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HomeMy WebLinkAbout2006-403 AGREEMENT G R i G INA L y � 3This Agreement made and entered into this 21S` day of , duo C, -- November, 2006by and between CMI Electronics, Inc. hereinafter ,called the Contractor and Indian River County herein called the Owner. Witnessed: That whereas, the Owner and the Contractor for the consideration hereinafter named, agree as set forth below : Article 1 . Scope of Work As per specifications of advertised and sealed bid in Indian River County Bid # 2007014 / Indian River County Judicial Complex Security System Upgrade; Contractor,A­asan dependent Contractorand not as an employee, shall furnish , for the sum of o.4 a 4v%dtod S eve., �v oe ti S X thv,drel {-w �v e ; 1 hf- Dollars ($_ _ .177 GZS °� ), all of the necessary labor, material, and equipment to perfo the work described in accordance with the Contract Documents. Article 2 . Time of Completion 90 Days from receipt of the Notice to Proceed . Article 3 . General The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The Owner and Contractor agree to maintain records , invoices , and payments for the work. The Contractor shall provide Performance and Payment Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases determine the amount, quality, fitness , and acceptability of the Several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the Contractor, and his decision thereon shall be final and conclusive; and such determination and decision , in case ay question shall arise , shall be a condition precedent to the right of the Contractor to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction , including appeal , if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . Quantities and Prices The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor' s Bid Form . Article 5 . Acceptance and Final Payment When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the Contractor, and filed with the Owner within fifteen ( 15) days after the date of completion . Page 36 of 72 The final estimate shall be accompanied by a Certificate of Acceptance issued by the Facility Manager, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed As-Built Drawings of the actual construction have been furnished to the Owner and verified. In accordance with the Florida Prompt Payment Act, after receipt of the Facility Manager' s final acceptance by the Owner, the Owner shall make payment to the Contractor in the full amount. Payment of the lump sum amount and acceptance of such payment by the Contractor shall release the Owner from all claims or liabilities to the Contractor in connection with this Contract. Article 6 . The Contract Documents The General Conditions, Special Conditions , Specifications , Bid Documents , Insurance Requirements (Exhibit A), Bonds , and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . Venue This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of Federal jurisdiction , in the United States District Court for the Southern District of Florida. (Contractor) (Owner) eG' dn:cs � eG Indian Riv 7- County, Flostda Contr for FZ Owner sident CJ Gary C. Wlheeler _',BCC Chen, Witnessed by: Approved by BCCI 11 - 21 = 06 APPROVED Attest : Jeffrey K. Barton , Clerk of Circuit Court seph A. Baird, County Administrator By. Deputy Clerk pproved as to Form and Legal Sufficiency 7 _' C4unAttorney Indian River Co. Approved Date j Administration Legal / Budget — i Department G Risk Mgt. Page 37 of 72 Page 1 of 1 111111111 IN Print Date : Transaction # : 160565 12/ 16/2006 3 : 59 : 36 PM # • Receipt # : 154818 Cashier Date : 12/ 18/ 2006 3 : 59 : 33 PM Jeffrey K . Barton, Clerk ( MCIVER) 2000 16th Avenue Vero Beach , FL 32960 ( 772) 770- 5185 www . clerk. indian- river. org Customer Information Transaction Information Payment Summary DateReceived : 12/ 18/2006 Source Code : Over the Counter ( CA) COUNTY ATTORNEY Q Code : Total Fees $98 . 00 Will Call # : ADMINISTRATION BLDG Return Code : Will Call Total Payments $98 . 00 Trans Type : Recording Agent Ref Num : 1 Payments iy-tA $98 . 00 mm- 7V 020305 1 Recorded Items BK/PG: 2113/1115 CFN: 1807012 Date: 12/18/2006 • 3:59:30 PM R ( BND ) BOND From : CMI ELECTRONICS INC To: INDIAN RIVER COUNTY Recording @ 1st= $ 10 Addt'I = $8 . 50 ea . 10 $86 . 50 Indexing @ 1st 4 Names Free , Addt'l = $ 1 ea . 3 $ 0 . 00 Copies @ $ 1 per page ( 1 ) ( 1 ) Copy 10 $ 10 . 00 CERTIFY 1 $ 1 . 50 o Search Items 0 Miscellaneous Items file ://C :\Program Files\RecordingModule\default. htm 12/ 18/2006 1807012 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2113 PG : 1115 , 12 / 18 / 2006 03 : 59 PM PAYMENT BOND Know all men by those presents: ByTbisBond, we _CMI Electronics , Inc . , 435 -A Hackel Dr Montgomery , Alabama 36117 (faastaaain. pioeipatirmmes addles. sod telephom aiadruotPr6cipayQoeunewr) 33'f - 2tL - 563 � ashineip4l (CarAractor) wp( Neat-- ^ S ' raty fmm�'an p t) Rox 5077 Sio Falls , S . D . 57117 (lows .aro. wLocip.ttw�wuMdto"ftoma(smeb) 900 - 331 - 60sg R cos rpocetion, u Surety, are held ad firmly bound unto the Comity of htdim River, Florida, 1840 25 Street, Vero Bewb, Florida 329K (772) 567.5000), in the stir of One Hundred Sevelity Seven Tt1011AAyd Ci (Wdam ��A��npd d 'r ty pi8ht Toil (j 177 . 698 . 60****** * �, Asomn ) 811100oft to 100% of the total bid price. For payment of said alms we bind ouselvasour heirs, Moutons, admits stntiom and as Wk jointly and scvesally, fx the ibi&d pwfotmance of a certain writtenComrsct ilAxidthe 21st day of November 2006 eutaed into between the Principal and the Comity of Indu m Riva, for: BoudNmnba 70207997 project NAMe: Indian River Qunty Sudirial fnmpl ex SecLrity System Upgrade Bid Number. 2007014 ProjectAddreea: _ 2000 16th hvenuao Vern Rparb . Florida 12960 ProjedDescription: Security -cZys m Unoratip A copy of said Contract is incorporated heroin by rohmice and is made a pan hereof as fully copied hereia. Now, Therefore, the Conditicw of ibis Obligation are sucb, that, if the Principal shall promptly make Payments to all claimants, n ha in below defined, thea this obtigghon shell be void, otherwise, this Bond shell remain to fhll fora and effect, subject to the following terms and cottditiom: 1 . A claimant is defined as any Paws supplying Ore Principal with labor, material or supplies, wed directly or indirectly by the Frincipal or my subcontractor in the prosecution of tine Work provided for in said Contract, and is Luther defend id Section 713.01 of the Florida Statutes. 2. Florida Statutas Section 255.05 (2005), as amended from time to time, together with all notice and time provisions contained in subwgion (2) of Florida statutes Section 255.059 is inoorporatod herein in is entirety by this refers tce. The above nsme Principal and SwAy badry jointly and severally agree with the County of Indian Riva *9 every claimant as herein defined, who has not bee paid in full before the expiration of e Period of WAdY (90) days atter perfaemmance of the labor or efia complete delivery of materiab and supplies by such claimant, may ane on this Bond for the on of sucb claimant, Moowte the suit to final judgment for such auras or amus as may be justly due claimm4 and have execution thereon. The County of Indira River shall mot be liable for the payment of any costs or expenses of any mob suit. No suit er action shall be commenced hereunder by any claimant: Page 32 of 72 A TRUE COPY CERTMCAT{ON ON LAST PAGE J.K. BARTON, CLERK I BK : 2113 PG : 1116 Unless claimant, other thin one having direct contract with the Principal, dull within lbxty4ive (4S) days afterbegioming to furnish labor, materiils or ngxplies fbr the prosecution of the wodr, furnish the Principal and Suety with a notice that he intends to look m thin Bond for Protection. Unless clamant, other thaw am having dired contract with rho Principal, shall within ninety (90) days after snob claimant's performance of the labor or complete delivery of materials or supplies, deliverto the Princlpal and Svmy written notice of the pedonoance of Loch labor or delivery of such materials or acpplies and the nonpayment the tum After the =0311011 of ane (1) year from the performance of the labor or completion of delivery of the materials or supplier; it being m dmtood, however, that if any )saltation embodied in this Bond is prohibited by any law controlling the ometrudion hereof, such hmitmhmu aball be deemed to be amended, oro as to be equal to the minimum period of limitation pem ittad by such law. Other thea in a state court of eempeoeot judsdicd m in and for Indian River County, Florida, or in the United State District Court for fie Soothem District of Floods, and not elsowbom The Surety, for value reudved, hereby stipalsta sad sgroes that no charge, extension of time, aloeation of or edditkm to the tens of the Contract or to the work to be peed therenoder or to the Specifications applicable thereto, f M in may way affect its obligations on this Dond, and the Surety hereby waives notice of any such change, extension of time, alteraliom of or addition to the terms of the Contract, or to do the wodx or to the Specifications. The Surety rep seM and warrants to the County of Indian River that it has a Best's Rey Rating Gttides Gotteral Polieyboidoes rating of"A" and Financial Size Category of Clava "IC". The Principal and Surety jointly tad severally eovmrmt and agree that this Banal will remain in f,ill farce and effect for a Petted of one (1) YOU ca®menoing on the date of Final Completion as eatablislbd on the Cartifieato of Pinal Completion as issued by the Caney of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damage, expeoeu, eosq, and et0omey's fen, including appellate lxwoedmp that the County of Indian River sustains became of a default by the pthicipsl under the CentracL In Wftnus Whereof, the above bound parties executed aim imp maw dw several seals, this 11th dayof December - 200" 6 . the name and cmVoaate sal of each eorporrto Party being hereto aged and thus lett Baty aged by As undersigned rrsentati �unuant to audwrit� of ib Fovem.>n� body. . . . . . . . :e: . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . Due . mean SEE . . man . . When the princinal is and kidbl ,.I . Signed, sealed and delivered in the pmsmw of: Witness Sigoacne of Individual Address Printed Name of 1�a&vidual Page 33 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2113 PG : 1117 Address Printed Name of Individual Witness Addmu . usage a . . . . . . . . .. . . ... .. ... . .. .. . ... . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . so SYhen the Prinainat is . CollePronrie0ordrjp orgpa_;od L — a I ray NAM Shed, reeled and dehvaed in the prosom of: Wit" Name of Parhwddp Address BY Palmer W'itJGa�a-Os- �(P(rIntee)d Name of Partner was H . . . won • . . / \ . . . . 1a . \ Y. 0 Y . u . . . ullpu . gp . . Nam . . (.a . j .. 0 / .a. .. . Yu . . u . . aaa MIM the hkdw kJAZU"Edliv Sipcd, eealod and delivered in the "mos of Witness Name ofParuum%Wp By. Address Pana Witness Printed Name of Patnar :�ra .aaa aa . . . . . . . . . . upon . . . . . . . .. . . . . . . sea aa . aa . . a aaa .(\. fa . . . aaaaa . . Nam as a a as aa . . . Wha thePring" is a �.• Attest: CWMIA D • SRASW&Lt lectronic Inc . $ems Name By , . p De 'zT " lie �aat72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON , CLERK BK : 2113 PG : 1118 Name L'�aaF 1�wwr :UI �i s— Ofacial Title C90cate ae to QMMI atm hindw.l I L'YNiN/A 0. BItRS Wri LL cerfify that I an the Sectowy of the corporation named as Pxiuci * in the withk bonds tba who signed the aaidbondonbehalfoftlmRkcipalvudm _ Culu'C PlA(AiVeJAL, 00Ficarla of said Corpmation; that I know his siguan¢e, and his signature theme is geacine; and that $aid Bond I dolly signed, sealed and arrested far and on behalf of said Cmporstion by authority of its governing body. cs«q Secretary be executed by Cn.,,..w.r n,,,,S Attest: Western Surety Company Corporate Surety P . O . Box 5077 Sioux Falls , outh Dakota- 5-7117-5077 Business Address —�� r, By. (AfxCotpoC a $eal) J!• ,` `t Thnman .i . Rola _ Attorney-hi-Fact Cobbs . Allen 6 Hall Inc . Name of Local Agency 115 Office Park Drive , Suite 200 gli jn¢ham . Alabama 35223 State of Alabama - Badness Address County of f f ers�on Befora me, a Nota y'Public, duly oom Wsdoaed, qualified and acting, per$ooa$y We" Thomas J . Bole to me well known, who being by me first duly sworn upon osd4says BAtheisthe attosney-kfWfatbe Western Surety Company � he W been authorized by Wna r_ P_rn c,�rp Camuanv to execute the foregoing bond cc behalf of the Contractor named thvdn in favor of the County of Indian Riva, Florida. Subscribed and sworn before me thin '--- — dry of Decemblel. 006 Notary Public, State of Alabama h u-1 c Page 35 of 72 � MmNIOULTztm A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK ; 2113 PG : 1119 PERFORMANCE BOND Know all men by these presents: By This Bond, we (M Electronics Inc 435 -A Heckel Driven Montgomeery , Alabama 36117 (ra anam, pdsdpstbetme addtsaa, and Wghw samba of d) 334 - 2: 72: -5630 as principal (Contactor) and Y]estern �C�Qytpanv P . O . Box 5A77 , Sioux Falls , S . D . 5117 Omutarmoc, promprlbmswk04UMphmenomberofSurely) 800- 331 - 6053 Z w*1Pontion, as SmvtY, am bed and Srally bound unto the County of ladisa River, Florida, 1840 25 Street, Vero Beach, Plodder 32960, ((772) 567-8000), is &a sum of 7tro H rodred TMty Two Thonaand Thir y F{ve_ fi NO / 100 (j 2'22 . 035 . 00*** ****1, (wtttaaAmooat) Oftnaxic Amooat) amotimting to 125% of the total bid price. For payment of said sum we bind oarselvos, our heirs, cxxutoas, admjrtistratiom sadaesigm jointly sad sevettuy, for tlu faithful pafomuanee of a cabin written Contract, 4" to 21st day of November 20D6r entered into between the Principal and the County of Talion Riva, for: Bond Numbs: 70207947 Project Name: Tndian River County Judicial Complex Security System Upgrade Bid Numbs: 2007014 ProjactAddmss: ,2 00 16th Avenue , Vero Beach Florida 32960 Ned Description Security System Upgrade A copy of said Contract is Woorporsted herein by reference and is made a part hacof as they copied herein. Now, Therefore, The Conditions of tbirObtigation am such, tbat if the Principal shall in all respect; comply with the tams and conditions of said Contract and its obligations dweender, including all of the Contract Documents 6etein refitted to and made a part tburoo$ and such altaatioos as may be nada in the Conenct Dmwtugs and Specifications All dberein provided for, end shall indemnify and save harmless the County of Tadian Riva agaimt and from all mryaoaes, damages, q' imy or conduct, want of care or skill, negligence or default, including pstmt infriogaIDmt on the part of the Principal, his sgmN or employees, incite exwJdm or perlbanusaoe of said Contract, as sat forth in the Contract, sad furdw, If the Principal dua0. promptly make payments to all who supply bim with labor and/or materials said Contract, then d directly � y by tha opal 4 prosecution of the Work provided for in ly and severslly, agree to Pay din County ofIndtm River any the Principal th Surely, hal Me County of Wim Riva may W ob ' to any completion ee between the sum that the h&d Pay for the eompletien of raid Work, by contract or otherwise, and any damage, whetba ditact, indirect, or consequential, including reasonable attou`Ws fee (molud* %Vdlate psouedmgs), which the Comely of Indian River may incur as a result of the More of the Principal to propaly execute all of the pmvisiow of the Contract. And, the said Principal and Surety hereby further bind the mselve, their mcceaota, exec tor% administrators and MdP,% jointly and severally, that they win amply sad fully protect the County of Man Riva aga$ut and will Pry may and W amounts, damages, costs and jodgmada which may be Page 28 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON , CLERK BK : 2113 PG : 1120 recovered against Or wbioh do Catudy of Indian River may be rolled Upon to pay to my person or corpaaatm by reawn of any image +ung flom the perfomrmee of the acid work, repair or mainteoamx therw>: or the merman of doing flu sarin or his agents or his savmrts, or the iaftWemmts of any patent rights by raven of the use of any material famislod or work done, as aforesaid or otherwise. And, the acid Surety, for value received, hereby sdpubW and agues that no ehmge, extension of time, alterstion or addition to the lama of the Conhaot or to the wodr to be parfmo d theramder, or the Specifications or Drswioga woompoying the same„ shall m any way affect its obligation on dim _ Band, and it does hereby waive notice of any gwb d mg% extmsioo of lima, altetation of addition to the twos of the Conrad or to the wash or to the Specification or DravtbW And, the Wd Principal and Smety jointly and sevetaily comm and agree that this Bond will ratr ain in Coll force and effect for a period of nim yar commencing on tha data of Pinel Completion as established in the C artificate of Irmal Completion ss % mad by the County of Indira River. In Winos Whe=4 the above bound patties executed this i merarnnt under their saverai Beals, this 11th dayof Decemh r 20ib, the normo and corporate seal of esch eotpoaata party being hmetts popaytLmdd�and then presents duly aped by ft �areignod representative, • • • '�. . . . . .�iYemm Roomi... - • . ..i.f:ji. . u . . un u . .u . uu . . .a. nou . 0 uu . . . . . . . . MM the PrkAiDal is and ivi nl: Signed, scaled and delivered in the presence of, Witness Signtore of ladividaal Address Printed Name of individual Addre» Printed Nino of h dividaal Wimesa Address . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . mm the lhiaebw is a Sole hmdmahip or amamd under a Trade Name: Signed, sedod and delivered in the pretence of. Wlmms Name of Partnership Address BY Partner Page 29 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK : 2113 PG : 1121 Witness Printed Name of PwWw . . . . . . :@ .� . . F�°. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 5.'.�. . . . . . . . .. . . . . ., . . . . . . . When the PrincipalisaP AFM: Signed, sakd and delivaad in the prasace of: vrftm Nam of Pninerd4 AddrBy. ess Putndr Witness Molod Name of Partner . . . . . . . ddress . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . (Sod1. . . . . . . . . . . . . . . . . . , . . . . When the Pri+r_iydl in a � Attest: CYN TNlA D. WSwri.r. CMI Electronics . Inc . Shy Napo orporation By. pit Printed Name CQlEF /NANURL OFF/GHQ official Title Certificate as to Cvreerme Prheii t I CyMr#IA D. R RAJk6at.. c W,* tathI am 60 SSeocenry of the cotpomtion named as Principal in the within bond; t o t 1 D . Cmv4kNLvX who sipxd the said bond on bdhdf of the PrWdpd wu ffien H! r- C Q of add Corporation; %a I know his 4aahue, and his sigoa = thereto is getamu; and that said Bond wu drily signed, ceded ad netted for and on behalf of add Corpontioa by vAbority of its vVemingbody. (Seal) . Secretary To be executed by Morato a, ,at,,. Page 30 of 72 ATRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON, CLERK BK : 2113 PG : 1122 Attast 2V Western Surety Company ' Caapomte Surety P . O . Box 5077 Sioux Falls . South Dako4';511,7�5077 Business Addmn By (Affix CoMorste Seal) Thomas J . Bole Attomoy-In-Fact Cobbs Alt n 6 Ba17 n , Name of focal Agency 115 Office Park Drive , Suite 200 Birmingham . Alabama 35223 Stmeof _ Alab mn BuibimAddters COtMty of Tafferann Befm m% &Notary Public, duty comtmusowd, qu Ufied and aeft perwaally appeared _ - Thoma & t Bole p to me WOR known, who being b m e fM avvom pada, say dMIbeiathe9ft=wy MfiMIfcethe Western Surety Company o nal that he he basbaaaudwrizedby `western Surety Company to execute the fotcgotng bond onbdulf of the CwhIdw named therein in favor of the Comty of%diaa Riva, Florida SubsaIbodtmdswam befommethis Lith day of December 200 , _ NwayPubUc, State of Alabama c; My Commis ion expires: WCDV 8iurx�sraR �uoa Page 31 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK I BK : 2113 PG : 1123 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mea By Thee Preaenss, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Side of South Dakota, and that it dos by virtue of the signahue and seal herein affixed hereby make, constitute and appoint Alan Earl Berman, Deana Collins Evans, Debbie Death Boggs, William H Fedor, Thomas J Bole, Thomas C Bole, Lori M Sisson, Individually of Birmingham, AL, its We ad lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corpormion and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confined. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has reused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of October, 2006. WESTERN SURETY COMPANY z Paul . Bruflat, Senior Vice President State of South Dakota 1 County of Minnehahe 3 u On this 16th day of October, 2006, before me personally came Paul T. Bmiat, to me known, who, being by me duly swam, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Via President of WESTERN SURETY COMPANY described in and which executed the above instrument; then he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the am and deed of said corporation. My commission expiry +••+••44w+•44\4.4++4444\ , a D. KRELL � November 30, 2012 +f/�'��NOfMY PUiL.IC��I SkB�JBOUTN DAKOFA1�r'L5/I y VC.�[�CJI 94\444+44444444444444444 (' D. Krell, Nullity Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-,LaW of�the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the slofftezoideorpafMi4 this 11th day of December 2006 WESTERN SURETY COMPANY C " $e y itr S a'V x yr r L Nelson, Assistant Secretary Form F4290-09-06 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON , CLERK BK : 2113 PG : 1124 Authorhing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following Bylaw duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. E CF FLC ,?ICA COUNTY "- : A ! S IS TO CE?.T'•, FY THAT THIS ISA A�ID CO F, - FCT COPY OF THE OFIOINAL ON FLE IN Tr. !S OFFICE. v �J . K. BARTON , CLERK r }` = BYl/` UA'tnCl DEPUTY CLERK NOV - 28 - 2006JIIE ' 11 : 30 STARKE INS ( FAX ) 334 264 3375 P . 002 / 003 10 ACORD CERTIFICATE OF LIABILITY INSURANCE s cMIE OPIDi DATEihUDDNY ) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Starke Agency , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0 . Box 4359 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Montgomery AL 36103 - 4359 INSURED INSURFRA wood Spacial Risk Brokers , LLC INSURERB Union Standard Insurance CMI ElectronFacke, icsInc . INSURERC Sent Insurance , Montgomery AL 36117 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY VtK I AIN , I FL: M3URANCE-AFF0TZD= I HL FULIUILS UtSUKIULU HtNtIN 15 SUBJECT TO ALL I H� I =RMS. !EXCLUSIONS ANU �UNUI I U)Nb Ur �UUEI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TSRLTR NSR TYPEOFINSURANCE POLICY NUMBER DATE MMIDDIPOLICY YY i DATE CY MMID� LIMITS GENERALLIABILITY EACH CCCIIRHLNCt $ 11000 , 000 DAMAGETC RENTED CLAIMS MADE XICCCUR MED EXP (Any one per.,on) $ 1 , 000 PERSONAL 6 ACV INI $ 1 , 000 , 000 GENERAL AGGREGATE $ 21000 , 000 GEHL AGGREGATE GMIT APPLIES PER. PRODLCTS COMPIOP AGG % 1 , 000 , 000 POLICY F7 JECT LOC AUTCMOBILE -IABILRY B X ANYAUTD CAA4168047 10 / 17 / 06 10 / 17 / 07 (EaAxdDsmGLE LIInIT $ 1 , 000I 000 (Ea aald¢nq 111-11- ILY INJURY It SCHEOLLED AUTOS (Per person) 1 HIRED AUTOS BODILY INJURY NON-OWNED ALTOS (mer acc.iderritlem; $ PVUYLH I Y UAMAUE $ II (Ler acaEenp GARAGE LIABILITY AuTOONLY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY PP EXC ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 3 , 000 , 000 A X OCCUR CLAIMS MADE CLTBW1896106 10 / 17 / 06 10 / 17 / 07 AGGREGATE 83 , 000 , 000 $ DED'1CTIBLE X RETENTION 510 , 000 $ WORNERS COMPENSATION AND X TORY LIMITS ER C EMPLOYER$' L[ABILITY 90 -53481 - 01 01 / 01/ 06 01 / 01 / 07 EL EACH ACCIDENT $ 1000000 ANY PROPRIPTORIPARTNERIE(ECUTIVE OFFICERIMEMBER EXCLJCEDi : p = '1 F % T n nnn 1I yaq tlescri be under SPECIAL PROVISIONS below E.L. DISEASEPOLICYLIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE : Inidan River County - Bid # 2007014 Judicial Complex Security System Upgrade . Indian River County is shown as additional insured with respect to the General Liability . CERTIFICATE HOLDER CANCELLATION SHOULD AN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE UPIRA71ON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Indian River County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL General DeS'. Dept Purchasingng Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 1840 25th St REPRESENTATIVES. Vero Beach FL 32960 A H IjE `"�E E�L1Al��VE ACORD 25 (200'1108) !d'� �L 1 0ACORD CORPORATION 1988 NOV -,28 - 2006 ( TUE ) 11 : 31 STARKE INS ( FAX ) 334 264 3375 P . 003 / 003 IMPOR ANT It the nert f Gate holder Is Pin ADDITIONIAL ll�' SURED , the policy(ies) mi-ist be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A StRtBMQAl on this cart ficate does not WOW rights to the Ger4 fin;ate holder in lieu of such endorsement(s) . M EH The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend , extend or alterthe coverage afforded by the policies listed thereon . ACORD 25 (2001108) NOV - 28 - 2006 ( TUE ) 11 : 30 STARKE INS FAR ) 334 264 3375 P . 002 / 003 , AcoRD, CERTIFICATE OF LIABILITY INSURANCE OP CMILD i DATE [MMHDD 6 PRODUCESISce&TIF ICATE_Is_ISSUED-AS-" AT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Starke Agency , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0 . Box 4359 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Montgomery AL 36103 -4359 35 Faar • gjll-1' Ra - Ra -eS INSI!RERS AFFORDING COVERAGE NAIC-t INSURED INSURER Apoo Wood S 1>1 Risk Brekota , LLC INSURER B Union Standard Insurance CMI Ele CtrOR1 C5 , IRC . INSURER C: Sent Insurance a36 -A Ma k 1 Dr+ v SURER R Montgomery AL 36117 INSURER E: j COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR OBJET-, ITU ALL I HE I EKIMG. =XULOSI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LPOLICY EFFECTIVE POLICY EXPIRATION TR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDWYY DATE MMGOM LIMITS GENERAL LIABILITY EACH OCC.'URRENC1] $ 1 / 000 , 000 DAMAGE TO RENTED CLAIMS MADE X 1 OCCUR MED EXP (Any one person) $ if 006 -- PERSONAL & ADV 00PERSONAL & ADV INJURY $ 11000 , 000 G EN ERAL AGGREGATE $ 2 , 000 , 000 GENL AGGRECATE JMITAPPL16S PEP.'. PRODUCTS COMPIOP A" C 1 , 000 , 00 0 POLICY PRO- ECT OC AUTOMOBILE LIABILITY coMBPIED SINGLE LIMIT $ B X ANY AUTO CAA416004f 10 / 17 / 06 10 / 17 / 07 1 000 000 (Ina anq / / At I SAI m AI ITnc SCHEDULED AUTOS (Per periPid $ I WIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per accident) VRUVI.HIY UAMALI (Per accltlenlf GARAGE LIABILITY ALTO CNLY - EA ACGOENT S ANY AUTO EA AGC $ ALTOONTHAN ALPO NLY: rc EXCESSIUMBRELLALABILRY EACH OCCURRENCE S3 , 000 , 000 A X OCCUR � CLAiMS MADE CUBW1096106 10 / 17 / 06 10 / 17 / 07 AGGREGATE 53 , 000 , 000 DELPHIC LE s X RETENTION S 10 , 000 $ WORKERS COMPENSATION AND XTORY LIMITS ER C EMPLOYERS LIABILITY ANY PROPRIETOR�PARTNERIE%ECUTIVE 90 - 53481 - 01 01 / 01 / 06/ O6 0101 D7 E.L EACH ACCIDENT S100000 OWICERIMEMBER E%CLIJDED] F I DISFAAF - FAI'MPInYEEF1 nnnoi R I Yes, dws gisr under SPECIAL PROVISIONS helcw EL DISEASEPOLICYLIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE : Inidan River County - Bid # 2007014 Judicial Complex Security System Upgrade . Indian River County is shown as additional insured with respect to the General Liability . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCB.LED BEFORE THE EX MATICHY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Indian River County NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT, BUT FMLURETO DO SO SHALL General Services Dept Purchasing Dept IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1840 25th BE REPRESENTATIVES. Vero Beach FL 32960 A H IEPEg.�tTnTlve ACORD 25 (2001 /08) ��UJL I © ACORD CORPORATION 1988 N09 - 28 - 2006 ( TUE ) 11 : 31 STARKE INS ( FAX ) 334 264 3375 P . 003 / 003 IMPORTANT Al-INSUR€D the policy(ie& mu"P endorsed , A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may fer-rigto the c;ertwf cat@ holder in lieu of such endorsernent(s) . The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon . ACORD 25 (2001 /08 ) Page 1 of 1 IIIIIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIII Print Date: Transaction # : 160565 12/ 18/2006 3 : 59 : 36 PM # Receipt # : 154818 Cashier Date : 12/ 18/ 2006 3 : 59 : 33 PM Jeffrey K . Barton , Clerk ( MCIVER) 2000 16th Avenue Vero Beach, FL 32960 ( 772 ) 770 -5185 www . clerk. indian - river. org Customer Information Transaction Information Payment Summary Date Received : 12/ 18/2006 Source Code : Over the Counter ( CA) COUNTY ATTORNEY q Code : Total Fees $98 . 00 Will Call # : ADMINISTRATION BLDG Return Code : Will Call Total Payments $98 . 00 Trans Type : Recording Agent Ref Num : 1 Payments FEE -N JV 020305 $98 . 00 1 Recorded Items BKPG: 2113/1115 CFN: 1807011 Date : 12/18/1006 ' R ( 3:59:30 PM BND ) BOND From : CMI ELECTRONICS INC To : INDIAN RIVER COUNTY Recording @ 1st= $ 10 Addt'I = $8 . 50 ea . 10 $86 . 50 Indexing @ 1st 4 Names Free, Addt'I = $ 1 ea . 3 $0 . 00 Copies @ $ 1 per page ( 1 ) ( 1 ) Copy 10 $ 10 . 00 CERTIFY 1 $ 1 . 50 0 Search Items 0 Miscellaneous Items file ://C :\Program Files\RecordingModule\default.htm 12/ 18/2006 1807012 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN {RIVER CO FL , BK : 2113 PG : 1115 , 12 / 18 / 2006 03 : 59 PM PAYMENT BOND Know all men by these premants: ByWsBoad, we CMI Electronics , Inc . 435-A Hackel Dr Montgomery , Alabama 36117 ffmutmma. pooripallmdesaaad*aaa, and laleh= Ong= of Pr6dp.Y0mtataa) 334 - 2.21 - 5630 as Pnnupal (Comractor) Ind W a ern SnC raty ompany . p 0 Box 5077 S ' Falls , S . D . 57117 aoWpocation u (�aca0. PdwWbtM+esa, ands eobad mSaat) ao - 331 - 6osg ' n Sandy, are held and fmnly bound onto the County of In RiSver, Florida, 1840 25roh St , Vero Beach, Florida 32960, (712) 567-g000), in the sum of One Hundred Seventy Seven Thuuaand Si H, ndr d n y ,EiSht Dol (WdumAmoaon (Nannie Amewa) amounting to 10095 of the total bid price. For payment of acid a= we bind ouaaelves, our heirs, mem admntlem +bona and *KWA Jointly and severally, for the faithkal performance of a certain Written Contacts 4ed the 21st dayof_ November _ 2006 entered into between the principal and the County of Indian River, for. Bond Number 70207997 NeMNaWe: Indian River rounty Ttdirial Complex Serurity Sv t Upgrade Bid Numbs: 2007014 ProjectAddrew: 9000 16th Aversy rn RpaCh . Flnrlda 37960 NedDeacmjPtion: Security Syntpm Unargelp A copy of said Contreot is i iewporated Lavin by reference and is made a part hereof as folly copied herein. NOW) Therefore, the Canditieoe of On Obligation ace mink that, if the PnWpal shall promptly make Paymerna to all eLimmts, as heroin below defined, thio this obligation shall be void, otherwise, this Bond shall remain to fall fora and effect, subject to the following teem and conditions: 1. A claimmt is defined as any Peram :applying the ptmeipd with labor, materiel of auppliee, used dneedy or indirectly by the Principal or my mbeeneraeter in the prosecution of the Work provided for in said Courier, and is further defied id Section 713.01 of the Florida Swates. 2. Ploads Stamm Section 255.05 (2005), u amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Stwhda Section 255.05, ie incorporated herein in ita entirety by this tele rnaL The above name Principal and Surety bereby jointly and severally agree with the County of Indira. River that every claimant as berain defied, who has not bee paid in full before the mcpiration of a period of ninety (90) days atter performance of the labor or after complete delivery of materials and mpPlim by such Claimant, may we on this Bond for tho use of sock claimants Prosecute the suit to RDW judgment for such sums a sane u may be juedy due Claimant, amd have execution thareom The County of Indian River " not be liable for the payment of any costa or CRMM of any anch suit. No suit or action &all be commmeed hanuder by may claimant: Page 32 of 72 A TRUE COP'S CERTMCAnON ON LAST PAGE JX BARTON, CLERK I BK : 2113 PG : 1116 Unless claimant, other fhm one having direct cownct with the Principal, shalt within Wy-five (45) days afterbagi ming to furnish labor, materials or supplies for the prosecution of We work, famish to Principal and Surety with a notice that be intends to look to this Bond for protection. Unless elaimsot, other than am having aired contract With the Prinapal, atoll within mmety (90) days after such cleinoani'a pwfo wmw of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the perfomnance of pact labor or delivery of such materials or supplies and the nonpayment tutef om After the expiration of one (1) year fioar the paformanee of the labor or oompkton of delivery of the materials or soppliea; it bang understood, however, that if any limitation erabodied in this Band is lend by any law controlling the 000straction hww4 mch limitations shall be deemed to be amended, so as to be equal to the minimumpetiod of limitation permitted by such law. Other then in a state court of oompdeat judedietion in and for brain Riva County, Florida, or in the United States Diatrict Court fa the Southern District of Florida, sod rot elsewhere. The Stray, for value [craved, hereby stipulates and agrees trd no charge, eattenuon of time, alteration of or addition to the ttsuns of We Contract or to the work to be performed theroumder or to the Specifications applicable thereto, chat in any way affect its obligaticw on this Bond, and the Surety hereby waives note* of any Such change, extenaion of true, 0cratiow of or addition to the tams of ft Counter. at to do the wodr or to the Specifications. The Surety represents and warracts to the County of bdian Riva that it has a Best's Key Rating Guide. Genera Policyholder's rating of"A" and Financtd Size Cetegory of Class RRV. The Principal and Surety jointly sad severally covenant and agree that this Bond will remain in full face and effect for a period of am (1) year commemiog on to date of Firm Completion as glablished on the Certificate of Final Completion as imbed by the Coute y of Indian River. The Principal and Surety jointly and Severally, agree to pay the County of Indian Riva all losses, damages, expenses, cosh, and attorney fes, including appellate proceedmp Wet the County of Indian Riva sustains because of a ddWt by the principal under the contract In Witness Whereof; the above bound partes executed this iwtmment under their wvad scab; this 11th day of December ' _ 200. 6 • the .ame and corporate sed of ewh wrporatopaP�aarttyy being herctto affix and toe presents duly Aped by its undersigned r . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . When the kdndtW is and bL'vidua Signed, sealed and delivered in the presence of: Witness Sigoatme of individual Address Printed Name of Individual Page 33 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK : 2113 PG : 1117 Address Piintod Nome of Individual Witness Addressmovesseen so Be . Signed sealed and delivered in me pramoe of Witness Name of Partnership Address S)r Partner WitnLey- Prinnttod Name of Punier , one Goes * \ Damage a . . . .a \ . . aaa. . aaaa . mom . esave . Dow \ . ./\ . . . . .. . .. \{\ assume . . . . \ . \ \ . Wh® the P3'ncimt L A Patlmvhin; . Signed, sealed and delivered in as p "em OE Witness Name offthumihip Address By. Panner Witn= Printed Name of Partner . . . . . . .aaa0aesa. . a . a .. . . . . . . \ . aa . .... . . . \ . . . . . a . . . . . . . . . . f:". .. . . . . . . . . . . . \ . . . . a . . . the Prineind is a CarnomltIM, Attest CMI7f/A D . tP, 4SW 'Lt. Electro Inc . ms $eName oft By. P �, Di ' Air C r ` warn A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTONI CLERK BK : 2113 PG : 1118 Name Oficial Title Certl cats as to mm9..tn Prineimt l CYAM11A 0 , Ii RAS We LL oettif9that l am tlta Sectehry Of the OMllOfabon named sa P+bond o � eh within bond; the PN I L I P D C-itR N tf R, wlg signed the taidbondo¢ behaltofthePrixipalwastbea 041 8: FlIgAig JnI, ofcir, 171t of said Corporation; that l lmaw ]da sigoanae se'd li$ siPWM t>Cto is gmutue; and that said Bond governing body. was dally signed sealed and One" for sad on behalf of said Corporation by authority of its (SCSI) A secretary Ta be pcecuted by Cmyorata fen..,.,. Western Surety Company ffiX7mfmd Omponte Surety P . O . Box 5077 Sioux Falls . South Dakota: 5-71.7,-5077 Business Mdreaa By_ L � Thnmaa .L Anle Attarrney-la-Fact Cobbs . Allen 6 Nall Inc . Name of Local Agency 115 Office Park Drive , Suite 200 Birmtn ham . Alabama 35223 State of Alabama Business Address CountyoF f f erson Before m0. a Notay Public, duly aommis owd, qualified and acting, poly VPettted Thomas Jy Bole to me well lmown, wbo being by me fiat duly sworn upon oath, aysihathaisthaatbomcy-inSotfxWe Western Surety Company end that he has been authorized byy ComDanv to ezeeuie the foregoing bond on behalf of the Coahsotor mored therein in favor of the County of Lydian River, Florida. Subsen'bed and sworn before me Ws _- 11 tbo _ day of December 006 , _ Notary Public, State of Alabama Page 35 of 72 MVWM= 0 BAI RW2Z wm A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 2113 PG : 1119 PERFORMANCE BOND Know all men by then pry: By11d* Bo1AweCMI Electronics Inc 435—A Backel Drives MontRomery , Alabama 36117 xw*ffefF=*01Cw1rww) 334 - 272 -5630 aPriacipd (Contrwtor) and Weatern .r y Gomm p 0 Box 5077 Sioux Falls , S . D . 5117 teewvFW UMUMS% MdtdapLeoeaom6erof�) Bco- 331 6053 a vorparrtton a Suroty, are held and fimlly bound unto the County of Indian River, Florida, 1840 25 Stmt, Vero Beach, Florida 32960, ((772) 567-8000), in the sum ofenty Two Thonvand Thirty Five 6 NO/ 100 Do (s . 00****** (wriuraAmamr) ft=P& Amoum) amounting to 125% of the total bid ptice. For payment of said atm we bind ourselves, our heirs, executon, admindahntions and awigm, jointly and severally, for the faithful perfomnsuce of a certain written Contract, dateddw 21st dayof_ November 2006 entered into between the Prindpd and the County of Indian River, for. Bond Number 70207907 ProjcdName: Tndian River County Judicial Comol x Security System Upgrade Bid Number: 2007014 ProjectAddreaa: _ 2000 16th Avenue Vero Beacin Florida 32960 ^Y PmjectDeacriptiow Security System Upgrade A COPY of said Contract is inoxponted herein by reference and is made a Part hereof as MY copied herein. Now, Thaeforc, The Coaditiems of lbiat)bligatton we such, clot if the Principal shall in all respeets comply with the tams and conditions of aid Contract end its obligations thereunder, including all of the Contract Documents thmVin rehried to and made a part thereo& and such alterations as may be Made in the Conrad Drawings and Specifications u *Avin provided for, and shall indemnify end We harmless the County of hWian Riva against and from all expenses, damages, igiumy or cooduot, want of nue or skill, negligence or default, inctnding patent kfihgcmmt on the part of the his agents or emptoyeey in the aetatU m aer8um pace of add Contract, as ant forth in the Co and fis'dw, if the Principal "ll promptly make payments to all who supply him with labor and/or materials used add Contract, thenen ob directly or indirectly by the Principal limon of the Work provided for in ligation stall be null and vol • odwMse, the Principal and Surety, jointly and severally, agree to Pay the 0mw1Y of Indian River aqy dif ettace between the sum that the County of Indian Riva may be obliged to PRY for Ore completion of said Work, by contract or otherwise, and any damages, whether dve;4 indirect, or consequential, including reasonable srtomay's fee (mclnding "diam bungs), which the County of India River may b0z a a result of the failure of the Prixhpd to properly exemne all of the provisions of the Contract. And, the said Wmdpd and Surety hereby further bind thamgd s, their administrators and =4%2, jointly and rovaa ly, that they will amply and fully protect tthhe County of Indian River agsima, and will Pay sty Bud All amounts, damages, costs and judgments which may be Page 28 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK : 2113 PG : 1120 reoovercd Aglind err which the County of Indira River may be called upon to pay to any person or corporation by reason of any damage arising fimm the perfom once of do said work, repair or maiatene w thereof; or the mum of doing die same, or bis agents or bis savents, or the infiiogements of any patent rigbb by reason of the use of any material fmmished or work done, as aforessid or othawiso. And, the sad Surety, for value received, hereby atipuleta and agrees that no ehmge, mb mion of time, 0114te n of addition to the terms of the Contract or to the work to be pmfamed thereunder, or the Spedfieations Or Drawings noouraoymg the name, shall in any way affmt its obligations on due . Hord, and it does hereby waive notice of my such change, eztmedou of time, alteration or addition to the terms of the Contract or to the work or to the Specifications or Drawings. And, me and Principal and Sursty joi * and smotally covenant and agree that this Bond will remm in full fume and effect for a period of ore year wmmeming as the date of Find Completion as established in the Certificate of Fiml Completion as issued by the County of Indira Riva. In Witness Whereat the above bound parties executed this inammmem under their eeveral seals, this Ih day of December . 201 , the name and corporate seal of each corporate party being hereto affixed and these prmaents duty aped by its mdcWgoed representative, Pmawnt to authority of its gavaaing�p�y. . . . . .. . .. . . . . . . . . . . . . . .. . . . ... .1s /. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . .. . . when the Princimal is end hrdlvidust: Signed, sealed and delivered in die pr Pump Of. Witness Sigratmm of Individual Address Primed Name of Individual Address Prinked Name of Individual Witness Address USE . . . . . . . . . om mmaaamaaaaaaaaaaaaaaaa mass aaaaaaaaaaaaaS a Ramps nam mum smmmmamaam a a . . as When &A Pr WbW is a Sol* PmpLdmft orap gW under aTradeNmre: Signed, scaled and delivered in the presesee of.. Witness Name of Partaasbip By. AddressPartum Page 29 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK EK : 2113 PG : 1121 W,iWo'4uvase P�(rint��ed Name of Patger aaI gas age SoAon *seen mat as lanamaga maaamaaaaaa aalaaaaalwool mesas & ahem a a galaaoaaam a am a as When the Ptincieal is a parinabin; Signed, waled and dellviaed in the pomace of Witaaaw Name of PaWaddp Adams By Pattaat Witness Fueled Name of Pataer Address Se so@a I stelae as wpm aaa aaam ones a MR( w); �aaaaaaamaaaaaamaY among % When the EdugilW : a •�. Anew CYAirlVA D. BRASwriim CMI Electronics , Inc . semzwy Nspq cPotation Ey: ` J ( Ate' Capmatc SaU; o i J plill — PtiatedName (Vi F FINANCJAL 06cluiR Official Title SariGonto as to Comorate Pl D&g I CYN rm D. R gAs wcLf oectify the I am the Seg of the ootporaU= named as PriwhW in the within bond; the L IP D• �4 R Nr who dgned the add bond onbehatfofdmPsrocipaiwas tm CNlt:P NMYLf4L aFFlO6Q of said Corporation that I ]mow his NPuffe, and hie siPatm theraeo to genuine; and that acid Bond was dully wigged, waled and aborted for and on behalf of sad Corporation by authority of its 6m'eming body- (Sell) 4 Sof' To be ocecutedTo be bv��e Page 30 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2113 PG : . 1122 Aaest; ;western Surety Company [ ' Cmpomle Surety P . O . Box 5077 . - Sioux Falls . Sauh Dakota':5111'-5077 Bnsimta Address By: /2'1 (Affix Cmlwnfe S%D Thomas J . Bole - - Attomsy-ln-Fut Cobbs . Allan & Ball . Inc , Name of Local Agency 115 Office Park Drive , Suite 200 Birmineham , Alabama 35223 Stmeof _ Alabama BuamewAddmu County Of. Jeffuran Before me, alloary Fubho, duly mmmumnA qu Ued sod seting, pe m&4 appeared - - Thomna r Bola p to me Troll bMWE6 who being by me first duly mom upon oath, msdwheistheznomey-infadzrthe Western Surety Company and twhe haabeen unhmizedby Western Surety Company to execute the foisgoing bond onbeWoftheCOMMAWmimedt orekinfavorofthe CountyofIadimRiver, Florida. Subsadbod and swum bofom mo this 11th day of December 200 Notary Public, - Statoof Alabama IV ,3 MY Cammwoft expires. . . .. . ... . wcokoer Page 31 of 72 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON , CLERK I BK : Man- 2113 PG : 1123 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mn By These Presend, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Alan Earl Berman, Deana Collins Evans, Debbie Death Boggs, William H Fedor, Thomas J Bole, Thomas C Bole, Lori M Sisson, Individually of Birmingham, Al. its true and lawful Attorney(s)-in-Fact with full power and authority hereby confemd to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby a fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, a indicated, by the shareholdcrs of the corporation. In Witness Whemr, WESTERN SUREfY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of October, 2006. gMarr WESTERN SURETY COMPANY Paul .Paul . Hce President State of South Dakota 1 County oFMinmhaha 3 ss On this 16th day of October, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vim President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; thin it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expire F••rr•.w.r•.•\••\•.••\•. November 30 2012 I//���NOrA11Y PUBLIC/►�i s(SJBOUTR oAKorAs�jr' 1\\•\\\•\••YY\••\\\•4th\ D. Krell, NoRry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabovc set forth is still in force, and further certify that the By-jaw of/ corporation printed on the reverse hereof is still in form. In testimony whereof f have hereunto subscribed my name and axed the ueJ;ojQ�ei 'saidasrpp affixed rkibpthis 11th day of December 2006 t Z . ... WESTERN SURETY COMPANY , s P % 'ri Itr w Oct> d c[V W ,,tea re L Nelson, AaalatffiII SCCretaty A TRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON , CLERK BK : 2113 PG : 1124 Authorizing By-Low ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. t_ GF FLC ,iIDA . . Fi9/ER CrIurITY "HIS IS TO CER_ + Y THAT THIS IS A T=,,._ 2 AND COF,�= c T COP`! OF THE CRiGINAL ON FiLE !N THIS CFFCIE. �J ,jK�, BARTON , CLERK DEDUTY CLERK '' DATE a0