Spec #25 169-3990-IMLlrn (re-bid) P.O. #255L5-o-r{c 1' /hit ¿flgcecneDt, made this ¡ day of : A.D.2007 Between the COUNTY OF MONTGOMERY, Pennsylvania, hereinafter called Party of th,l First Part, and DATA MANAGEMENT INTERNATIONALE, a Corporation, with principal pla,:e of business at 55 Lukens Drive, New Castle, DE 19720 hereinafter called Party of the Second Part. WITNESSETH, that the said Party of the Second Part, for and in consideration of the paynrents hereinafter specified and agreed to be made by the Party of the First Part to the said Party of the Second Part, hereby covenants and agrees to and with the said Party of the First Part, to furnish and rleliver all Iabor, materials, equipment, and/or supplies required to be furnished and delivered, being: Furnishing and delivering of electronic digital copies of an estimated 8,000 rolls, more or less, c,f film for the Prothonotary of Montgomery County, Swede and Airy Streets, Norristown, PA 1g40.1, and in strict and exact accordance with the bid, proposal and/or specifications, which said bid, ¡rroposal and specifications are hereby made a part of this agreement by reference thereto as fully to all intents and purposes and to the same extent as though herein set out at length. It is further agreed that in case any of the said labor, materials, equipment and/or supplies iurnished and delivered under this contract are rejected by the authorized or proper County Agent as unsr¡ir.able or unfit, such labor, materials, equipment, and/or supplies so rejected shall be removed at once by the, said Parfy of the Second Part, and other labor, materials, equipment, and/or supplies of the proper kind zLnd quality, and fully up to the requirements of this contract, furnished in place thereof, to the satisfaction cf County Agent, at the cost and expense of the said Party of the Second Part; provided, however, that ;:n the event Party of the Second Part fails, neglects, or refuses to furnish the replacement therefor within sixty (60) days after receipts of written request so to do, County may purchase said replacements and F'arry of the Second Part agrees to be liable for costs thereof. The remedies herein provided shall be in addition to and not in substitution of the rights and remedies which would otherwise be vested in the Party of the First Part under the terms of this agreement, including those contained in the bid, proposal and specifications, all of which rights and remedies are specifically reserved by the Party of the First Part. Party of the Second Part shall at the time of execution of this contract give such security as shall be required by said Counfy Agent or County Solicitor to insure Performance of Contract, compliance with Warranties and Guarantees of Party of Second Part, and Maintenance of said equipment, $here provided by specifications. It is agreed that this contract shall not be sublet as a whole nor shall any part thereof be assig;ned or transferred and that no payment, or part payment, which may accrue hereunder shall be assi¡¡ned. The said Party ofthe Second Part avers and represents that no such assignment or transfer ofsaid. contract has ever been made and that no payment or part payment, which may accrue hereunder, has ever been assigned. It is understood that said averment and representation is a material inducement t,: the execution of this agreement by the Party of the First Part. Page 1 of2 rey.4l23l02 In consideration of the premises, the said Party of the First Part hereby agrees to pay to the Party of the Second Part for the said labor, materials, equipment, and./or supplies the sums or prices set forth in the bid, proposal and specifications incorporated herein and made a part hereof by reference the¡eto. The Party ofthe Second Part agrees to accept the said checks in payment as cash. It is further distinctly understood and agreed that the total amount to be paid for the said labor, materials, equipment and/or supplies to be supplied under this contract shall in no event exceed the st¡m of THE TOTAL ESTIMATED LUMP SUM PRICE OF ONE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED SIXTY and 00/100..($174,960.00) DOLLARS, AND AN ANNUAL LICENSING FEE OF $3,5OO.OO Estimated 8,000 rolls - $21.87/roll 1't year Licensing Fees (if any) - N/A Additional yeerly Licensing Fees (if any) - $3,500/ year The term "Pafy of the Second Part", as used in this agreement, shall be construed to inclucle both singular and plural, and shall be deemed to include each and every of the individuals, co-partnershi¡rs and corporations specifically named above and there designated as "Parly of the Second Part". 'l'he masculine gender shall be deemed to include the feminine and neuter genders. All interpolations and deletions were made before the signing hereof. The parties hereto bind themselves, their heirs, executors, administrators and successors for rhe faithful performance of this agreement. Signed, Sealed and Deli Montgomery County Commissioners DATA MANAG EM ENT I NTERNATIONALE, (x) '),1"- i. -^- )\ ri. .,-. ., \- a Corporation. _(SEAL) Witness to Principal Approved as to form: (x) i By: i,',.: ., , ;_ President. Êcr*ralex Page2 of2 Spec. #25 169-3990-Jlv4lirn (rc-bid) Bond Number 703 26872 PERFORMANCE IIOND K N O \V ALL &lEN B Y THESE PRESENTS, DArA ¡tANAcEr!-rENr I NrErL\ ;rrroN.{ t.E a Co|poratiolì, - !viÍir prinçipal piaüo ofbùsil]ess at 55 Lukens Drive. Neu'Casrlc, ìJË 19720 -, - 16?fÌ\ClPAL, aird llestern Surety Conpany, P.O. Box 50- S ¡orL\ Følls, So uth Da/.ota 5 I I --50'1 is STJRFI\. are helC ettd finnly bound u¡rlJ COLINTY OF MON ftiÕtulÊRY, Peû¡Ìsylvània. âr1:.1 rts sìccessors lnd ¿ssigrìs, ¡r; OBLTGäË, in tâe sunì oiEIGHI Y SIVI]N TI{OUS^ND FOUR HIINDRED EiGIITY and 00rt00 (lSS7.4g0_Cú) DOLL.,\RS, tarvful oronel' of thc Unjtod Stetes of America, tbr which payrnont $,úll aÐd rflrlv io be ,1ade, \rd rin¡ enÈh ofus, have herer¡uto ¡nd do hereby iìrmly bind ortrseLves, our hcìrs, pelse¡aI rcnl-ls:r1tât:ves, succcssors aud ¿ssi!rls- Wi IEREAS, lrincipal hercin bas erltered ìnlo e corÌtraùt or agree¡]cnr iB ]ri:ing wi(h COUN I y OF \'{ONTCONIERY, f-or Spec. :li 990 - Capturirg Rolls of NlicrolÌ 1û Þùcrcb!' P¡ incipe i clìd obtigate ìts,:ll'ro f'u¡oislr all rnaleríals, equipment, Scods rd labor lleijorslÌy to, iu a comi¡le.,e and lrc¡krnanlikc rnanner, do said rrork, ls ìn said Ço¡tlact or agreerient in $Titirtg n-rore fully s0t forih, lhe sarlle beiag f,rlly incorpcratcJ hcrcir) b,.,fetercLìcc wjtlì lhe serne lò¡ce and etfoct as ii lìJliy copied herein. NOWTIIL COI{DITIOì'i OFTHIS OBLIG/.TION lS SUCHth,rtif Prircip¿l shall wcll ânC trolv do Ârr(Ì Derforùr all tlìose ¡hLngs whìch he did by said lvrittcn coDÍEtt or agrelrmerl obligate h¡mscll-io d,J, ¡ìd shirll i¡ âll rcspcclt col.l))l_v .rìth the said rcciicd coniract, theÌt this oblig3tion sirall be voicl a¡d ofno eff'ecr. Orh¿nvisc tc bc arlrl rernlin iLr i.-ri: iì:rce and virtue, IN VITNESS VIHF)ROF thc PRI¡ICIPAL ard S[]RETY l:a'.'e c¿used dtis insù1r¡ncr)t tû be dlly c\ecrrcil ân(ì s.n;cJ in rheir and cach ofthcir behalvcs, this 20th dry of lute , 2007 ^.D. \\¡itre ss: DA|A MANAGEMENT INTEÌL\¡\'|rONÀLU a (SEr',1.) ! ,": ,' .: (x'¡'t,i | , ,rrM- , / ø-. r' - i . --' ;*. B1' "' -7 r-={ (Witness to ?rincipai) LP-,*i¿.rtl -ÏC*nr,.¡l"rj (x) By: tû Surùty) Tanyø K. Il/alsh Western Surety Ccrnpany POWER OF ATTORNEY APPOINTING INDIVIDUAtr- ATTORNEY-IN-FACT KìoÌv Atl ùfen By These Presents, That \\¡ESTERN SURETY COMPANY, a Soulh DaÌota corporation, is a duly organized and existing co¡?oratron hâving ¡rs prìncipal ofüce in the City ofsioüx Falls, and State ofsouth Dakot4 and that it do€s by vrrtue of the signature and seal he¡ein affxed hereby mal(e, conslilutÈ and åppoint Jeffrey Dale CIarþ Individuatrly ofchester, V4 its (,.ue a¡d laÞfll Attomey(s)-in-Fact with fi¡ll power a¡d aù ìority hereby conferred to sign, seal ¡¡d execute for arìd on its behãlfbonds. undertakings ¿¡d other obligalory instruments of similar na$re - ln Unlimited Amounts - ând to bind ir fbereby as frrlly and to the same extenf ¿s ifsûch insüuments were signed by a duly autho¡ized offlcer ofthe corporation and all the acts ofsaid Afiomey, pursùa¡t to the authority hereby given, are hereby râtified â¡d confimed. This Power of Attomey is made a¡d ex€cuted pursua¡t to âi¡d by aut-lìority ofthe By-Law printed on rhe reverse hereot duly adopted, as indicated, by ùe sharehoiders of the corporalion. In Witness Wh€rôof, WESTERN SURETY COMPANY has caused these Þresenls to be signed by ils Se¡ior Vrc€ President a.rd its corporate seal to be hereto afüxed on ¿his 3oth day ofOctober,2006. WESTERN SURETY COMPANY € k,,,^,,, State ofsourh Dakotå ì "." Counr) oiMinneh¡¡a t On this 30th day ofoctober, 2006, before me pe¡sona¡ly cajne Paul T. Bruflat, to me known, who, being by me duly swom, djd depose a¡d say: rhat he res'des in the City of Sioux Fâ.lls, State of South Dakota; that he is the Senror vice President of wESTEtu\ SURETY COMPANY described iD and \rhich executed the above instrument; that he knows the seal ofsaid corporation; thâf the seal affixed to the said instrumen! is such corporate seâlj tha! it was so afijx€d pursu¿¡t to authority givËn by the Board of Directors of said corporation a¡d tha¡ he signed his nane th€reto pursua¡t fo like authoriry, arìd acknowledges same to be the act a¡d deed ofsaid corporatioD.