Resolution 303-1985
Frank Shortman
Translator Board
RESOLUTION NO. 303 -1985
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, TO EXECUTE A
SUPPLEMENT TO PROPOSAL 115027 BY AND BETWEEN
MONROE COUNTY, FLORIDA, AND ELECTRONICS,
MISSILES & COMMUNICATIONS, INC., PROVIDING
FOR A PERFORMANCE BOND, CONDITIONS OF ACCEP-
TANCE OF TRANSLATOR SYSTEM BY THE COUNTY, AND
MODIFICATIONS TO EXISTING TRANSLATOR SYSTEMS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Supplement to Proposal 115027 by and between Monroe
County, Florida, and Electronics, Missiles & Communications,
Inc., a copy of same being attached hereto, providing for a
Performance Bond, conditions of acceptance of translator system
by the County, and modifications to existing translator systems.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of November, A. D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~".~~f;..~~'~~
By
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
AP.~I/IO 'D AS TO FORM
AND L SUr-F/~'ENC~ /)
BY ~~".L11
AtIDmtJ'I'. 0HIr:0 . . 'j L. '
'SUPPLEMENT TO PROPOSAL #50i7
The following shall become a part of EMCEE proposal #5027.
1. EMCEE hereby provides a performance bond in the amount of
$426,590.00. This amount is based upon the original proposal
amount of $421,532.10 plus $5,057.90t the latter sum
reflective of the cost, to Monroe County, attendant to the
performance bond.
2. All obligations in connection with the bond offered herein
shall expire upon acceptance of the system.
3. Acceptance of the system shall be according with the following
conditions:
a. Such acceptance shall b~ conducted by Monroe County
off~cials/official.
b. Such acceptance shall be completed within 14 days
following. verification of completion of subject workt per
paragraph #6t general conditions of proposal #5027.
c. The letter of credit provided for herein shall pertain
only to the provision of materials and installation
services per proposal #5027 and no other conditions or
requirements shall be attached thereto.
4. Modifications to existing translator systems shall be limited
to materials and services in accordance with the respective
schedule A descriptions contained in proposal 5027. It shall
be understood by Monroe County that proper operation of the
expanded translator system will depend upon existing elec-
tronic equipment performing within reasonable limits of
factory specifications. It shall be further understood, and
agreed upon by Monroe County, that in the event that
additional materials or services are found to be necessary
toward providing for acceptable, existing equipment perform-
ance, such materials and services shall only be available at
additional cost.
This document, upon being properly executed, shall serve as an
instrument of acceptance by the parties whose signature are
affixed hereto and shall further constitute a proceed to work
order.
ACCEPTED BY:
Monroe County Board of Commissioners
ACCEPTED BY:
EMCEE Broadcast P~oducts
PERFORMANCE BOND
FORTUNE ASSURAI\!~F COMPANY, INC.
Philadelphia, i Ivania 19102
~ PB-3584
KNOW ALL MEN BY THESE PRESENTS:
Electronics, Missiles andCornmunications
P.O. Box 68
White Haven, PA 18661
(Here insert full name and address or legal title of Contractor)
that
as Principal, hereinafter called Contractor, and, FORTUNE ASSURANCE COMPANY, INC" of Philadelphia, Pa" a corporation duly
organized under the laws of the State'of Pennsylvania, as Surety, hereinafter called Surety, are held' and firmly bound unto
M:mroe County Board of Conmissioners .
500 . Whitehead Street (Here insert full name and address or legal title of Owner)
Key West, Florida 33040
.. .
'as Obligee, hereinafter called Owner, in the amount of Four Hundred 'TWenty Six Thousand Five Hundred Ninety
and 00/100
Dollars ($ 426,590.00 ), for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents,
WHEREAS, Contractor has by written agreement dated , 19 , entered into a contract with Owner for
turnkey installation of television broadcasting equipuent including transmitters
antennaes, towers and transmission lines.
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void, otherwise it shall
remain in full force and effect,
The Surety hereby waives notice of any ~ion or extension of
time made by the Owner. ./
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms and conditions,
or
2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or, if the Owner elects, upon determination
by the Owner and the Surety jointly of the lowest responsible bidder,
Signed and sealed this
day of
15th
October
(Witness)
(Witness)
AlA DOCUMENT A311, .
PERFORMANCE BOND AND LABOR MATERIAL PA YMENT BOND
FEBRUARY 1970 ED,
THE AMERICAN INSTITUTE OF ARCHlTEcrS
PB-I (3-79)
arrange for ,a contract between such bidder and Owner, and make
available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding,
including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Owner
to Contractor,
Any suit under this bond must be instituted before the expiration of
two (2) years from the date on which final payment under the Contract
falls due.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Owner named herein or the heirs,
executors, administrators or successors of the Owner.
,,1%5
Electronics, Missiles and Ccmnunications
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By
ttorney-in-Fact)
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GENERAL POWER OF ATTORNEY
..
KNOW ALL MEN BY THESE PRESENTS, tha t the FORTUNE ASSURANCE COMPA!fY, IHC.
has made, constitute and appointed, and by these presents does make, constitute
and appoint BETTE ANN WELSH . ';,.
its true and 'lawful attorney for it and in its name, place, and stead to
execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship: provided however, the power set forth herein shall
be limited to the issuance of bid bonds for and on behalf of PORTUNE ASSURANCE
..
COMPANY, INC.
This Power of Attorney is granted and is signed and sealed under and
by the authority of the following .Resolution adopted by the Board of Directors
of the FORTUNE ASSURANCE COMPANY, IHC., by unanimous consent.
..
"RESOLVED, that the Chairman of the Board and the Preaident, be and
that each or any'of them hereby is authorized to execute Powers of Attorney
quali(ying the attorney named in the given Power of Attorney to execute in
behalf of FORTUNE ASSURANCE COMPANY, INC., bonds, undertakings and all contract.
of suretyshiP: and that a Secretary or an Assistant Secretary be, and that
each or any of them is, authorized to attest the execution of any such Power of
Attorney, and to attach thereto the seal of the Company."
IN WITNESS WHEREOF, the FORTUNE ASSURANCE COMPANY, IHC., has caused
its official seal to be hereunto affixed and these presents to be signed by
itC1~~~n of the Board and attested to by its Secretary this cfICI day of
T~ · 1984.
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ATTEST:
Board
COMMONWEALTH OP PENNSYLVANIA:
COUNTY OF PHILADELPHIA S~ .
on thie dlq day of n'A'., 1984, before.. peroonelly c~... ".
Joseph Miller, to me known,~;:;:'g by me duly sworn did depose..~~~)' t~..,
he is Chairman of the Board of Directors of FORTUNE ASSURANCE C.IINC. ", '
the Corporation described in and which executed the above inst~ ' that~" ~
knows the seal of the said Corporation: that the seal affixed sa~ r, J
instruaent is such corporate seal: and that it was so affixed It r oY tttJ...,';I; I
." Board of Dtrectors of said Corporation: and that he signed his ", J \., re~~. ~,<I ,
by like order. JACQUELINE WHmlQCk 99' . ~ :i;.~#
.......S5KlNOl Of OHDS //LLk~i
Mr. {' IIn I.... bpi,.. April 23, 1'. . NOTARY PUBL C
f.E!!'!!'!f.AT!
I. the undersigned, Secret~y of FORTUNE ASSURANCE COMPANY, INC.,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney reaains
in full force and has not been revoked: and furthermore that the Resolution 1
of the Beard of Directors, set forth in the said Power of Attorney, is now
in force. ~~~
~ ~~ at Philadelphia, Pennaylvan 'l day of '0
Secretary
;'"
LABOR AND MATERIAL
I ' ~NT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY
WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND
FAITHFUL PERFORMANCE OF THE CONTRACT
FORTUNE ASSURdl\l("F COMPANY, INC.
Philadelphi Isylvania 19102
PB-3584
KNOW ALL MEN BY,THESE t>RESENTS~ d ,,'
Electronlcs, Missl1es an Cammunlcatl0ns
P.O. Box 68
White Haven PA 18661 , '
, (Rere msert full name and address or legal title of Contractor)
that
as Principal, hereinafter called Contractor, and, FORTUNE ASSURANCE COMPANY, INC" of Philadelphia, Pa., a corporation duly
organized under the laws of the State of Pennsylvania, as Surety, hereinafter called Surety, are held.and firmly bound unto
M:mroe County Board of Comnissioners
500 Whitehead St. (Here insert full name arid address or legal title of Owner)
Key west, Florida 33040
.. ~s Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Four Hundred 'IWenty Six Thousand Five Hundred Ninety and 00/100
Dollars ($ 426,590.00
),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
turnkey installation of television broadcasting
antennaes, to~rs and transmission lines
, 19 , entered into a contract with Owner for
equiprent including transmitters
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is labor, or furnished the last of the materials for which said claim is made,
such that, if Principal shall promptly make payment to all claimants as stating with substantial accuracy the amount claimed and the name of
hereinafter defined, for all labor and material used or reasonably the party to whom the materials were furnished, or for whom the work
required for use in the performance of the Contract, then this obligation or labor was done or performed, Such notice shall be served by mailing
shall be void; otherwise it shall remain in full force and effect, subject, the same by registered mail or certified mail, postage prepaid, in an
however, to the following conditions: envelope addressed to the Principal, Owner or Surety, at any place
1, A claimant is defined as one having a direct contract with the Princi- where an office is regularly maintained for the transaction of business,
pal or with a Subcontractor of the Principal for labor, material, or both, or served in any manner in which legal process may be served in the
used or reasonably required for use in the performance of the Contract, state in which the aforesaid project is located, save that such service
labor and material being construed to include that part of water, gas, need not be made by a public officer.
.power, light, heat, oil, gasoline, telephone service or rental of equipment b) After the expiration of one (1) year following the date on which
directly applicable to the Contract. Principal ceased Work on said Contract, it being understood, however,
2, The above named Principal and Surety hereby jointly and severally that if any limitation embodied in this bond is prohibited by any law
agree with the Owner that every claimant as herein defined, who has not controlling the construction hereof such limitation shall be deemed to
been paid in full before the expiration of a period of ninety (90) days be amended so as to be equal to the minimum period of limitation
after the date on which the last of such claimant's work or labor was permitted by such law,
done or performed, or materials were furnished by such claimant, may c) Other than in a state court of competent jurisdiction in and for the
sue on this bond for the use of such claimant, prosecute the suit to final county or other political subdivision of the state in which the Project,
judgment for such sum or sums as may be justly due claimant, and have or any part thereof, is situated, or in the United States District Court
execution thereon, The Owner shall not be liable for the payment of for the district in which the Project, or any part thereof, is situated,
any costs or expenses of any such suit. and not elsewhere,
3, No suit or action shall be commenced hereunder by any claimant: 4, The amount of this bond shall be reduced by and to the extent of
a) Unless claimant, other than one having a direct contract with the _ _ _ any payment or payments made in good faith hereunder, inclusive of
Principal, shall have given written notice to any two of the following: the payment by Surety of mechanics' liens which may be filed of record
the Principal, the Owner, or the Surety above named, within ninety against said improvement, whether or not claim for the amount of such
(90) days after such claimant did or performed the last of the work or lien be presented under and against this bond,
Signed and sealed this 15th day of October ,19 85
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Electronics, Missiles and Communications
(Witness)
~tI~
(Principal) (Seal)
f~~J
(Title)
By
AlA DO .UMENT A311
PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
FEBRUARY 1970 ED,
THE AMERICAN INSTITUTE OF ARCHITECTS
L&M - (3-79)
PRINTED IN U.S,A,
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GENERAL POWER OF ATTORNEY
. .
KNOW ALL MEN BY THESE PRESENTS, that the FORTUNE ASSURANCE COMPANY, INC.
has made, constitute and appointed, and by these presents does make, constitute
and appoint BETTE ANN WELSH
its true arid lawful attorney for it and in its name, place, and stead to
execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship; provided however, the power set forth herein shall
be limited to the issuance of bid bonds for and on behalf of FORTUNE ASSURANCE
..
COMPANY, INC.
This Power of Attorney is granted and is signed and sealad under and
by the authority of the following -Resolution adopted by the Board of Director.
of the FORTUNB ASSURANCE COMPANY, INC., by unanimous consent.
..
"RESOLVED, that the Chairman of the Board and the President, be and
that each or any'of them hereby is authorized to execute Powers of Attorney
quali(ying the attorney named in the given Power of Attorney to execute in
behalf of FORTUNE ASSURANCE COMPANY, INC., bonds, undertakings and all contracts
of suretyship; and that a Secretary or an Assistant Secretary be, and that
each or any of them is, authorized to attest the execution of any such Power of
Attorney, and to attach thereto the seal of the Company."
IN WITNESS WHEREOF, the FORTUNE ASSURANCE COMPANY, INC., has caused
its official seal to be hereunto affixed and these presents to be signed by
itC1~~r;:n of the Board and attested to by its Secretary this ~ day of
T~ · 1984.
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ATTEST:
Board
, .
. .
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA Sf
on this &9 day of n.JA ~ -, 1984, before lie personally c~... ".
Joseph Miller, to me known,~~g by me duly sworn did depose.~"~~y t~.,
he is Chairman of the Board of Directors of FORTUNE ASSURANCE C.IINC. '.. .
the Corporation described in and which executed the above insttf. ' that tl', .~
knows the seal of the said Corporation; that the seal affixed sa~.. " J
instruaent is such corporate seal; and that it was so affixed 1tiS~ ,r aT thJ"',~ j
!' Board of Dtrectors of said Corporation; and that he signed his ~\" re~.. ~,4.,
by like order. JACQUELINE WHlTROCIC .' ". " 'ri:~\~
COMMlSSIOHEl Of DEEDS
Mr. (' ,lln I...... bpi,.. April 23. t'.
CER!.!!.!C!T!
I, the undersigned, Secret~y of FORTUNE ASSURANCE COMPANY, INC.,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney reaains
in full force and has not been revoked; and furthermore that the Resolution
of the Beard of Directors, set forth in the said Power of
in force.,
~~~gned and sealed at Philadelphia,
~ ,19~
Secretary
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