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06/18/2003 AgreementDANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 24, 2003 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Administrative Assistant Public Works Division FROM: Pamela G. Hand Deputy Clerk At the June 18, 2003, Board of County Commissioner's Meeting the Board granted approval to award bid and authorized execution of a Contract Agreement between Monroe County and Siemens Building Technologies, Inc. for the testing, certification, and maintenance of the Monroe County Detention Center fire alarm system, building automation system, and smoke control system; the Sheriff's Administration Building fire alarm system and building automation system; the Juvenile Justice Center fire alarm system and building automation system; and the Courthouse Annex fire alarm system. Enclosed is a duplicate original of the above -mentioned for your handling. Also, enclosed are the four copies of the Addendum 1 to Terms & Conditions, that were removed from the Contract documents, as they were not included with the Agenda Item that went before the Board (refer to Rob Wolfe's memo, also attached). Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File ✓ Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 - Fax MEMORANDUM DATE: July 17, 2003 TO: Dent Pierce Public Works Director Bill Grumhaus Risk Manager FROM: Rob Wolfe Chief ACA (qz) RE: Siemens Building Technologies, Inc. VIA FAX 8--r @- 9-r *- a-. b-. *- * - * - 8--. 8--r 8--r O-r " *� 8-W 8--. The Clerk's office has brought to the attention of this Office that the tabbed page entitled Addendum 1 to the Terms and Conditions dated 5/15/3 and initialed by Mr. Grumhaus on 5/20/2 was not in the package that was approved by the BOCC. Since the Addendum is substantive, it will either have to be removed or the contract reapproved at the next BOCC meeting. Please advise. RNW/ jeh Enclosure fi4-- Addendum 1 to Terms & Conditions s/Gp�e 3 between Monroe County, Key West, Florida ("County") and Siemens Building Technologies, Inc. ("Contractor") Dated: 5/15/03 County and Contractor agree to modify the Terms and Conditions as follows: Risk Manazement Policy and Procedures Contract Administration Manual The County, at its sole option, has the right to request a review cei 'fig of any or all insurance policies required by this contract at Contractor's corporate offices located in Iselin, NJ. Section Four General Conditions Sections 4.04.11 and 4.04.12 are stricken in their entirety. Indemnification and Hold Harmless Form TCS The Contractor covenants and agrees to indemnify ... whiek to the extent such damages arise out of, in direct connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned directly by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The parties agree that this addendum modifies the Bid Documents between the parties and is incorporated therein by this reference. Monroe County Bid (Br 216).doc CONTRACT AGREEMENT This agreement, made and entered into this 18th day of June, 2003 A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and Siemens Building Technologies, Inc. , party of the second part (hereinafter sometimes called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the Specification entitled: CERTIFICATION, MAINTENANCE, AND TESTING SERVICE AGREEMENT DETENTION FACILITY Fire Alarm System Building Automation System Smoke Control System SHERIFF'S ADMINISTRATION BUILDING Fire Alarm System Building Automation System COURTHOUSE ANNEX Fire Alarm System MONROE COUNTY JUVENILE JUSTICE CENTER Fire Alarm System Building Automation System MONROE COUNTY, KEY WEST, FLORIDA and his bid dated May 20, 2003, attached hereto and incorporated as part of this contract document, and shall do everything required by this Contract and other Contract Documents. 3.02 THE CONTRACT DOCUMENTS a) The Contract Documents consist of this Contract Agreement, all Change Orders, the Request for Bids, any Addenda, the Specification Package, the Insurance/Indemnification/Hold Harmless Documents, the Non-Collusion Affidavit, the Drug-Free Work Place Form, the Ethics Clause, and any other Amendments hereto executed by the parties hereafter. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 3.03 ASSURANCE AGAINST DISCRIMINATION The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 3.04 ASSIGNMENT The CONTRACTOR shall not assign or Subcontract this agreement, except in writing and with the prior written approval of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS and CONTRACTOR, which approval shall be subj ect to such conditions and provisions as the OWNER and CONTRACTOR deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the OWNER in addition to the total agreed-upon price of the services/goods of the CONTRACTOR, nor relieve the Contractor of its obligations under this contract. 3.05 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall enti tle the OWNER to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 3.06 LABOR, MATERIALS AND EQUIPMENT: a) CONTRACTOR shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the facility. b) All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. Original invoices will be submitted to the OWNER for reimbursement. All materials and equipment shall be applied, installed, connect- ed, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as other- wise provided in the Contract Documents. c) The OWNER is tax exempt and reserves the right to purchase directly various materials and equipment that may be a part of the CONTRACT. If the OWNER elects to make a particular purchase, the Director of Facilities Maintenance, Public Works Division, will act as a purchasing agent for the OWNER. The OWNER will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Director of Facilities Maintenance, Public Works Division in the preparation of these Purchase Contracts. d) Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the OWNER. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the OWNER. The CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of this contract shall be considered a material breach and shall be grounds for immediate termination of the contract. e) The OWNER designates the Director of Middle Keys Operations, Public Works Division, to function as Contract Manager, who shall be responsible for enforcing performance of the Con- tract terms and conditions, serve as liaison with the contractor, and approve all invoices prior to payment. 3.07 SAFETY AND PROTECTION a) CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all neces- sary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1) all employees on the Work and other persons and organizations who may be affected thereby; 2) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utili ties and underground facilities not designated for removal, relocation or replacement in the course of construction. b) CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. c) The CONTRACTOR shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property, directly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the acts or omissions of OWNER or anyone employed by OWNER whose acts may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR) . 3.08 EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER, is obli- gated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give OWNER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. 3.09 TERM OF CONTRACT This CONTRACT shall be for a twelve (12) month period beginning on June 1, 2003 and terminating on May 31, 2004. The CONTRACT term shall be renewable in accordance with Article 3.10. '3. 10 RENEWAL The OWNER shall have the option to renew this agreement after the first year, and each succeeding year, for three (3) additional one year periods. The contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. 3.11 CANCELLATION a) The County may cancel this contract for cause with seven (7) days notice to the Contractor. b) Either of the parties hereto may cancel this agreement with- out cause by giving the other party sixty (60) days written notice of its intention to do so. 3.12 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an ~X" on the attached forms identified as INSCKLST, as further detailed on forms WC1, GL1, and VL1, each attached hereto and incorporated as part of this contract document and/or bidding documents. 3.13 FUNDING AVAILABILITY Notwithstanding anything contained elsewhere in this contract, if funds for Facilities Maintenance Detention Facilities Contractual Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the OWNER by written notice of termination delivered in person or by mail to the CONTRACTOR. The OWNER shall not be obligated to pay for any services provided or any equipment purchased by the CONTRACTOR after the CONTRACTOR has received written notice of termination. 3.14 PROFESSIONAL RESPONSIBILITY The CONTRACTOR warrants that it is authorized by law to engage in the performance of the acti vi ties encompassed by the proj ect herein described. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued fund- ing by the OWNER is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of CONTRACTOR. 3. 15 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in wri ting and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR OWNER: FOR CONTRACTOR: Monroe County Public Works Correction Facilities 5501 College Road Key West, Florida 33040 Attn: Director, Middle Keys Siemens Building Technologies, Inc. 10111 Business Drive Miramar, FL 33025 Operations 3.16 PAYMENT a) The OWNER shall pay to the CONTRACTOR for the performance of said services on a per quarterly, in arrears basis on or before the 1st day of the following month in each three (3) month periods. The CONTRACTOR shall invoice the OWNER quarterly for the maintenance and testing performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTORS proposal as follows: Monroe County Detention Center - $52,764 per year Sheriff's Administration Building - $15,348 per year Courthouse Annex - $ 4,788 per year Juvenile Justice Center - $23,028 per year b) The Owner shall compensate the Contractor for additional services performed under Article 2.13 of this agreement, as follows: 1) The actual cost of parts and materials purchased from the manufacturer plus 30%. Manufacturer's Invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. 2) The cost of labor and equipment used by the Contractor to compensate the Contractor for additional services performed under Article 2.13 of the contract specifications. The labor and equipment costs will be calculated using the unit prices set forth in the Contractor's bid as follows: a) Labor - normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays _ $80.00 per hour. b) Labor overtime rate, other than the normal working hours, including weekends and holidays - $120.00 per hour. 3.17 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. B. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and Specifications any and all of said work and/or materials which wi thin a period of one year from the after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subj ect to normal repair and replacement before their condition is discovered. Failure on the part of the Contractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of the Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. 3.18 HOLD HARMLESS The Contractor shall defend, Monroe County Board of County TCS. indemnify, and hold harmless the Commissioners as indicated on form 3.19 GOVERNING LAWS This Agreement is governed by the laws of the state of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. 3.20 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. In witness whereof, the parties hereto have ment the day and year first above written, /~5/:f::':c-:,~~::- , -~,;;~;;~"> Clerk executed this agree- COUNTY OF MONROE, STATE OF FLORIDA By;/)Ja >n ~ Mayor/Chairman Attest: Siemens Buiding Technologies, Inc. WITNESS By f;J1L:.- a ~ Contractor Rep. tII/t /If~ lJ 4k- 5('!..~IJS DiS<rHC<'" '" J b'- 30. - d 00. "3 WITNESS Corporate seal if corporation: <- r-.,_.) .....::.:>> "TJ a t':J '.::.3 ~ - (,""" r- ~~:~) ~ '- rT1 .. r..:::= f'l:..... .-- : 0 - n ".> -11 C) c;. .>::" C.l ..',.'-:, ._,-- ::~J '.'-- *'_...; Cl .boo ~C")::: ~ ---- .. ~-~ -..... r"j ..., . " " ::1 C) r- c } (":; J> I q ....-.- ;:::0 r' " CJ BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GA TO BUILDING ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 BID FROM: S I GME:.,,)S I3VI LD I NG JlZ~ IV OLoGI t.)~ Xl\) C to"l 13-JS/NlZSS DRn/.;;:- MiR~IV\.A~ r-:L 3'30;2.5 , ... The undersigned, having carefully examined ,the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: TESTING, CERTIFICATION, & MAINTENANCE MONROE COUNTY DETENTION CENTER' Fire A/ann System, Building Automation System, Smoke Control System ~ SHERIFF'S ADMINISTRATION BUILDING: Fire A/ann System, Building Automation System COURTHOUSE ANNEX: Fire Alann System MONROE COUNTY JUVENILE JUSTICE CENTER: Fire A/ann System, Building Automation System And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with said specifications, and other contract documents including addenda issued thereto. Unit Prices per Buildine. Per Year: Monroe County Detention Center $ ~ 2., 7 (. <<:1 ' per year Sheriff's Administration Building $ /5 3 <(i? per year Courthouse Annex $ 4) 7~~~. per year Monroe County Juvenile Justice Center $ ;L...3) o..zg. per year TOTAL $ '1 5" 'l ;2...:~. . - 54- Com ensation for Additional Services Performed under Article 2.13 of this A reement: A) Labor - normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays $ 7)0 per hour B) Labor - overtime rate, other than the normal working hours, including weekends and holidays $ l ;La per hour C) Material Markup - The actual cost of parts and materials purchased from the manufacturer plus 30 % I acknowledge receipt of Addenda No. (s) N t:>N l?: I have included pages 52 through 59 of the Bid Proposal which entails the Proposal Form~, the lion-Collusion Affidavit -..6nd the Lobbying and Conflict of Interest Clause ~ and the Drug Free Workplace Form -L and all requirements as stated in Section One, Article 1.03 ~ . Also included is the Insurance Agents Statement (page 35) ~ (Please note a bid security of 5% of the bid price is required.) Check mark items above as a reminder thOat the are included. Mailing Address: S I cZ't'V\ tfNS ~VI LDIN G- -rg-Ci-IN oLoG-1 t:5 I <::) It I r'3JS"trJE:.5'S DRIVG" M I R ~ ('\.'\. A R Y::-L. 3 '3 0 .;tS I Telephone: Cj S" <1.- <i <( .2.. - C. 2-0-0 Fax: 'i 54- 131- (740 Date: fV\ ,..'1 I 'T I 2...00 3 Signed: W.f.i..1-~ <8l~ Witness: ~(<1'!:r/l~ lilb A/Y A11.t7A.J (S al) w ~ (( ,"~ .'13'. S T~;tl (Name) S ;e~tI4.) Gt..IJ~~L, f1/1 AIoIA,.t ,.. (Title) ~ a\ I(rjlln /( HMJrner \~.) Ittt Commlll/on DDoe3258 IiIi &,li,.. Ocaober .. 2005 - 55- .' PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may.not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." -.. - 56 - MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of ... omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor" failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS - 57- NON-COLLUSION AFFIDAVIT I, ""It L~"" 'B. S --r l.;n of the city of ;11;( A rI-\ A r I r I:> r;d,4 to law on my oath, and under penalty of peljury, depose and say that: ( according I. lam 1); ).rrcr G~NU AL f11.4" ~~ v <;;:: e,.,~.,J 5 "6..;( I;,,) iU:I...o (oJ;~ 1 of the firm of the bidder making the Proposal for the project described in the Notice for Calling for bids for: F'R~ ^LARM S'y'~T'::-N\, f)vl~DIN. AVT'Q""AT1<lfV SySrerA, I"\lJu 'S^"ot:"C ~ONTl'?()L S'YST~M: TeSTI IV ~ c...cRTI F="I C-.A'rtc:N ANt> 1"\1::>.11\111.=:1\1 AI\) c...;;c:. ) } and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition. as to any matter relating to such prices with any ... other bidder or with any competitor; 3. unless otherwise required by law, the prices, which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening. directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. VJk ~ ~ (Signature of Bidder) S;e~~ G~,J't"""- STATE OF: F\~~\clf\ YA-lVlA b~~ (hAV n.. (Date) I f"If#V~ 11J dOc f , COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, W ~ llttLVIA 13. .s-t-~ ~ II\. who, after first being sworn by me, (name of individual signing) affixed hislher signature in the.space provided above on this lq"""- dayof M.AY 20~. ~J\. Krittln K Hemmer ;.~ j ~ CommiSSIon DD083259 ~o;...' Exp/11lI October 8,2005 ~(~~1 K ~A-U A/lil-A ) NARY PUBUC My Commission Expires: - 58- SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE --'f-J i '( ;v.-IM 13. S--r~;11 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, comrfJission, percentage, gift, or consideration paid to the former County officer or employee. w~~ ~ (' - jsignature) 11....-111\ '" Jllr4~ :,)'~lhe,.j.s Ge,J~'l.. r' J Date: J"VtA Y I Cf/ d 00 "3 STATE OF 'p"' \0 R-\.~ COUNTY OF Yal 1M.. t3LCL<~.l PERSONALLY APPEARED BEFORE ME, the undersigned authority, l JJ \ \ h Cl.1iII13. S; T~ ~ Vl who, after first being sworn hy me, affixed his/her signature (name of individual signing) in the space provided above on this MAY lq~ day of ,2003. NOTARY PUBLIC y!(.lJ,:u J#k4fJ~Md My commission expires: OMB - MCP FORM #4 ~ Knalln /( Hammer \7'J Mt CommIa.Ion DDoo3259 ~ October 8, 2005 - 59- DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: g ,..,,; ( J,. JJ T~ vt,"'oLo " <: (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. .... 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, Jhe employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conyiction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. \N~ & ~ , ); It...... j 6~.Jk..... , ICf/ do03 , fl1 ;t" IIrJ.Ir Bidder's Signature Date yv. It Y OMB-MCP#5 - 60- ~ AlA 1J{~.:umeJ)t ..{uo - AT/mmi..' FOmlril Bid Bond TH:S l)fJetlMF.tH HM [Ml'ORTA..\."T LEGAL COf-.l~Qu.L..'fCES~ {"'()I\,ruLTATlON \.,.llH AN .....iI'C1UlrY lS E...'fCOWtAw:~ \\'JTH llHii'liCr TO ITS -r:Utdf>'l.F.TI0t' OR ).{QD[nChl'lO./'Y. AUnU;......nCArrn,'f nr TlDS EUCTaOSlCAl.l..Y [)RAnTD AlA DOCUMnn MJ\'r' TlJ: :MAD! Irt. U5[NG AlA 1 KNOW &L ~tr.-~ RY THESE. l'RESE.~-f~. Ulld we as Principal. hereinaft('r ~uro fhe Prindpal. and IHar- iIJR# M,~ m1tI."ldftn or IqpJ (,'l.hll'O;WI/"':(o.'} ;J, ro.q~t"....1 l(ll1 dILl~. oTIJll.nued unckr thC' 'a\Y$ uf ~ S..,t~ of as Sur~tr. bercinB..fte.c caJled tM Sur~tr. are hdd ..md Hlmly 1)ound unro (Ikrei.?=t Iud =';W;j-l.q'l,fr~( I",./~ 11"* oI"S"r~~"J ,,* Obligee. hereinafter callro. 1h.t' ObJ:igl:e. in tbe illlln ~f Dallan c. ), f-or .hlt p.~)'m~nt ofwhicb sum \(~n alUl truly t<l be m~. the said 'Principal and 11" &1Iid Suret}., Dintl Wr.l~\'~. <)ur btrirs.. ~:C:t'Cuto~, sdmini~ir"lr;)]*. wcaSKlrS IUld a.~igm7 j9ihlly ;\nd st!\'mllly. flIJt1.1}" by tnelit prc~nt~ (Ht'N" ium't ;;../1 n~~In.::f..1:fa~ w ~vd MR' vro....h't) VI lIERL:\S, :ilii~ Ptindpal has: rubmiU.ed a bid f-or NOW, THERE.PORE. if thcObl~~ m:JJ]"~~pt Lb~ bid oftht Princip-.J.l and.hl" P:tin.cipal ~hal1 ~nur inlo II Con~' wilh ~ ObJj~t? in :tccord.mct .....i.th tm- tc:nn5 {If "ucl. b~,.-net giw sLKh bond or bonds as may be specified in the biddin.g 0[ Cvnll~L nocum~nts with good and $Uffid~Dt SUfC'ty for t~ bithfiLl perronnana: of sudJ Contr.R:. ~t for ~ prompt pB.}'IDCnt (}I 'abut ~nd maunal furnWt~d in tbo::- prosecution 1h'=IW[, fJ.t ill Uloeewnt o.f the taiJurt of 1M Princlr.~1 lr;) entEr .5.UCh Contr.act: IWd g.i'\'~ $1lc..n bond or bonds, if tht Prindp.al sbalJ pit}' t~ the ObJig~e lhl!' diff~H:n(t not to ('.lcec'd th~ penaltr ht!r~of between thr -ilmoouf s~dfieJ in said bid .and 5ucl1 largtr .amount for '\'o'~b .tbt! Oblige~ mar in g?od &i.th CQnt~ \\1ilh anL"ltn.rr p3rty ti> (1{'rIQrm tJ~ \"'OJK cm;~n~d by said bid. tm-n fbi!> ObU8B.UQIl.snaU ~ null.and void. oUlmrnsc to n:main in fun [OKe and 4!ff~ct. Signed i,tlt(/ .sealed this Jay Gf 2'0 (}/m. in=-t luIJ~Nlw.;. ,l'o;I\~ AJtd o:ksaiptio.? 01 ?h'~t) tW/tJIW) (17inc~J {&Wi tTitJ:} /'WitJt(SJ) (.fI"rt!lJ' j 1St:$/) (1"iJIr) q;11<JJO THE AMERICArt IN5TITUTE Of AR~Hlfl;~fS. "15 ruw YUIll!; AVENUE" N.W., WAliHIN<iTON. D.C. 2OC(Ilj-S2'Jl. AlA LlOCUMUtlr A.31(}- BID BOND - FE8RUAAV 197'0 (DITION - AIA~ - UnlicenSlld p/>>tQr;opyillg ...lol~s us. copyright I;,WJ ~nd is M1bje(1 to Iesil~ proset:'WiCln. This docummt waS eltctronlcDlIy prod~d wi1ft perm iulbn 0' the- AlA .and an b9 ~d In acc<<dilnc~ with 'jQ'olr lit__1: wlrhout violation vn!il1h~ da~ or (lxpir"'tion Zlf ooted below. Vser COtu",ent: "'JlDmlll!ll..ala -- 21-412002. AlA li~ns~ Number 1123291, VlItJich ~xpi~s on 1I31/2CXlJ. E.letlronic rumat A]>>-1~1O 1 ATTACHMENT #1 BUILDING AUTOMATION SYSTEM DEVICES PER BUILDING BLDG T DESCRIPTION y VA P NT E IT Y MONROE COUNTY DETENTION A V A V WITHOUT HEAT 26 CENTER ... B V A V WITH ELECTRIC HEAT 5 C V A V WITH FAN & ELECTRIC HEAT 9 D CONSTANT VOLUME WITH ELECTRIC 14 HEAT ": E FAN COIL UNITS 29 SHERIFF ADMINISTRATION BLDG A VAV'S WITHOUT HEAT 28 DEPT OF JUVENILE JUSTICE C V A V WITH FAN & ELECTRIC HEAT 31 - 62 - A TT ACHMENT #2 FIRE SYSTEM DEVICES PER BUILDING MONROE COUNTY DETENTION CENTER-EST SYSTEM Smoke Detectors Heat Detectors Duct Detectors (Smoke & Heat) Manual Pull Stations Tamper Switches Flow Switches \ 297 38 212 29 29 13 MONROE COUNTY SHERIFF'S ADMINISTRATION -SIMPLEX SYSTEM Smoke Detectors 23 Heat Detectors 7 Duct Detectors (Smoke) 3 _40 Manual Pull Switches 6 Tamper Switches 5 Flow Switches 5 MONROE COUNTY OLD]AIUCOURTHOUSE_EST SYSTEM IRC-3 Panel Pull Stations Ion Detectors Photo Detectors Duct Detector Modules Thermal Detectors Water Flow Modules Supervisory Valve Modules Control Modules (AHU Shutdown, Elevator Recall) Main Controller Remote Zone Module Zone Addressable System Card Remote Annunciators Printer DEPT OF JUVENILE JUSTICE -EST SYSTEM Photo Smoke Duct Detectors Ion Smoke Detectors Photo Smoke Detectors Heat Detectors Water Flow Switches Pull Stations I 18 75 5 7 8 4 9 IO I I 2 IO I 12 I 96 17 4 15 - 63- ~ , NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on May 15, 2003 at 11:00 AM the Monroe County Purchasing Office will open sealed bids for the following: PURCHASE AND INSTALLATION OF A FIREWORKS FIRE ALARM SYSTEM Monroe County Detention Center 5501 College Road, Stock Island, Key West, Florida BID #135/230-0-2003/LC Specifications may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com OR www.co.monroe.fl.us~ Technical questions should be directed to Ron Foreman at the MCDC at 305/295-3995. ... Bidders must submit two (2) signed originals of each bid in a sealed envelope marked on the outside, "Sealed Bid for FIREWORKS" addressed and delivered either by person or by mail, preferably by special delivery, registered mail to: Purdiasing Office 1100 Simonton Street, Room 2-213 ~ Key West, FL 33040 All bids must be received by the County Purchasing Office before 11:00 AM, May 15, 2003. Any bids received after this date and time will be automatically rejected. Faxed or emailed bids will also be automatically rejected. All bids must remain valid for a period of ninety (gO) days. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), FS (1997). All bids, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. Dated at Key West this 13th day of March, 2003. Publication dates: Reporter 3/21 - 28 Keynoter 3/22 - 29 Citizen 3/23 - 30 Monroe County Purchasing Department .- ''''. - -~ .~ 4;l · . ~ . I Document A31 0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Siemens BUilding Technologies, Inc. 10111 Business Dr., Miramar, FL 33025 as Principal, hereinafter called the Principal, and Federal Insurance Company 15 Mountain View Road, Warren, NJ 07059 a corporation duly organized under the laws of the State of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County System &: Smoke Control (Here insert full name and addtllSS or legal liUeof Owner) 5501 College Road, Key West, FL 33040 as Obligee, hereinafter called the Obligee, in the sum of (Here insert full name and address or legal tilIe of Contractor) (Here insert full name and address or legal tilIe of Surety) Five Percent of the Amount Bid _ _ _ _ _ Dollars ($ 5% - - _ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Furnish Labor &: Equipment for Monroe County Detention Center F.A. (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 20 day of May 2003 'fdi~J Itness) Inc. (Seal) . MamIe MIelke Petersen i I " ,:4{llft A ' I' L (Witness) Sara Glogower (Seal) J mes W. Dunn f orida Licensed Resident Agent ) (:c_,J1.;\ tor,r - in - Fact .Prlnted In cooperalion with The American Instltue of Architects (AlA) ~ Willis, Willis vouches thellhe languege In the ~~~::t4nt conforms euctly to the language used In AlA Document A3 O. February 1970 Edition. 1 '''"' I~ . ~ Chubb.< ~ Surety POWER OF ATTORNEY Federal Insurance Company VIgilant Insurance Company Pacific Indemnity Company Attn.: Surety Department 1S Mountain View ROad Warren, NJ 07059 .'~ Know AI by These f're:semc. That fEDERAL f4SURANCE COMPANY,,,, Indiana CClfJXll.alkxt, VIGl.ANT WSURANce COMPANY. a New York corporation, WId PACFIC NlEMMTY COMPANY, a WISCOnSin corporation, do each hereby CCII'lStitute and appoint Harion R . Vail, Diane R. Cardin!, JeanneUe Dominguez, Beverly A. Adamicl: and Asunda Mikulak of Farmington, connecticut______________~-----------------------___~__~----------_________ each lISlhelr true Mlf IawruI Altomey.in-Fact to execute under SUCh designation in their names and to affO( their corporate sea/s to and deliVer for Mlf on their beh8It lIS scnty thnon or oCheIwise. bonds and undettaIdngs and other Writings obligatory in the nature thereof (othetthanbal bonds) ~ or executed in the cotne or business, and any instruments amending or altering the same. and consents to the rnoditication or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof. said fEDERAL WSURANce COMPANY. VIGIlANT f.ISURANce COMPANY. and PACFIC NlEMNrrY COMPANY have each ' executed and attested these presentund affixed theirc:orporate seals on this 15th day of October, 2002. ~~~dd!p~ C. Wendel, Assistant Secretary ~~dU~~ STATE OF NEW JERSEY }... County 01 Somerset 0 On lhla 15thr.y0l October, 2002 ,before me. a NocaIy Public 0I~ Jersey. per$Onallycame ICenneIh C. Wendel. 10 me Ilnown 10 be Assistanr Secretaty 01 FEDERAL INSURANce CQlpANY. VIGIlANT INSURANce COM>ANY. and PACIFIC INDEWITY COM>AHY. !he compaul.. whlch Decuted !he begolng Power 01 AIomey. and the said Kenneth C. Wendel being by me duly 5WOm. did depose and say thai he Is AssIstant SecnICaIy 01 fEDERAL INSURANce COM>NIY, VIGI.ANT INSURANce CQlpANY. and PACIFIC /N[)EMfly COMPANY and knows the COIpOrate "'lhereof. thal!he seals aIiJred 10 the b'egolng Power 01 Aaomey are IUCtl CClrpOI'afe seals and __lher. aIIbred by lIUlhority 01 !he ~ 01 said Companies; and thai he signed said Power 0( AIIomey as AalstanI Secrelaly 0( said Companies by Iilre aufhorily; and lhal he Is acqua;nCed with Ff1Ink E. Robertson. and Icnows hln110 be VICe ~ 0( said ~; and 1haI!he algnakq 0( Frank E. Robet1son. cubscribed 10 said Power 0( Attorney is in the genuine handvding 01 Frank E. Robertson. and __ thereto ~ byauthorilyoluld ~ and in deponenrs pr~. F"';'G-"\ MARIA O. SCAROIGNO . J ' .. ,,0 · ~ NotlUy Public State of New".,.., -:!!In // ~ , - c ~l No. 2229781 --.!...!1.-~ ,o(JBL\ ,) Commissfon Expires Sepl2S. 2004 .1-~~ JEi\.S~ CERTIFIcATION Eldract from the By-l,aws or FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY: "A<< powers of attorney ror and on behalf or the Company may and shall be executed In the name and on behaJf 0( the Company. either by the Chairman or the P~ or · VICe President tX an Assistant VICe PresIdent. jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature or such offICerS may be f!flgravecI. printed or lithographed. The signature of each or the rollowing officers: Chairman. Presidert. any VICe President. any Assistant VICe President, any Secretary. any Assistant Secretary and the seal or the Company may be atrixed by facsimile to any power or altomey or to any certificate teIating thereto appointing Assistant Secretaries or Attorneys-in-Fact ror purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereor, and any SUCh power of .ttomey or cel'titicate bearing SUCh facsimile signature or racsimile seal shaD be valid and binding upon the Company and any SUCh power so exeaIed and certified by such racsimile signature and racsimile seal shall be valid and binding upon the Company with respect to any bond or unde,t.,killg to which It is attached.. I, - c. W....... - --,.of FEDERAt INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companiesj do hereby certify that (I) the roregoing eidrad or the By-laws or the Companies is true and CClfTect, (ii) the ~ Ib. an tit i::ensed ald iUhorized 10 Iransad Stftfy business n aI SO of !he Unfed States of America and !he District of CoUnbia and ewe Uharized by the U. S. T~ Oepa.fl....~ 1'u1her. Federal and Vigilant ewe icensed n Puerto Rico and !he U. S. VIgin IsB1ds. and Federal Is Icensed n American Samoa. Gcan. and each of the Provinces or Canada ~ Pmce Ect.v.w Island; and (iii) the foregoing Power of Attorney is /rue. CClfTect and in run rorce and effect. GWen ..- my...... and -- of "" Com"",,,,,, W...... NJ Ih~ :) 0 day of '111 a-I .:i ,~) rJ L.A4d~ Kenneth C. Wendel, A . ant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PlEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: suretY@chubb.com tS-t~ (Ed, 4-WJ CONSENT FEDERAL INSURANCE COMPANY ~ATEME.NT OF ASSETS, UA8IunES AND SURPLUS TO POUCYHOLDERS ASSETS Cash and Shott Term Investments ............. $ United States Govemment, State and ~ Bonds ...................................... ()Cher Bonds ................................_...._...... Stocks __..._..._............_.._..__...___.. Qher Invested Assets ._............_......_.. TOTAl INVESTMENTS ..................__... lnvestmentsinAftiIiates: Pacific Indemnity Company ............._..._. Chlbb Investment Holdings, Inc. __._...... ' ' Executive Risk Indemnity Inc.' ...._.._..... Chtbb Insurance Company of Europe .n.. GreatNorthem Insurance Company ........ ee Canada Holdings Ltd. ........_..._........ Vigilant Insurance Company .............,....__ Other AIfiIiates ........_........_........_.....:..._.. Premiums Receivable .._......._.............._...... C>cher Assets ............, ..._..............._.........._ Statutory Basis - --- .>-.- .-___. .~_._h DECEMBER 31, 2001 (in thousands of doaars) 286,864 6,637,818 2.065,714 154,077 310,479 9,454,952 557,481 408,853 _ 321,690 154,545 143,531 81,068 66,647 315,612 1,051,587 864,324 TOTAlAOMITTEO ASSETS .__._.........__.. S 13.420.290 UABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding'losses and loss Expenses ..... Uneamed PremiLlns ....._....................._...... Reinsurance Premiums Payable .................. Provision for Reinsurance ..........__............... Other lJabiJities.._____...._..._....._..._. $ 6,847,940 2, 176,526 316.252 120,533 432,719 TOTAL UABllmES .___..._._....._.__ Capital Stock .._..__..___..._..........___ Paid-In Surplus .._._._..__....................._._ Unassigned Funds .._._........_..._............. SURPLUS TO POliCYHOLDERS ....__... TOTAl UABllITIES AND SURPLUS TOPOUCYHOLDERS ........................... $ 13,420,290 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. InVestments valued at $36,724 are deposited with govemment authorities as required by law. "" rr - 'O'OO73IR-, 4<<!) A CORRECT STATEMENT: ',- ~- I / ~____h.. --,.mII:.4tIo ( Jeannette Da.iuguez 9,893,970 20,980 1,174,928 2,330,412 3,526,320 ACKNOWLEDGEMENT OF ELECTED AND APPOINTED OFFICERS' AUTHORITY AND ADDITIONAL SIGNATORIES BY DELEGATION OF AUTHORITY FROM PRESIDENT STANLEY KUNKA SIEMENS BUILDING TECHNOLOGIES. INC. A. I, Stanley M. Kunka, President of Siemens Building Technologies. Inc. ('"Corporation") a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested in me by the Board of Directors of Siemens Building Technologies, Inc. and in accordance with the By-Laws of the Corporation and the laws of said State, do hereby acknowledge that the following Elected Officers have unlimited contractual authority to bind the Corporation by any of their individual signatures: Elected Officers Stanley M. Kunka Kemoko Toure Daryl Dulaney Philip Lake Thomas Carlin Fred Cardina Daniel Hislip President and Chief Executive Officer Senior Vice President and Chief Financial Officer Senior Vice President, Building Automation Senior Vice President, Fire Safety Senior Vice President, HV AC Products Senior Vice President, Human Resources Secretary B. I. Stanley M. Kunka, President, by virtue of the authority vested in me by the Board of Directors of Siemens Building Technologies. Inc. and"'in accordance with the By-Laws of the Corporation and the laws of said State, do hereby acknowledge that Mark Landis as Senior Vice President. Securiry Systems has unlimited contractual authority to bind the Corporation by his individual signature. C. I, Stanley M. Kunka, President, by virtue of the authority vested in me by the Board of Directors of Siemens Building Technologies, Inc. and in accordance with the By-Laws of the Corporation and the laws of said State, do hereby acknowledge that the following Appointed Officers are hereby authorized to negotiate, enter into. and sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits or ancillary documents in connection therewith; any licensing, qualification or registration filings, returns, certifications or questionnaires in the various States; any contracts, leases. agreements, guarantees and any certificates, affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $500.000.00 and any releases, compromises or settlements in connection with claims or' disputes arising out of any such transaction; and to file, release, respond to, settle or compromise any actions or proceedings by or against the Corporation including, but not limited to, signature of any certificates, affidavits or ancillary documents in connection therewith. up to and including a transactional limit of $500.000.00: Page 1 of 4 Appointed Officers Jeffrey D. Condon Michael R. Strait Kerry Winkler Steve Walin Trey West George T. Burck Jr. Darryl L. Peake John Aniol Arthur Gavin Vice President, Building Automation, Regional Operations Vice President, Building Automation, Regional Operations Vice President, Controller, Security Systems Vice President, Operations, Security Systems Vice President, Field Operations, Security Systems Treasurer & Controller Assistant Secretary Assistant Secretary Ass istant Secretary D. I, Stanley M. Kunka. President, by virtue of the authority vested in me by the Board of Directors of Siemens Building Technologies, Inc. and in accordance with the By-Laws of the Corporation and the laws of said State, do hereby acknowledge that the following signatories, who are to serve until resignation or removal, the following authority: RESOL VED, that each .of the following Additional Signatories is authorized to execute. in the name and on behalf of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits or ancillary documents in connection therewith; any contracts. leases, agreements, guarantees and any certificates, affidavits or ancillary documents in connection therewith. up to and including a transactional limit of $500,000.00 and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction; and to file, release, respond to, settle or compromise any actions or proceedings by or against the Corporation including, but not limited to, signature of any certificates. affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $500,000.00: . ". Noe Bermudez. Legal Department Sebastian Danziger, Legal Department Joseph Gunn, Legal Department Anne Stoleman, Legal Department Keith Graham, Legal Department Stephanie White, Legal Department RESOL VE FURTHE,R, that each of the following listed Additional Signatories is authorized to execute, in the name and on behalf of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits or ancillary documents in connection therewith; any contracts, leases, agreements. guarantees and any certificates. affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $300,000.00 and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction: Mike KnolL Fire Division Ed Balogh, Fire Division Tom Schlesinger, Fire Division Martin Krohn. Fire Division Page 2 of4 RESOL VED FURTHER, that each of the following listed Additi()nal Signatories, in the capacity identified after their names, is authorized to execute, in the name and on behalf of the Corporation, any bonds in any amount: Arthur Gavin, Assistant Secretary Gregory Williamson, Assistant Secretary Robert Salamone, Assistant Secretary RESOL VED FURTHER, that each of the following Additional Signatories is authorized to execute, in the name and on behalf of the Corporation, any licensing, qualification or registration filings. returns, certifications or questionnaires in the various States, including, but not limited to Rhode Island and Massachusetts: William Coulombe, Assistant Secretary Richard Crocker, Assistant Secretary David Frasca, Assistant Secretary RESOLVED FURTHER, that the following Additional Signatories have unlimited authority to execute, in the name and on behalf of the Corporation, any federal, state, provincial or local tax returns: George Pompetski, Assistant Treasurer Adam Dubicki, Assistant Treasurer RESOL VED FURTHER, that the following persons have authority to e.xecute. in the name and on behalf of the Corporation, any releases and waivers of liens; and to file. release, respond to, settle or compromise any actions or proceedings by or against the Corporation with respect to the collection of monies owing to the Corporation including, but not limited to, signature of any certificates, affidavits or ancillary documents in connection therewith, tq.) JO and including a trans_a~tiQnaJ limit of $500,000.00: Walter Skinder, Credit Department Frank DeLauro, Credit Department RESOL VED FURTHER, that each General Manager or District Manager of Bm:1ch Offices of the Corporation is authorized to execute in behalf of the Company, any and all bids. proposals, requests for proposals or quotations change orders, provided such change orders only change the price or the scope; any contracts, agreements, or bonds less than $50,00 I. E. RESOLVED FURTHER, that each of the signatures of the persons referred to in paragraphs B through D, inclusive, are binding upon the Corporation and shall have the same force and effect as would the signature of an Elected Officer. F. RESOL VED FURTHER that any document executed for an amount greater than any limit designated herein shall require the additional signature of one of the Elected Officers set torth in Paragraph A above to be legally binding upon the Corporation. RESOL VED FURTHER that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority, and status of any of the persons referred to in this resolution. Page 3 of 4 " . t IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the said Corporation, on this Wednesday, May 08, 2002 ,-~~P1(~ President Siemens Building Technologies, Inc. Signed before me on .;....I." ~ OFfiCIAL SEAL " ~ JESSICA L FRIEDMAN l $ '~T ".f(Y pUaL!C, STAn OF ~ 1 ~ MY ~MMlSSIQN1OO'IRE8:1v:'_u~ .- ~"\1\IINV~" v,- ~,~,.,.;..'>f . - - -- .. '. Page 4 of4