadline date and time for 8. DISADVANTAGED BUSINESSES. The County of Volusia, Florida, has adopted
receipt of submittals Pursuant to Section 1 1907(3) (0) Florida Statutes (1991) no policies which assure and encourage the full participation of Disadvantaged Business
further information regarding offers submitted will be made public until such time of Enterpnses (DBE) in the provision of goods and services Further, the County of Volusia
intended award or ten (10) days, whichever is earlier will monitor the DBE program with respect to the goals as established by County Council
4. PUBLIC RECORD: The County of Volusia, Flonda, is governed by the Public 9. LOCAL BUSINESSES: The County Council has established a policy encourage
Record Law, Chapter 119, Flonda Statutes tY P Y to g
pamcipation of Volusia County businesses in the provision of goods and services The
County will endeavor to assist local businesses to achieve this goal
CONTINUED ON NEXT PAGE
1
10. PRICING: Unless otherwise specified prices offered shall remain firm for a period services, including use by the County of Volusia If the supplier /provider uses any
of at least sixty (60) days, all pncing of goods shall include FOB DESTINATION, all design, device, or matenals covered by letters, patent, copynght, or registration, it is
packing, handling, shipping charges and delivery to any point(s) within the County to a mutually agreed and understood without exception that the quoted pnce shall include
secure area or inside delivery, all pnces of services shall include all expenses necessary all royalties or costs ansing from the use of such design, device, or materials in any
to provide the service at the location specified way involved
11. ADDITIONAL TERMS & CONDITIONS: The County of Volusia reserves 23. TRAINING: Unless otherwise specified suppliers/providers may be required at the
the right to reject offers containing terms or conditions contradictory to those requested convenience of and at no expense to the County to provide training to County
in the invitation specifications personnel in the operation and maintenance of any item purchased as a result of this
invitation
12. TAXES: The County of Volusia is exempt from Federal Excise Taxes and all sales
taxes Flonda State Exemption Certificate No 74 -07- 059158 -53C 24. ACCEPTANCE: Products purchased as a result of this invitation may be tested for
compliance with specifications Items delivered not conforming to specifications may
13. DISCOUNTS: All discounts except those for prompt payment shall be considered be rejected and retumed at bidder's expense Those items and items not delivered by
in determining the lowest net cost for evaluation purposes the delivery date specified in accepted offer and/or purchase order may be purchased
on the open market Any increase in cost may be charged against the bidder
14. MEETS SPECIFICATIONS: The offeror represents that all offers to this
invitation shall meet or exceed the minimum requirements specified 25. SAFETY WARRANTY: Any awarded supplier /provider including dealers,
distributors, and/or manufacturers shall be responsible for having complied with all
15. BRAND NAME OR EQUAL: If items requested by this invitation have been Federal, State, and local standards, regulations, and laws concerning the product or
identified in the specifications by a Brand Name "OR EQUAL" descnption, such service specified, and the use thereof, applicable and effective on the date of
identification is intended to be descriptive and not restnctive and is to indicate the manufacture or use or date in service including safety and environmental standards as
quality and charactenstics of products that will be acceptable Offers proposing apply to both pnvate industry and governmental agencies
"equal" products will be considered for award if such products are clearly identified in
the offer and are determined by the County to meet fully the salient charactenstic 26. WARRANTY: The offeror agrees that, unless otherwise specified, the product
requirements listed in the specifications and/or service furnished as a result of this invitation and award thereto shall be covered
by the most favorable commercial warranty the offeror gives to any customer for
Unless the offeror clearly indicates in his/her offer that he /she is proposing an "equal" comparable quantities of such products and/or services and that the nght and remedies
product, the offer shall be considered as offering the same brand name product provided herein are in addition to and do not limit any nghts afforded to the County of
referenced in the specifications Volusia by any other provision of the invitation/offer
If the offeror proposes to furnish an "equal" product, the brand name of the product to 27. AWARD: As the best interest of the County may require, the County reserves the
be furnished shall be clearly identified The evaluation of offers and the determination nght to make award(s) by individual item, group of items, all or none, or a combination
as to equality of the product offered shall be the responsibility of the County and will thereof, on a geographical basis and/or on a countywide basis with one or more
be based on information furnished by the offeror The Purchasing and Contracts suppliers) or provider(s), to reject any and all offers or waive any irregularity or
Division is not responsible for locating or secunng any information which is not technicality in offers received Offerors are cautioned to make no assumptions unless
identified in the response and reasonably available to the Purchasing and Contracts their offer has been evaluated as being responsive Any or all award(s) made as a
Division To insure that sufficient information is available the offeror shall furnish as result of this invitation shall conform to applicable ordinances of the County of
part of the response all descriptive material necessary for the Purchasing and Contracts Volusta, Flonda
Division to determine whether the product offered meets the salient characteristics
required by the specifications and establish exactly what the offeror proposes to furnish 28. VIOLATIONS: Any violation of any of the stipulations, terms, and/or conditions
and what the County would be binding itself to purchase by making an award listed and/or Included herein may result in the offeror/bidder being removed from the
County Bid list and the offeror/bidder being disqualified from doing business with the
16. SAMPLES: When required, samples of products shall be furnished with response to County for a period of time to be determined on a case -by -case basis
the County at no charge Samples may be tested and will not be returned to the offeror
The result of any and all testing shall be made available upon wntten request 29. For purposes of this Invitation and evaluation of responses hereto the following shall
apply unit pnces shall prevail over extended pnces, wntten matter shall prevail over
17. SILENCE OF SPECIFICATIONS: The apparent silence of these typed matter, numbers spelled in word form shall prevail over Arabic numerals ( "one"
specifications or any supplemental specifications as to details or the omission from over "1 ") When not inconsistent with context words used in the present tense include
same of any detailed descnption concerning any point, shall be regarded as meaning the future, words in the plural number include the singular number, and words in the
that only the best commercial practices are to prevail and that only materials of first singular number include the plural number The word "shall" is always mandatory and
quality and correct type, size, and design are to be used All workmanship shall be first not merely directory
quality All interpretations of specifications shall be made upon the basis of this
statement 30. DEFINITIONS:
18. GOVERNING LAWS: Any agreement to purchase resulting from this invitation COUNTY — The term "County" herein refers to the County of Volusta,
shall be governed by the laws, regulations, and ordinances of the State of Flonda and
Florida, and its duly authorized representatives and any jurisdiction within Volusia
the County of Volusia, Florida Venue shall be non-jury in the Circuit Court of County
Volusia County, Flonda
19. ASSIGNMENT: Any agreement to purchase Issued pursuant to this invitation and OFFEROR — The term "offeror used herein refers to any dealer,
award thereof and the monies which may become due hereunder are not assignable manufacturer, representative, distributor, or business organization submitting an offer
except with the prior wntten approval of the County Director of Purchasing and to the County in response to this invitation
Contracts BIDDER — The term "bidder" used herein refers to any dealer, manufacturer,
representative, distributor, or business organization that will be or has been awarded a
20. CONTENT OF INVITATION/RESPONSE: The contents of this invitation,
all terms, conditions, specifications, and requirements included herein and the accepted contract and/or purchase order pursuant to the terms and conditions of the invitation
and awarded response thereto may be incorporated into an agreement to purchase and and accepted offer
become legally binding Any terms, conditions, specifications, and/or requirements
specific to the item or service requested herein shall supercede the requirements of the USING AGENCY — The term "using agency" used herein refers to any
"GENERAL CONDITIONS AND INSTRUCTIONS " department, division, agency, commission, board, committee, authonty, or another unit
in the County government using supplies or procunng contractual services as provided
21. LIABILITY: The supplier /provider shall hold and save the County of Volusta, its for in the Purchasing Ordinance of the County of Volusta, Florida
officers, agents, and employees harmless against claims by third parties resulting from
breach of contract or negligence by the supplier /provider HEAVY DUTY - The item(s) to which the term "Heavy Duty" is applied
shall exceed the usual quality and/or capacity supplied with standard production
22. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier /provider,
equipment and shall be able to withstand unusual strain, exposure, temperature, wear
and use
without exception, shall indemnify and save harmless the County of Volusia, its
officers, agents and employees from liability of any nature of kind, including cost and
expenses for or on account of any copynghted, registered, patented, or unpatented
invention, process, or article manufactured or used in the provision of goods and/or
THE COUNTY OF VOLUSIA RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS,
TO WAiVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER
AS MAY BE DEEMED TO BE IN THE BEST INTEREST OF THE COUNTY
2
Bid 09- B -52V0
TABLE OF CONTENTS
1.0 SCOPE OF WORK 5
1.1 Locations 5
1.2 Assortment 5
1.3 Condition of equipment 5
1.4 Delivery 5
1.5 Rental penod as follows 5
1.6 Fuel 5
1.7 Operators 6
1.8 New models, upgrades 6
1.9 Pricing 6
2.0 GENERAL TERMS & CONDITIONS 6
2.1 Bid Closing Date 6
2.2 Proposed Schedule 6
2.3 Delivery of Bids 7
2.4 Pre -Bid Conference 7
2.5 Public Bid Opening 7
2.6 Bid Submittal Form 8
2.7 Questions Concerning Bid 8
2.8 Clarification and Addenda 8
2.9 Award 9
2.10 Definition of Responsive and Responsible for this Bid 9
2.11 Other Agencies 9
2.12 F.O.B. Point 10
2.13 Assignment 10
2.14 Contract 10
2.15 Disclosure of Bid Content 10
2.16 Bidder's Responsibility 11
2.17 Payment Terms 11
2.18 Special Conditions 12
2.19 Certificates 12
2.20 Minor Irregularities 12
2.21 Sovereign Immunity 12
2.22 Licenses, Certificates, and Permits 12
2.23 Insurance 13
2.24 Safety 14
2.25 Governing Law and Venue 14
2.26 Additional Terms 15
2.27 Award Term 15
2.28 Wage Price Redetermination 15
2.29 Price Redetermination - Fuel 16
2.30 Price Redetermination 17
2.31 Unusual Costs 17
2.32 Deviations 18
2.33 Material Safety Data Sheet 18
2.34 Waiver of Claims 18
2.35 Termination / Cancellation of Contract 18
2.36 Termination for Default 19
Rental Equipment Page 3 of 35
Bid 09- B -52V0
2.37 Termination for County's Convenience 19
2.38 Incurred Expenses 19
2.39 Minimum Specifications 19
2.40 Compliance with Laws and Regulations 19
2.41 Indemnification of County 20
2.42 Records & Right to Audit 20
2.43 Change in Scope of Work/Service 20
2.44 Modifications Due to Public Welfare or Change in Law 21
2.45 Right to Require Performance 21
2.46 Force Majeure 22
2.47 Bidder's Personnel 22
2.48 Claim Notice 23
2.49 Contract/Bidder Relationship 23
2.50 Damages to Rental Equipment 24
2.51 Disadvantaged Business Enterprise Program 24
2.52 Damages 24
2.53 Liquidated Damages 24
2.54 Conflict of Interest Form 24
2.55 Definitions 25
3.0 SUBMITTAL REQUIREMENTS 26
4.0 BID SUBMITTAL FORM 28
5.0 REFERENCES 30
6.0 CONFLICT OF INTEREST FORM 31
7.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY
VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION 32
8.0 PROOF OF EXEMPTION 33
9.0 HOLD HARMLESS AGREEMENT 34
Rental Equipment Page 4 of 35
Bid 09- B -52V0
The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Rental
Equipment for the County of Volusia, Flonda.
1.0 SCOPE OF WORK
The County of Volusia is seeking qualified vendor(s) authorized and licensed to provide
rental of heavy equipment. A full list of requested equipment has been provided on
Attachment A. Not all items listed are required to be bid.
1.1 Locations
The contract that results from this ITB shall be used by all County Departments; locations
shall vary throughout Volusia County.
1.2 Assortment
All equipment shall be readily available for rental purposes, and on hand at the time of
the award.
1.3 Condition of equipment
All equipment shall be in good condition upon delivery, and throughout the term of
rental. It shall be the responsibility of the vendor to insure equipment is well maintained
and make any necessary repairs prior to the rental of the equipment. If equipment should
break down during the rental period, it is the responsibility of the vendor to replace,
repair, or trade out equipment at the vendor's expense.
1.4 Delivery
All items shall be bid with delivery and transportation costs included in the price. If
there is any incentive for departments picking up and returning equipment, please notate
this on the proposal sheet.
1.5 Rental period as follows
a. Daily- Eight (8) work hours.
b. Weekly- Five (5) working days or Forty (40) working hours.
c. Monthly- Twenty two (22) working days or One - hundred seventy-six (176) working
hours.
1.6 Fuel
Volusia County will provide fuel for operation of off -road type equipment and trucks,
and will return equipment with the same level of fuel as when received. This shall be
notated at the time of delivery and signed by both parties. Suppliers of over the road type
equipment and trucks shall furnish their own fuel, at no additional cost to the County.
Rental Equipment Page 5 of 35
Bid 09- B -52V0
1.7 Operators
There may be occasion where an operator shall be requested for the rental. Notate this
cost in the appropriate section of the bid proposal.
1.8 New models, upgrades
As equipment models are upgraded and replaced with new models, these shall also
replace the outgoing models in the bid. If there is a new cost to the rental of the upgraded
equipment, this shall be communicated to the using department, in writing, prior to the
change in equipment.
1.9 Pricing
a. All pricing shall be submitted on Attachment A. The County is requesting daily,
weekly, and monthly rates for all equipment submitted.
b. Alternatives to the equipment listed will be accepted for review. Any alternative
submitted shall include detailed technical specifications. Acceptance of alternative
equipment will be at the discretion of the County Project Manager
c. Additional percentage discount off regular rental rate for similar equipment may be
submitted for each category. Any bidder that submits a discount percentage shall also
attach a minimum of three examples for each section to be considered. All examples
shall include technical specifications, regular rental rate, and the final price that will
be charged to the County. The final price shall encompass all costs associated with
the rental for daily, weekly, and monthly rates.
2.0 GENERAL TERMS & CONDITIONS
2.1 Bid Closing Date
Bids must be received by the Volusia County Purchasing and Contracts Office, Room
304, Third Floor, 123 West Indiana Avenue, DeLand, FL, 32720 -4608, no later than
3:00 p.m., local time, on Wednesday, August, 12, 2009. Bids received after this time
will not be considered.
2.2 Proposed Schedule
July 15, 2009 Invitation to Bid Available
July 29, 2009 Pre -bid Conference
August 12, 2009 Bid Closing Date
September Planned Award Date
Rental Equipment Page 6 of 35
Bid 09- B -52V0
2.3 Delivery of Bids
All Bids shall be sealed and delivered or mailed to (faxes /e -mails will not be accepted):
County of Volusia, Flonda
Purchasing and Contracts Office, Room 304
123 West Indiana Avenue, 3rd floor
DeLand, Florida 32720 -4608
Mark package(s) "Bid #09- B -52VO, Rental Equipment"
Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS,
etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to
Room 304, in the Purchasing and Contracts Office on the third (3rd) floor at the above
address. To be considered, a Bid must be received and accepted in the Purchasing
and Contracts Office before the Bid closing date and time.
2.4 Pre -Bid Conference
A. A pre -Bid conference will be held in the Purchasing Conference Room, 123 W.
Indiana Avenue, 3rd Floor, DeLand, FL, at 1:30 p.m., local time, Wednesday,
July 29, 2009. While this is not mandatory, all interested parties are encouraged
to attend and participate.
B. In accordance with the Amencans with Disabilities Act and Section 286.26,
Florida Statutes, persons with disabilities and who need special accommodations
to participate in the proceedings should contact the Volusia County Purchasing
and Contracts Office in DeLand with a wntten request at least two (2) business
days pnor to the meeting date. Facsimiles are acceptable and may be sent to
386 - 736 -5972.
2.5 Public Bid Opening
A. The Bids will be available for inspection during normal business hours in the
Purchasing and Contracts Office within ten (10) days of the closing date, by
appointment (Florida Statute 119.071 (1) (b)).
B. A copy of the completed Bid tabulation will be available on the Purchasing and
Contracts Division web page at http:// vcservices .vcgov.org/bidlistnetl within 10
(ten) days of the closing date.
C. In accordance with the Americans with Disabilities Act and Section 286.26,
Florida Statutes, persons with disabilities and who need special accommodations
to participate in the proceedings should contact the Volusia County Purchasing
and Contracts Office in DeLand with a written request at least two (2) business
days prior to the meeting date. Facsimiles are acceptable and may be sent to
386 - 736 -5972.
Rental Equipment Page 7 of 35
Bid 09- B -52V0
2.6 Bid Submittal Form
A. See Submittal Requirements for complete details
Note: It is not necessary to return every page of this document with the bid
proposal; return only the pages that require signatures or information.
B. Each bidder shall submit eight (8) complete sets of the Bid Submittal:
• One (1) hard copy marked "ORIGINAL"
• Six (6) hard copies marked "COPY"
• One (1) COMPLETE electronic copy on a CD in PDF format (Excel
spreadsheets shall not be recorded in PDF).
Note the solicitation number and name of company on the disk.
DO NOT SEND CONFIDENTIAL INFORMATION,
PROPRIETARY INFORMATION, OR TRADE SECRETS
C. The Invitation to Bid page and the Bid Submittal Form must be signed by an
official authorized to legally bind the bidder to all bid provisions.
D. Terms and conditions differing from those in this Bid shall be cause for
disqualification of the Bid Submittal.
2.7 Questions Concerning Bid
A. Questions concerning any portion of this Bid shall be directed in writing or by
e -mail to the Procurement Analyst named below, who shall be the official point of
contact for this Bid. Questions should be submitted at least seven (7) days pnor
to the closing date.
B. Mark cover page or envelope(s) "Questions on Bid # 09- B -52VO, Rental
Equipment"
C. Submit questions to:
Vlad Opreanu, Procurement Analyst
Telephone 386 - 626 -6624
Fax: 386- 736 -5972
E-mail vopreanu(d,co volusiafl.us
2.8 Clarification and Addenda
A. It is incumbent upon each bidder to carefully examine all specifications, terms,
and conditions contained herein. Any inquiries, suggestions, or requests
concerning interpretation, clarification, or additional information shall be made in
writing, (facsimile transmissions acceptable at 386- 736 -5972) through the
Procurement Analyst named above. The County will not be responsible for any
oral representation(s) given by any employee, representative, or others. The
Rental Equipment Page 8 of 35
Bid 09- B -52V0
issuance of a written addendum is the only official method by which
interpretation, clarification or additional information can be given.
B. If it becomes necessary to revise or amend any part of this Bid, notice may be
obtained by accessing our web site. The bidder in the Bid Submittal must
acknowledge receipts of amendments. Each bidder should ensure that all
addenda and amendments to this Bid have been received BEFORE
submitting the Bid. Check the Volusia County web site for any addenda at
http:// vcservices .vcgov.org /bidlistnetl.
2.9 Award
The County reserves the right to award the contract to the bidder(s) that the County
deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this
solicitation. The County is therefore not bound to accept a bid on the basis of lowest
price. In addition, the County has the sole discretion and reserves the right to cancel this
Bid, to reject any and all bids, to waive any and all informalities and/or irregularities, or
to re- advertise with either the identical or revised specifications, if it is deemed to be in
the best interest of the County to do so. The County also reserves the right to make
multiple awards based on expenence and qualifications or to award only a portion of the
items and/or services specified, if it is deemed to be in the County's best interest.
2.10 Definition of Responsive and Responsible for this Bid
Each bid submittal shall be evaluated for conformance as responsive and responsible
using the following critena:
A. Proper submittal of ALL documentation as required by this bid. (Responsive)
B. The greatest benefits to Volusia County as it pertains to: (Responsible)
1. Total Cost
2. Delivery
3. Item availability
4. Past Performance. In order to evaluate past performance, all bidders are
required to submit a list of references / relevant projects completed within the
last 3 years that are the same or similar in magnitude to this ITB.
5. All technical specifications associated with this bid.
Bidders are reminded that award may not necessarily be made to the lowest bid. Rather,
award will be made to the lowest responsive, responsible, bidder whose bid represents the
best overall value to the county when considering all evaluation factors.
2.11 Other Agencies
A. All bidders awarded contracts from this Bid may, upon mutual agreement, permit
any municipality or other governmental agency to participate in the contract under
the same prices, terms, and conditions, if agreed to by both parties.
Rental Equipment Page 9 of 35
Bid 09- B -52V0
B. It is understood that at no time will any city, municipality, or other agency be
obligated for placing an order for any other city, municipality, or agency; nor will
any city, municipality, or agency be obligated for any bills incurred by any other
city, municipality, or agency. Further, it is understood that each agency will issue
its own purchase order to the awarded bidder(s).
2.12 F.O.B. Point
The F.O.B. point for this contract and for all purchases made under it shall be as specified
by the using department (in accordance with the Bid Submittal Form), in Volusia County,
Florida. Delivery will not be complete until the using department has accepted each item.
Delivery to a common carrier shall not constitute delivery to the ordering agency. All
disputes shall be between the seller/bidder and the carrier.
2.13 Assignment
The awarded bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any
award or of any of its rights, title, or interests therein, without the prior written consent of
the County of Volusia, Director of Purchasing and Contracts. County Council shall
approve any requests for assignments and/or sub - letting of leasing contracts prior to
responding to such requests.
2.14 Contract
A. The contents of this Bid and all provisions of the successful proposal deemed
pertinent by the County may be incorporated into a contract and become legally
binding. A separate contract document, other than the purchase order, will not be
issued.
B. The Director of Purchasing and Contracts, County Manager, and County Chair
are the sole Contracting Officers for the County of Volusia, Florida, and only they
or their designee are authonzed to make changes to any contract.
C. The County shall be responsible for only those orders placed by the County on an
authonzed signed Purchase Order or Pnce Agreement. The County shall not be
responsible for any order, change, substitution, or any other discrepancy from the
Purchase Order or Price Agreement. If there is any question about the
authenticity of a Purchase Order, Pnce Agreement, or change order, the bidder
should promptly contact the Purchasing and Contracts Office at 386 - 736 -5935.
2.15 Disclosure of Bid Content
A. All material submitted becomes the property of the County and may be returned
only at the County's option. The County has the nght to use any or all ideas
presented in any reply to this Bid. Selection or rejection of any Bid Submittal
does not affect this right.
B. The County of Volusia, Florida, is governed by the Public Record Law, Chapter
119, Florida Statutes (F.S.).
Rental Equipment Page 10 of 35
Bid 09- B -52V0
2.16 Bidder's Responsibility
The bidder, by submitting a Bid, represents that:
A. The bidder has read and understands the Invitation to Bid in its entirety and that
the Bid is made in accordance therewith, and;
B. The bidder possesses the capabilities, resources, and personnel necessary to
provide efficient and successful service to the County, and;
C. The Bidder has made all investigations and examinations necessary to ascertain
site and/or local conditions and requirements affecting the full performance of the
contract and to verify any representations made by the County of Volusia, Flonda,
upon which the bidder will rely. If the bidder receives an award because of its
Bid Submittal, failure to have made such investigations and examinations will in
no way relieve the bidder from its obligations to comply in every detail with all
provisions and requirements of the contract, nor will a plea of ignorance of such
conditions and requirements be accepted as a basis for any claim by the bidder for
additional compensation or relief.
D. The Bidder will be held responsible for any and all discrepancies, errors, etc., in
discounts or rebates which are discovered dunng the contract term or up to and
including three (3) fiscal years following the County's annual audit.
2.17 Payment Terms
A. The County will remit full payment on all undisputed invoices within 30 (thirty)
days from receipt by the appropnate person(s) (to be designated at time of
contract) of the invoice(s) or receipt of all products or services ordered.
B. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to
exceed one percent (1 %) per month on all undisputed invoices not paid within
30 (thirty) days after receipt of the entire order of the commodity or service AND
a properly completed invoice, whichever is later.
C. The County has the capability of Electronic Transfer of Funds (ETF). List any
discounts for prompt payment and/or willingness to accept Electronic Transfer of
Funds (ETF) and the discount to be applied to such payments.
D. By submitting a Bid (offer) to the County of Volusia, Florida, the bidder
expressly agrees that, if awarded a contract, the County may withhold from any
payment monies owed by the bidder to the County for any legal obligation
between the bidder and the County including, but not limited to, real property
taxes, personal property taxes, fees, and commissions.
Rental Equipment Page 11 of 35
Bid 09- B -52V0
2.18 Special Conditions
These County facilities are administrative facilities that provide services to the Volusia
County public and any agencies that it serves. As such, activities in all buildings are
critical to the provisioning of services to the public and shall not be interrupted by the
bidder's work activities.
2.19 Certificates
The County reserves the right to require proof that the bidder is an established business
and is abiding by the ordinances, regulations, and laws of their community and the State
of Florida, such as but not limited to: Business Tax Receipts, Business Licenses, Flonda
Sales Tax Registration, Federal Employers Identification Number.
2.20 Minor Irregularities
The County reserves the right to waive minor irregularities in Bid Submittals, providing
such action is in the best interest of the County. Minor irregularities are defined as those
that have no adverse effect on the County's best interests, and will not affect the outcome
of the selection process by giving the bidder an advantage or benefit not enjoyed by other
bidders.
2.21 Sovereign Immunity
The County expressly retains all rights, benefits, and defenses of sovereign immunity in
accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in
any section of this Agreement to the contrary, nothing in this Agreement shall be deemed
as a waiver of immunity of limits of liability of the County beyond any statutory limited
waiver or immunity of limits of liability which may have been adopted by the Florida
Legislature or may be adopted by the Flonda Legislature and the cap on the amount and
liability of the County for damages regardless of the number or nature of claims in tort,
equity, or contract shall not exceed the dollar amount set by the legislature for tort.
Nothing in this section shall be deemed to relieve the County from paying for services
rendered by Contractor. Nothing in this Agreement shall inure to the benefit on any third
party for the purpose of allowing any claim against the County, which would otherwise
be barred under the Doctrine of Sovereign Immunity or operation of law.
2.22 Licenses, Certificates, and Permits
A. The County reserves the right to require proof that the respondent is an
established business and is abiding by the ordinances, regulations, and laws of
their community and the state of Florida, such as but not limited to: Business Tax
Receipts, business licenses, Flonda sales tax registration, Federal Employers
Identification Number, AND;
B. If a license is required, the respondent shall be licensed to perform the required
work in accordance with the laws of the State of Flonda and local ordinances.
Respondent shall also verify that his/her subcontractors are licensed to perform
the work in accordance with the laws of the State of Florida and local ordinances.
Rental Equipment Page 12 of 35
Bid 09- B -52V0
2.23 Insurance
The bidder shall secure and maintain, at its sole cost and expense during the contract
term, the following insurance:
• Commercial General Liability — in the amount of $3 million aggregate / $1 million
per occurrence. (policies shall be occurrence based)
• Liability — Auto, in the amount of $100,000/300,000 / Any Auto
• Products Liability in the amount of $1 million aggregate / $1 million per occurrence
(all policies shall be occurrence based)
• Workers Compensation — As required by Florida law.
All insurance policies shall be issued by insurers licensed to do business in the State of
Flonda and any insuring firm is required to have a minimum rating of A -, Class VIII, in
the "Best Key Rating Guide" published by A.M. Best & Firm,
Requirements for bidders that qualify for an exemption under the Flonda Worker's
Compensation law in Chapter 440 Florida Statutes are detailed below:
Incorporated or unincorporated firms with fewer than four employees shall be required to
sign a Hold Harmless Agreement relieving the County of liability in the event they and/or
their employees are injured while providing goods and/or services to the County. Bidders
shall certify the number of employees, inclusive of owner /operators.
Incorporated or unincorporated firms with four or more employees shall be required to
provide a copy of their "Notice of Election to be Exempt ", along with valid proof of
coverage for non - exempt employees.
The Hold Harmless Agreement mentioned above shall be returned with the bid
proposal as detailed in the Submittal Requirements, if required.
The County reserves the right to request a copy of the complete insurance policy(ies) and
any endorsements for the insurance referenced above. A certificate of insurance
indicating that the bidder has coverage in accordance with the requirements herein set
forth shall be furnished by the bidder to the County Representative prior to the execution
of the contract and annually upon renewal thereafter. The Bidder shall either cover any
subcontractors and /or independent contractors on its policy or require the
subcontractors to obtain coverage to meet all requirements for insurance contained
herein.
Bidder agrees that County will make no payments pursuant to the terms of the contract
until all required proof or evidence of insurance has been provided to the County
Representative. Bidder agrees that the insurer shall waive its rights of subrogation, if
any, against the County on Commercial General Liability and Workers Compensation
insurance coverage. The ACORD certificate of Liability Insurance, with endorsements
Rental Equipment Page 13 of 35
Bid 09- B -52V0
shall be completed by the authorized Resident Agent and returned to the Purchasing and
Contracts Office. This certificate shall be dated and show:
A. The name of the insured bidder, the specified job by name, name of the insurer,
the number of the policy, its effective date and its termination date.
B. Statement that the Insurer will mail notice to the County at least 30 (thirty) days
prior to any material changes in provisions or cancellation of the policy.
C. County shall be named as an additional insured on Commercial General
Liability Insurance.
Loss Deductible Clause: The County shall be exempt from, and in no way liable for, any
sums of money that may represent a deductible in any insurance policy. The payment of
such deductible shall be the sole responsibility of the bidder and/or sub - consultant
providing such insurance.
2.24 Safety
The bidder shall take the necessary precautions and bear the sole responsibility for the
safety of the methods employed in performing the work. The bidder shall at all times
comply with the regulations set forth by federal, state, and local laws, rules, and
regulations concerning "OSHA" and all applicable state labor laws, regulations, and
standards. The bidder shall indemnify and hold harmless the County from and against all
liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs)
which may be imposed on the County because of the bidder, sub - contractor, or supplier's
failure to comply with the regulations.
2.25 Governing Law and Venue
All legal proceedings brought in connection with this Contract shall only be brought in a
state or federal court located in the State of Florida. Venue in state court shall be in
Volusia County, Florida. Venue in federal court shall be in the United States District
Court, Middle District of Florida, Orlando division. Each party hereby agrees to submit
to the personal jurisdiction of these courts for any lawsuits filed there against such party
arising under or in connection with this Contract. In the event that a legal proceeding is
brought for the enforcement of any term of the contract, or any right arising therefrom,
the parties expressly waive their respective rights to have such action tried by jury trial
and hereby consent to the use of non jury trial for the adjudication of such suit.
All questions concerning the validity, operation, interpretation, construction and
enforcement of any terms, covenants or conditions of this Contract shall in all respects be
governed by and determined in accordance with the laws of the State of Flonda without
giving effect to the choice of law principles thereof and unless otherwise preempted by
federal law.
Rental Equipment Page 14 of 35
Bid 09- B -52V0
2.26 Additional Terms
The attached Invitation to Bid cover page contains additional terms and conditions.
These wntten specifications take precedence over terms and conditions on the Invitation
to Bid Page.
2.27 Award Term
The County is looking to promote partnership relationships within the policies and
procedures of public procurement. Pursuant toward that end, the successful Contractor(s)
shall be awarded an initial three year term with two subsequent one year renewals. All
renewals will be contingent upon mutual written agreement and, when applicable,
approval of County Council.
2.28 Wage Price Redetermination
A. The bidder may petition the Director of Purchasing and Contracts for a price
redetermination on the anniversary date of the contract. Any pnce
redetermination will be solely based upon changes as documented by the
Employment Cost Index (ECI) as published by the Bureau of Labor Statistics.
The base index number will be the base for the quarter in which the bid opens.
The initial redetermination index number will be for the same quarter in which the
bid closed on an annual basis. Refer to Employment Cost Index, for Total
Compensation, Pnvate Industry, Index Number and Occupational Group at
http : / /data.bls.gov/PDQ /outside.jsp ?survey =ci. The base figure will be tied to
Trade, transportation, and utilities under the heading Service Providing Industries.
B. The calculation is demonstrated in the following example.
[Example: March 2007 Index = 100.8, March 2008 Index = 104.1; 104.1 — 100.8 =
1.0317, therefore the maximum increase = 3.2 %].
C. If the federal government increases the minimum wage during the term of the
contract and any renewal, the bidder may petition the Director of Purchasing and
Contracts for price redetermination for those job categories where the pay to the
bidder's employee is the current minimum wage. The County will grant an
increase of exactly the amount of the minimum wage increase [not the percentage
increase]. The bidder must increase the pay to the employee by the amount the
bidder wants increased. The amount paid to the bidder will be the increase plus
any written and documented increase in FICA, Medicare, and Workers'
Compensation insurance. The bidder must supply written documentation of any
other increase that is beyond the scope and control of the bidder. All wntten
documentation must satisfy the reasonable expectations of the Director of
Purchasing and Contracts and Internal Auditor.
[Example: minimum wage increases from $5.75 to $6.00 per hour. The bidder's
Bid amount for category X to the employee is $5.75, and the billed rate is $6.60.
The bidder may petition for an increase of $0.25 per hour to be paid to the
Rental Equipment Page 15 of 35
Bid 09- B -52V0
employee and a billed rate of $6.85 + written and documented cost increases for
FICA, Medicare and Workers' Compensation.]
D. If the County and the bidder cannot agree on the price redetermination, then the
contract will expire without prejudice. The County reserves the right to award
any classification(s) from an expired contract to the next lowest responsive and
responsible bidder that is still under contract.
E. If the bidder bills the County at a higher price according to any pnce
redetermination granted by the County, and the bidder fails to increase the hourly
rate paid to the employee for the same period, the bidder will be considered in
contract default and the contract will be immediately terminated.
2.29 Price Redetermination - Fuel
The bidder may petition the Director of Purchasing and Contracts for pnce
redetermination if/when the pnce of fuel increases by a minimum of ten (10 %) percent.
If the bidder petitions for such an increase, the bidder shall also petition for a price
redetermination decrease if /when the pnce of fuel decreases by a minimum of ten (10 %)
percent; failure to make such petition, may be grounds for Agreement termination.
Any price redetermination will be based solely upon changes as documented by the
Producer Price Index (PPI) for the commodity "Gasoline - WPU0571" or " #2 diesel fuel -
WPU057303" as published by the Bureau of Labor Statistics, which can be found on -line
at http: / /stats.bls.gov. The base index number will be the month of bid opening. Any
subsequent price redeterminations shall use the last price redetermination as the "base
index number ". Subtracting the base index number from the current index number and
dividing the result by the base index number calculates the maximum percentage increase
allowed. Any price redetermination will include all items awarded to the percentage
contributing to the total cost for providing the product/service.
If the County and the bidder cannot agree on any price redetermination, then the contract
will expire. Bidders shall provide documentation to illustrate what percentage of the
price is related to fuel, as the increase shall be calculated based upon the percentage of
the cost associated to the cost of fuel (see example below). Failure to provide the
detailed cost analysis with each request for a price redetermination due to fuel price
escalation shall preclude any price redetermination due to fuel costs.
Example:
➢ Ten (10 %) percent of the cost to provide product/service is attributed to the cost
of fuel.
D Current PPI is 264.52 264.52
➢ PPI in the month the bid opened was 158.73 - 158.73
105.79
➢ 105.79 divided by 158.73 = 66.7% increase on 10% of Total Cost
D The unit cost of the service is $100.00
➢ 10% of $100.00 = $10.00
➢ $10.00x.667= $6.67
➢ New unit price for the product /service is $106.67
Rental Equipment Page 16 of 35
Bid 09- B -52V0
If the Director of Purchasing and Contracts grants an increase in the contract pnce based
upon increases in gasoline and/or diesel pnces, then the Director may also adjust the
contract price downward if the cost of gasoline and/or diesel decreases by ten percent
(10 %) or more from the date of the last increase in the contract price.
This clause may be used in addition to any other price redetermination clause in this
invitation provided it does not duplicate such increase. For example, if a PPI increase is
also allowed to the remaining costs (see example above), it shall not exceed the
remaining ninety (90 %) percent of Total Costs. If the County and the bidder cannot
agree on any price redetermination, then the contract will expire without prejudice 30
(thirty) days after the impasse is reached.
2.30 Price Redetermination
The bidder may petition the Director of Purchasing and Contracts for pnce
redetermination on the anniversary date of the contract. The County may also petition
the bidder under the same guidelines. Any price redetermination will be solely based
upon changes as documented by the Producer Price Index (PPI) for the commodity
"Other heavy machinery rental and leasing— PCU532412532412" as published by the
Bureau of Labor Statistics which can be found on -line at http: / /stats.bls.gov. The base
index number will be the month of the Bid closing. The initial redetermination index
number will be the index for the anniversary of the month the Bid closes. For all periods
after the first year, subsequent anniversary indexes will be used. Any price
redetermination will include all items awarded. If the County and the bidder cannot
agree on any pnce redetermination, then the contract will expire.
Divide the redetermination index by the base codex to determine the maximum
percentage of increase allowed. This increase in percentage shall then be multiplied by
the percentage directly attributed to the cost of materials entered on the Bid Submittal
Form. Example: Base index = 179.2 and the initial redetermination = 189.5. (189.5 —
179.2 = 1.057 or an increase of .057 %) For purposes of this example, the assumption
will be that .057% of the cost is directly attributed to the cost of material and that cost is
$100.00 each. $100.00 x .057% = an increase of $5.70. $100.00 + $5.70 = $105.70.
2.31 Unusual Costs
The Bidder may petition the County at any time for an additional rate adjustment on the
basis of extraordinary and unusual changes in the costs of operation that could not
reasonably be foreseen by a prudent operator and which, by all reasonable expectations,
will continue for at least one year. If the Bidder petitions for such an increase, the Bidder
shall also petition for a rate reduction on the basis of extraordinary and unusual changes
in the costs of operation that could not reasonably be foreseen by a prudent operator and
which, by all reasonable expectations, will continue for at least one year; failure to make
such petition may be grounds for Agreement termination.
The Bidder's request shall contain substantial proof and justification to support the need
for the rate adjustment. The County may request from the Bidder, and the Bidder shall
provide, such further information as may be reasonably necessary in making its
Rental Equipment Page 17 of 35
Bid 09- B -52V0
determination. The County shall approve or deny the request, in whole or in part, within
60 (sixty) days of receipt of the request and all other additional information required by
the County. Any price redetermination shall be solely based upon the documentation
provided and the County reserves the right to rescind any price relief granted should the
circumstances change and prices go down.
2.32 Deviations
All Bid Submittals must clearly and with specific detail, note all deviations to the exact
requirements imposed upon the bidder by the specifications. Such deviations must be
stated upon the Bid Submittal Form; otherwise Volusia County will consider the subject
Bid Submittals as being made in strict compliance with said Specifications to bidders, the
bidder being held therefore accountable and responsible. Bidders are hereby advised that
Volusia County will only consider Bid Submittals that meet the exact requirements
imposed by the specifications; except, however, said Bid Submittals may not be subject
to such rejection where, at the sole discretion of Volusia County, the stated deviation is
considered to be equal or better than the imposed requirement and where said deviation
does not destroy the competitive character of the Bid process by affecting the amount of
the Bid Submittal such that an advantage or benefit is gained to the detriment of the other
bidders.
2.33 Material Safety Data Sheet
In accordance with Chapter 442 of the Florida Statutes, it is the bidder's responsibility to
identify and to provide to the Volusia County Purchasing and Contracts Office a Material
Safety Data Sheet for any material, as may apply to this procurement.
2.34 Waiver of Claims
Once this contract expires, or final payment has been requested and made, the awarded
bidder shall have no more than 30 (thirty) calendar days to present or file any claims
against the County concerning this contract. After that period, the County will consider
the bidder to have waived any right to claims against the County concerning this
agreement.
2.35 Termination / Cancellation of Contract
The County reserves the nght to cancel the contract without cause with a minimum 30
(thirty) days' written notice.
Termination or cancellation of the contract will not relieve the bidder of any obligations
for any deliverables entered into prior to the termination of the contract (i.e., reports,
statements of accounts, etc., required and not received).
Termination or cancellation of the contract will not relieve the bidder of any obligations
or liabilities resulting from any acts committed by the bidder pnor to the termination of
the contract.
Rental Equipment Page 18 of 35
Bid 09- B -52V0
The bidder may cancel the resulting contract with 180 (one hundred - eighty) days written
notice to the Director of Purchasing and Contracts. Failure to provide proper notice to
the County may result in the bidder being barred from future business with the County.
2.36 Termination for Default
The County's Contract Administrator shall notify the bidder, in writing, of deficiencies or
default in the performance of its duties under the Contract. Three separate documented
instances of deficiency or failure to perform in accordance with the specifications
contained herein shall constitute cause for termination for default, unless explicitly
specified to the contrary elsewhere within this solicitation. It shall be at the County's
discretion whether to exercise the nght to terminate. Bidder shall not be found in default
for events arising due to acts of God.
2.37 Termination for County's Convenience
The performance of work under this contract may be terminated in accordance with this
clause in whole, or from the time in part, whenever the County representative shall
determine that such termination is in the best interest of the County. Any such
termination shall be effected by the delivery to the bidder of a Notice of Termination
specifying the extent to which performance of work under the contract is terminated, and
the date upon which such termination becomes effective. Upon such termination for
convenience, bidder shall be entitled to payment, in accordance with the payment
provisions, for services rendered up to the termination date and the County shall have no
other obligations to bidder. Bidder shall be obligated to continue performance of contract
services, in accordance with this contract, until the termination date and shall have no
further obligation to perform services after the termination date.
2.38 Incurred Expenses
This ITB does not commit the County of Volusia to award a contract, nor shall the
County of Volusia be responsible for any cost or expense which may be incurred by the
bidder in preparing and submitting the Submittal called for in this ITB, or any cost or
expense incurred by the bidder pnor to the execution of a contract agreement.
2.39 Minimum Specifications
The specifications listed in the Scope of Service are the minimum required performance
specifications for this ITB. They are not intended to limit competition nor specify any
particular bidder, but to ensure that the County receives quality services.
2.40 Compliance with Laws and Regulations
The bidder shall be responsible to know and to apply all applicable federal and state laws,
all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or
tribunals having jurisdiction or authority which in any manner affect the work, or which
in any way affect the conduct of the work. Bidder shall always observe and comply with
all such laws, ordinances, rules, regulations, orders, and decrees. The bidder shall protect
and indemnify County and all its officers, agents, servants, or employees against any
Rental Equipment Page 19 of 35
Bid 09- B -52VO
claim or liability ansing from or based on the violation of any such law, ordinance, rule,
regulation, order, or decree caused or committed by bidder, its representatives, sub-
contractors, sub - consultants, professional associates, agents, servants, or employees.
At time of bid submittal, bidder shall hold the required licensure to be the prime
contractor for all work to be performed under the bid contract. If bidder proposes to use a
subcontractor or sub - consultant to perform any work under the bid contract such
subcontractor and/or sub - consultant shall, at the time of bid submittal, hold the required
licensure for all work to be performed under this bid contract as a subcontractor and shall
maintain such license(s) in full force and effect dunng the term of this bid contract. All
licenses and permits required to perform bidder's duties under this bid contract whether
such license or permit is required by the federal government, State of Florida, Volusia
County, or any municipality, shall be at bidder's sole cost and expense, and shall not be a
cost of the County. All required licenses and permits shall be maintained in full force
and effect during the term of this bid contract.
2.41 Indemnification of County
The bidder shall indemnify, hold harmless, and defend the County, its officers, agents,
and employees, from or on account of any claims, losses, expenses, injuries, damages, or
liability resulting or arising solely from bidder's performance or nonperformance of
services pursuant to this contract, excluding any claims, losses, expenses, injunes,
damage, or liability resulting or ansing from the actions of County, its officers, agents, or
employees. The indemnification shall obligate the bidder to defend, at its own expense or
to provide for such defense, at County's option, any and all claims and suits brought
against County that may result from bidder's performance or non - performance of services
pursuant to the contract
2.42 Records & Right to Audit
The bidder shall maintain such financial records and other records as may be prescribed
by the County or by applicable federal and state laws, rules, and regulations. The bidder
shall retain these records for a penod of three (3) years after final payment, or until the
County audits them, whichever event occurs first. These records shall be made available
during the term of the contract and the subsequent three -year period for examination,
transcription, and audit by the County, its designees, or other entities authonzed by law.
2.43 Change in Scope of Work/Service
A. The County may order changes in the work/service consisting of additions,
deletions, or other revisions within the general scope of the contract. No claims
may be made by the bidder that the scope of the project or of the bidder's services
has been changed, requiring changes to the amount of compensation to the bidder
or other adjustments to the contract, unless such changes or adjustments have
been made by written amendment to the contract signed by the County
Representative, County Director of Purchasing and Contracts, and the bidder.
B. If the bidder believes that any particular work/service is not within the scope of
work/service of the contract, is a material change, or will otherwise require more
Rental Equipment Page 20 of 35
Bid 09- B -52V0
compensation to the bidder, the bidder must immediately notify the County's
Representative in writing of this belief. If the County's Representative believes
that the particular work/service is within the scope of the contract as written, the
bidder will be ordered to and shall continue with the work/service as changed and
at the cost stated for the work/service within the scope. The bidder must assert its
right to an adjustment under this clause within 30 (thirty) days from the date of
receipt of the wntten order.
C The County reserves the right to negotiate with the awarded bidder(s) without
completing the competitive bidding process for materials, products, and/or
services similar in nature to those specified within this ITB for which
requirements were not known when the ITB was released.
2.44 Modifications Due to Public Welfare or Change in Law
The County shall have the power to make changes in the contract as the result of changes
in law and/or ordinances of Volusia County to impose new rules and regulations on the
bidder under the contract relative to the scope and methods of providing services as shall
from time -to -time be necessary and desirable for the public welfare. The County shall
give the bidder notice of any proposed change and an opportunity to be heard concerning
those matters. The scope and method of providing services as referenced herein shall
also be liberally construed to include, but is not limited to, the manner, procedures,
operations and obligations, financial or otherwise, of the bidder. In the event any future
change in Federal, State or County law or the ordinances of Volusia County materially
alters the obligations of the bidder, or the benefits to the County, then the contract shall
be amended consistent therewith. Should these amendments materially alter the
obligations of the bidder, then the bidder or the County shall be entitled to an adjustment
in the rates and charges established under the contract. Nothing contained in the contract
shall require any party to perform any act or function contrary to law. The County and
bidder agree to enter into good faith negotiations regarding modifications to the contract,
which may be required in order to implement changes in the interest of the public welfare
or due to change in law. When such modifications are made to the contract, the County
and the bidder shall negotiate in good faith, a reasonable and appropriate adjustment for
any changes in services or other obligations required of the bidder directly and
demonstrably due to any modification in the contract under this clause.
2.45 Right to Require Performance
A. The failure of the County at any time to require performance by the bidder of any
provision hereof shall in no way affect the right of the County thereafter to
enforce same, nor shall waiver by the County of any breach of any provision
hereof be taken or held to be a waiver of any succeeding breach of such provision
or as a waiver of any provision itself.
B. In the event of failure of the bidder to deliver services in accordance with the
contract terms and conditions, the County, after due wntten notice, may procure
the services from other sources and hold the bidder responsible for any resulting
additional purchase and administrative costs. This remedy shall be in addition to
any other remedies that the County may have.
Rental Equipment Page 21 of 35
Bid 09- B -52V0
2.46 Force Majeure
The County and the bidder will exercise every reasonable effort to meet their respective
obligations as outlined in this ITB and the ensuing contract, but shall not be liable for
delays resulting from force majeure or other causes beyond their reasonable control,
including, but not limited to, compliance with any government law or regulation, acts of
God, acts or omissions of the other party, government acts or omissions, fires, strikes,
national disasters, wars, nots, transportation problems and/or any other cause whatsoever
beyond the reasonable control of the parties. Any such cause will extend the
performance of the delayed obligation to the extent of the delay so incurred.
2.47 Bidder's Personnel
During the performance of the contract, the bidder agrees to the following:
A. The bidder shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, handicap, or national
origin, except when such condition is a bona fide occupational qualification
reasonably necessary for the normal operations of the bidder. The bidder agrees
to post in conspicuous places, visible to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
The bidder, in all solicitations or advertisements for employees placed by or on
behalf of the bidder, shall state that such bidder is an Equal Opportunity
Employer.
B. The bidder shall be responsible for ensuring that its employees, agents, and
subcontractors comply with all applicable laws and regulations and meet federal,
state, and local requirements related to their employment and position.
C. The bidder certifies that it does not and will not during the performance of the
contract employ illegal alien workers or otherwise violate the provisions of the
federal Immigration Reform and Control Act of 1986, as amended.
D. Notices, advertisements, and solicitations placed in accordance with federal law,
rule, or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
E. The bidder shall include the provisions of the foregoing paragraphs A, B, C, and
D, above, in every subcontract or purchase order so that the provisions will be
binding upon each bidder.
F. The bidder and any sub - contractor shall pay all employees working on this
contract not less than minimum wage specified in the Fair Labor Standards Act
(29 CFR 510 -794) as amended.
G. Any information concerning the County, its products, services, personnel,
policies, or any other aspect of its business learned by the bidder or personnel
furnished by the bidder in the course of providing services pursuant to the
Rental Equipment Page 22 of 35
Bid 09- B -52VO
Agreement, shall be held in confidence and shall not be disclosed by the bidder or
any employee or agents of the bidder or personnel furnished by the bidder,
without the prior wntten consent of the County.
2.48 Claim Notice
The bidder shall immediately report in writing to the County's designated representative
or agent any incident that might reasonably be expected to result in any claim under any
of the coverage mentioned herein. The bidder agrees to cooperate with the County in
promptly releasing reasonable information periodically as to the disposition of any
claims, including a resume of claims expenence relating to all bidder operations at the
County project site.
2.49 Contract /Bidder Relationship
The County of Volusia reserves the right to award one or more contracts to provide the
required services as deemed to be in the best interest of the County
Any awarded bidder shall provide the services required herein strictly under a contractual
relationship with the County and is not, nor shall be, construed to be an agent or
employee of the County. As an independent bidder the awarded bidder shall pay any and
all applicable taxes required by law; shall comply with all pertinent Federal, State, and
local statutes including, but not limited to, the Fair Labor Standards Act, The Amencans
with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment
laws. The bidder shall be responsible for all income tax, FICA, and any other
withholdings from its employees' or sub - contractor's wages or salaries. Benefits for
same shall be the responsibility of the bidder including, but not limited to, health and life
insurance, mandatory Social Security, retirement, liability/risk coverage, and workers'
and unemployment compensation.
The independent bidder shall hire, compensate, supervise, and terminate members of its
work force; shall direct and control the manner in which work is performed including
conditions under which individuals will be assigned duties, how individuals will report,
and the hours individuals will perform.
The independent bidder shall not be provided special space, facilities, or equipment by
the County to perform any of the duties required by the contract, nor shall the County pay
for any business, travel, or training expenses or any other contract performance expenses
not explicitly set forth in the specifications.
The independent bidder shall not be exclusively bound to the County and may provide
professional services to other private and public entities as long as it is not in direct
conflict and does not provide a conflict of interest with the services to be performed for
the County.
Rental Equipment Page 23 of 35
Bid 09- B -52V0
2.50 Damages to Rental Equipment
Rental bidders agree to purchase such insurance, as they consider necessary to protect
their equipment from damage or destruction dunng the term of this contract for rental of
equipment. Rental bidders also agree that the County shall have no obligation for
payment of damages of any nature to equipment provided with or without an operator
unless clear and convincing evidence demonstrates that gross negligence of either the
County or its employees acting within the scope of their employment was the direct cause
of such damage or destruction.
Rental bidders further understand and agree that no employee of the County other than
the Procurement Analyst is authorized to sign any rental or other agreement that contains
terms and conditions other than those contained in this solicitation, and that any signature
of a County employee other than the Procurement Analyst shall be interpreted as the
County's acknowledgement of delivery only.
2.51 Disadvantaged Business Enterprise Program
The County Council has adopted policies that assure and encourage the full participation
of Disadvantaged Business Enterprises (DBE) in the provision of goods and services.
The County encourages point ventures between majority-owned firms and qualified
disadvantaged / minority / women -owned firms.
2.52 Damages
Due to the nature of the services to be provided and the potential impact to the County for
loss, the bidder cannot disclaim consequential or inconsequential damages related to the
performance of this contract. The bidder shall be responsible and accountable for any
and all damages, directly or indirectly, caused by the actions or inaction of its employees,
staff, or sub - consultants. There are no limitations to this liability.
2.53 Liquidated Damages
Time is of the essence for this project. Any delays from the dates contained in the
contract issued to the Contractor shall inconvenience the Public and result in monetary
losses and damages to the County. Failure to deliver rental equipment during the
requested time shall result in the contractor covering any costs arising from having to
order similar equipment from outside the contract. This is for normal operations only.
2.54 Conflict of Interest Form
All bidders shall properly complete, have notanzed, and include with their Bid Submittal
the attached form disclosing any potential conflict of interest that the bidder may have
due to ownership, other clients, contracts, or interests associated with this project.
Rental Equipment Page 24 of 35
EXHIBIT B
0 8 8 8 8 8
12 O O O O O 0 O O C O 000 O C 00 C O C
00 00 0 00 0o E o 000 0 E 00 E 0 E
L 0) O NV n 1 O 01 0 N 10 m N N 01 01 0 ID °
N O ! fl N n O N'' 0) m N co
C l7 n Q lgi O 17 N 01 n n C 10 C N C
C m Q lh 2 N n N N N Q 1G !b n
O 2 to 69 ww w ins ww3 69 69ww w C 69 69 G w o
0 J J J J J
o ° ° O 00 °°U' 0 000 (7 C7 0 U'
C CC G.
O O o o a °° a 0 0 0 0 0 a 0 0 a o a
v q N g ^ 8 8 W 0 lD 3 0 w oo W 0 W
03 C 0 N 0 N 01 N N .2 m/ 0 .2 t0 G� S N CD O �0 Cl/ 02
O C
$ w w w w w w e w 2 69 e w w N a 8 8 e w e
U N N N 04
E 2
to 47 p n n n
a D O Q TO n n n
m4 u.w o
2
§ _
8
f ,
1
K
01 s
3
to 0
4D In
• o
3
C 0 0 0 0 0 0 0 0
0 0 0 O O 0 0 0
E g �8 0� °
o
0 0
8 0 0 0 0 0 0 0
N L 0
0 0 0 0 ° O O
0 C g 0 0 - 0 rn rn
0 3 w w w w w 8a 8
CD 4 -• Y
a, N 0 K 8 0 0 0 ° o 0 0 0 0 0
0
Q O m n rn 0 "" n 0
• LL o w 69 w w w w w
8
K 0 O O
0 0 O 0 0 ° 0 0 0 0 °°o °o °°°oo ° oo° 000°
O O O o O O N g o o co O O 0 0° o 0 0 0 0 O O o 0
N N O O N N Q
00 N N O N O � N N N G O O N N N N N 0 N N N
C m CO N m O O tV 3 C N tO N N n N n 2 m N ° O co o_
m N N tD n • ..- Q 1D 8 . 6 9 N n 8 69 . - 8 N N N N Q 8 N N 17
f. 69 w w w w w w 69 69 ..69 w w w w www www wwww
i
X 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O 0
0 0 0 0 0 0 0 O o O O 0 0 0 0 O O O O O O O O O O O O O O
N 2 P. N M O O N ° O N p N O c O N O r O O N N O O O O O O O Ifl u) r r c7 th O 01 n f0 n th a N N 0- 0 Q O-. 0. N n n n N 0 0 N N • N N N 8 2 O *9*9 N N Q 8 6969 69 10 6 1 N N 8 A n n W
N ,- w 69 69 ww wwww w .69 .. w ww www
n- 3 69 w w
CO a x a
N ¢
c Q 0 O 10 N
o
i v. Z O N N N N
a
a
L
0
O
f
O
ti E
01 a 3
a N
t0 A E 2 -
2 o Q n
3 E
° O 0 2 2
0 0 ° 0 0 0 o y ° °° o O ° (p ° O ° o O o O O o ° O O u, 2
° o o o 0
8 . 0 p o ppp o 0 0 0 o 0 0 0 o_ 0 m 0 0 O °° oO a o °°° ( 0 p °_ 000 0
' 0 0 f CO T Q Q 1D 0 Q O N8 0 0 N N O C 0 0 m V 0 0 co CO CO N O O N 10 O O C al p° lh 1 Q
C N � Q ni ,,i. N m O 0 - N m ,D N n Q m 0 Q .- N oS m N 0 Q N Q co
G 8 •
w V fr..: 8 R' 8 N; 8 N N 8 8 69 w ; d' t0 8 8 N 8 O t0 8 ;; K N Q 8
w w w w w w U ww w 69 69 69 w w U w ww w 69 69 w 69 69 Z 69 69
g
U
X 0 0 ° O o o ° e n 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 0 e 0 0
0 0 0 0 0 0 0 N ` o 0 0 0 0 0 0 0 o N O O O O O O O O O O O o n O O O 2 0 0
8 0 O Q O Q O 0 O 0 N CO 0 0 0 0 0 N o d, f N N 0 0 0 0 0 0 00 N 000 2 y O N
N 8 8 8 O O y o c, CD N Q Q 01 C Q O Q n n C N m co ° N O C h 1� N fD f0 C
r 0 3 0 N 0 N CO O N Q 0 fV N 17 N 10 0 N C O N 6 10 0
G w w w w 69 w 69 m u w w 69 w w w w w w 69 69 s w w w > I w w w w w 69 69 E w w w Z w w r0
N 6 n 4 n co ¢ 0 v
A c O 0 0 O O K
▪ ° ° w ° o w W W W 0 0 0 0 0 69 000 w
10 of to 0 ° x$ o x x x x 000 0 0 2 °oo CR x
0
aa re o w g o 2 2 0 0 0 0 o u "' i �P i ` n ° 8 69 69 69 Z 0,cea < ° ° o
N a N N N N
w . 69 69 69 .. N N N
U
" b " " - 0 Y1 N V1
m m Y m ° 0 1 E 0° 0
U m m J m
R m 8 E _ N .n E: E E u E
E i = @ o �` 3 m 3 Q 3 u 9
2 @ m m Eo E 8 m E Es ue °
O. 6 O. G = a x m m V p A l0 lC s A
a a _ co ? _ � " r. ? a 5 5
u > > > 5 r m n ^ S S 2 ,_ N g L m L Q , 1- U Q
/ ° m E rn rn n E d ° d lb o ti= �� E E ! , 00000 � t`� c O 3 b °' r c °� m Q rn rn c ° m o m 2 `c ° m K K D N v r Q 2 U r ° ° n 0 m > '^ C7 p° ��' ` o a a c U �� �� v v 8 8� x �� 3 8� Z0 3 U a �`o v a '^- u u x t Q Q Q p n a a J J 9 p m a 2 Q E m a W v x m K W y s Q X X X k J 'A �\ !60 Y Z {1Yp K y - r W m j �°� U E S Y s 3 R m N U' U' C? m c 2 a m m w w u m� O U p ' Vj 4YY d o 1..1 d ct 1..1 ��m N N m N O m O ° D C O N ,_ N .0 � ,, N8 t7., MM2 V 9999 12.1 LL p � Y d S . rn x m a rn n D 0 N 0 . a r r r r r r pr V r r r r a
E
/ ¢¢ 0 o Q ¢ 15 o ¢ ¢ ° ¢ at¢ 0 0« ° m ¢ ° D ¢az¢¢ my 666 f D�. E a E'' 0 �. «« 2, '5 . oU
0 «,,,,,U Ua
J U.UU U U U UK U U_ 3 Ua KUUKUKU U U a UUU (j U' a 2 0 UUUU 0 m2a poa ,2
12 0 g
o m
L N
C
• O
r m
I- O a
o w
C o
U ; w
. 8
_'
Q
{L O r
2
a
5
c
0
8
a s
U)
a
i
8
a
Ta
0
0
w m
TOW o 0 0 0 0 0 0 0 0 0
8 0 0 0 0 0 0 O o O o O O O o O o
C L moo 0000 0 0 0 0 0 0 0 o O o
m E N O O 0 0 0 m O N N 0 m O N O0D 0m N
d' 0 0 m N 0 N O N C j
a'. 19 W (.9 M 19 19 19 19 M IA 19 W to M W W M
M 8
um
O1 C O
✓ O O O 0 0 0 0 O O O o O O O O O o
O O o O O O O O O O O o O O o O o
C m o o coo. o O O O m co co m m
O$ 2, 0 0 O O O m m 0 n O D W
V; H W . m M N. m W 1A W N n W W W ^ H . W
O¢ 88°
O O O O O O O O O O O O O O
o to to O m 0 0 O O O O O
LL 2, 0 m CO O m m CD N ^ ^ N r W N N co
O Mi W W 696969 W 19 i; Hi t9 69 M (0 w w Ni
8
a
5
5
2
x t
t
Z • s
8
a
To
0
8
CI
O)
2g
E
C.
C
E;
0
< 3
a
0
0
. 2
0 o 0 0 0 0 O 0 X
0 0 0 0 0 oo 0 0
.S 0 00200200g 0 0 0 0 Op(�
0 0 0 0 0 0 0 0 O Q 0 0 0 0
C Q m 2 O m m n m' ,.., m N . 2 O O N N m C <, 0 v. n 1D
m NO3 r W m M W W W .. . y > .- N
1 9 19 M W W rM M p p W
O Z
O c 0
0 0 0 o y
a 0 0 O 0 o O 0. 0 O 0 0 0 0 0 0 C 0 0 E 0 o O O 0 0 0 5 O o 0 0 0 2
ce C n o v n o p O1 u? n o o M N c N m m m rn ° m :: L: mM 0 O pp G G Q n ID e e 2, m m m m ... m m m U
8 N m D' N m DI N *. N R ^ N R O m 2, n O> 6 f7 m N 2, e
m� m
O C N........ w w. N N M 69 69 M 69 69 M C9 co W . n M N
W n w m m G w E N m
E `2 `o u a
B m ° ° ,p g
R m0 m m m
e: e A
c o V 5 a 9 9 8 c D c c S
y E x e a E E E m °i m m m 2, m y F € E E E
a '' o ,,..3
> > n n m '° d m m m c `o `m
j n � � m
Nr E~ .0 m 2 0 2° t 2 v �z o - z z` a a o
c n m 2,
n ^ • B Nm � a 5 n o :? a o ; o° m 0 O �
¢ F ¢ ~ ¢ F y n y m 0 o E o o g 8 a 8 v o o, c E 0 0 g D o n E c 0
0. ti U Q U Q UQ mN m �U ' E . (j 7 i > j E 3 E '0 2 E 'o p E Er �n wn m m o
., .P .P .L U Nw 9 0 2`2`22 p o Z D 2` 2` 8 y m " a 8 z z c 8 ... -, U ,o E n n� E E8
n E. E. E N m m m o m m m m 9 o m m m m o . x N 4 t o t m m 0 o' m 2, w n 3 2 S o 8 o c 2, 2,
0 0 o m. U . m a a n n m m g n n gm H w m o r 5t t y r 0 m 30. 5 WC _ cv
U 2 '� U 2� U 2 '� � N m u m m m m .9_ m m m m a m m ., �= r - :7.1 _ m u a m m_ 'm � m
` r m LT. m m LL '8 m lL N a N C C C U E 0 0 0 U m 2 ! _ 5 3 . P F gy m - „ - N N N N N N 10 -4 2' O N C 0 U N
a a d F m m F m m F �- 8^ o 0 o E E o 0 ` o c m a' n a .t x x -e. # ac s£ 7 ak ° m _ w ° c 2, c C t
o F � Q o m Q o m Q o A Q U U a a m o 0 o m + . o 0 0 `m o a m 2 c y m m t 0 0 o o 0 0 o O
o oo D. H " o m v m m m cg'
E . 3 U K a U D: a U K a U 2.- N C) m a t N or m a ti K U m g a m c, H a o 0 0 O o u- o o o o O a o o m 2 y a m o a o g 8 m a
^_ ^. ^, o a e m m m m m a VJ u r u ;-,
m 8 0 $
C 0 0 0 0 0 c 0 O c
0 O o 0 0 W o 2
L 0
01 CO ( CD CO Q 0
O J
C N Q S N N w o
• O
_ o 0
01 0 0
L O O 0 0 0 d 0 0 a
C 0 0 Q co co N 0 W ( O t� W CD :P N A 0 0 O _ 00 O r o 0
0 *9 a 69 69 N N H 0 N
.. 2
m g 2
o n
LL O n -
2
2
t
c
m
g
m
ac
N C
a
i
m
g
W
0
0 m ,
N w 0 0
p 0 0
01 p N 0
N
L a W NM
A K
0 0
C Y O O
0 0 O O
V 3 . w
0
E i2 O O
O O
0 0 0
LL m 0
O w w
8
a o O O O o 0 o O - o O
o O O O O o ,0 0 0 0
E M CO co N V O 10 N CO
O
2 w w w w w w w w w w
X _m
• C
t 0 0 0 0 0 0 0 0 0 0 LO
0 2 0 n o o LO Q O CO 0 o n N 7 ' 0 CO 0 N N N CO a7
3 w w w w w w w w . w
/ e
O O O
O O O
o 'O N N
s
W
V c
E 2
c�
G
m 2
E;
o
<2
1 m
0
2 ,
O 0
0 0 0 0 S 0 0 0 0 0 0 0 0 0 0 0 0 0o W 0 0 0 0
` W N 9 C r 0 N N 0 2 m
m 2 w 69 w > w 19 19 19 69 19 19 w
i 0 U
a C 0 0 m 0 0 0 0
E 0 e N o 0
O) JL N N p O O Of O ,
r m N o m m
C
'a _ r w c co Q =
2
M W W 19 19 O M N W
cA
W O o
2 0 0 0 0 W U W
= u n =
e 1Q0 00 0 e g e
0
0 N N W w N o N
m w q 0 m E a
E
n = y h
a m m `n m m_ m m m
m W 2 2 W . E 2 2
Q
a a 0a m u E e. v m 2 E `m `n `m o ` a to 0 v @ 2 w y y m g ■ E o 2
8 O O W a 2 0 c 2 a o 0 s 0 = o m v R m = m o e m m % anp W `m
To 0 D ° o g m S K 2 E a s g, a $ ` c6 g cc W m c g r a ' 8 2 g 3 W ° g cg E 0 E w o u 0 m m v 2 0 o o rn v D o v v . 1W ° m o o v T U o Eo 0 0 K 3 3 0
a E U o E N 0 m U N � ^ a 8 a .. ` o c c m v c c 0 _ U E `m 3 n Ei
.ct 8 o O — o n u iD . v 1 8 m ' o = 0 8 = r,; i, W a i. m t f o
0 £ 3 Y v. 2 8 2 N E a vc ; S 8 E § .. 2• W E 0 2 o = T': 2. o u = c c 2
§ o v : a c v c 2 > o W v c u 'c . 2 u to v o 7
A U 0 m O W 'O l'1 J co N Of E m v U - V U 6 6 {C t N m= 7 7 m N N O to = N U 9 9 O
1 17 y N W U 0 W 0_' _ Q N t U a u N U ~ N O I 3 O OI H H O o o 0 • N t7 T T g
m m W 2 H W u m m z U U O t o t 2 3 Y `m t g
.`V, y � t0 O n � C O O � Vl fL � a n m C OI 'O V C G v E ^ 9 N N .O O O T T T 4 T p N 3 T �T
U 2` 2� E @ U U W c T W B • 0 m o o h m m m m m W m d �m
�� K c F c � o � m m m F � � n� � E T H E °'� m r 2 t o o� 3 c v d c v 1 O W c n 8
E 3 0 UG H °U a U Z cm = p O D U U 0 a a a s U LL 5 a o c r Ua Q a ia a D N 0,a y N co a coa U a 9 N "6 ,L.0
W
g
O
a
G g N
U q y m 0 ... N
C1 0 0 0 9
[ m z o> o 4 w
9
N. >
C 0 O
0; 5
V a
m 1 p
O1 a
LL O N
9
m
0 !!!!! 0 0 0 0 ° o o W M M O O d O O O N M O O O m O O O o O 000
0
w O w 0 8.72
;;;2.7,12 3 w M
2
omm
m O
a d00ww omm
.1MMaa aaa
tn �
c d 0 0 0 0 0°
o ° ° ° °° °° ° 0000 °°
C Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0° 0 0 0 0 0
m C O O O ° O. 0 O° 0 0 0 0 0 0 0.- ^' N CO 0 N
r n n O N O O O 10 R V ,- N m N y O
.2
vow W ... w w ( M 49 .. ....... M M M a
m
To M
4 E e m K O
O _ ma q
L O O O O O O O O O O 00 0000000 O O m Z O 0 lV .1 M
000 0 000 00 0 0 0 00 0000000 O 0 v
O GD { G A O OD ° d Q O Q y O O° O O O o O ...woo O M 0 0
N ID CJ tO'1 N N N CO CO CD CD Q Q O O CO N N O VI CD
0 3 MMM M MMM MM .. M MM MMMMMMM MM 2
m
V m
O O 8 000 O O O O O O ...00.0 O O
O o g o o 0 0 0 o g O O ° ° o 0 0 0 0 0 0 0 ° o Z.
LL q n O n 8 O O O O O N N N N N N N 0 6
'4,7 t7 O d N N d d N f7
0 ... M M M M M M M M M M M ....... M M co
, m
a
o
8 o
A
M 8 2 O
0 g m N
CON
m
r m n M
0 °E)
e
a
2
a
m
a
n
= a
O N
3
m
a ... ...
@
0.0 0 0 0
co E o v N o a N m o
t
E 2 M M M M M M � N N
/ 0 m O O m C 8
cs
D Y ° o o ° ° o ° 0 o ° °o ..-as,-.
s
m s m' M P;3
V 3 w w w dM w w
<2 t
° o ° o ° oz 2 e ° O ° o ° 0 e
mo 0
N N O m O N N O o
To N N O N N o
0 MMMNl7 .MMo m
8 a N
h J y
0 0 0 0 0 0 7+
U L O 0 0 0 0 0 0 0 e m
m A 0 0 O 0 O 0 DI n- ‘ V
U G l? f0 O CI d N n O
O L v O 2 O
D n . N .40 M N M W w 0 a = A
` o N
o u 0, U ° w O O R L OI A
a m U O 9O 00.00 0 N Z N V to N
O7 d CD 0 N 9 N rf
C i -
u '0.3 r m N U
0' 3 n E v. wwwi e.
Y R W N
i2 • G E _
U a U O 0 O O O O 0 0 a = C
N m
y A -6 N e N^ m N { 0 e
R
C _ y � M N M M N M W W w N
O w.= d m A a m o m E v
E 2 o o c @ o $@ m m @ @@ d m m@ m 3 3 v 3@ @ o
`u n a m m m 2 o m a
E m o `m 2' m m a F @ ` 3 3 O g g g 3 O g a a a° a ° @ 7 l' ` o @ Q c m m c m o m@ 9 n a a a a a a m m 2, g @ t @ Q a E
1. i N .3 3 R i N .O t N 10 C N N N W A N N m m N m m m N @ `
N J
E
�, v m 5 rn ° m '@ u `° E w U' (7 (7 0 0 0 ' q ° o-
u U u E 0 a o i 3 m g 3 Q 3 E o o o 5 5 § o E E m
La o ° . 6 L L w Ei @ 8 o ° E o m c c v m m m @ @@ m o m y @° ' @ c a
m
E % o m u - = Ei 6 `m `m `m 0 r c d 2 ` c c c m c @ n Q` N
0 m 8 u u 10 m H h 3 c 8 8 3 rn c c 8 m 3 m 1, 0 d m d m m m a 8 m 0"E 8 O m ,9 m w
a
m E L L .. n o m m m W w W
y E -5 "5 m C C '- -D a S S m m m m
E z m n m @ °° E 8 m a .. -E § - ma ° o e 88;8 c: c w `i 0 0 o r 0 `. t 88 2 2 z o m 1 ` 2.5 C O @
E C ., 2 u a e to 'o 0 8 8 8 8 8 D m n m n a a E. o 0 E m 9 i' r m
c :°. j ` m m L a
m y at x u u* m g f 5 u ° m a Cl n 3 b y
-+ N N N N N n N N N E U .8 .2 ` Y O O O O O E ~ W E 0 1Q U m -R Y Y Y 9t Y d s m fm C N N N
; L' O
N b V1 V) m 3 m m m j d d 0 E a % 0.00 `J. a E N 01 9 O a n F f7 N O o N N o o a U d ? 2
m (O 0 E J 0'
E ' 6 4 6 6 Q a = p E. E., (n F• F F 8:2 °- - R' J F H a r. _ T N S W a 3 a a F H H