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HomeMy WebLinkAboutCM Marin Sanitary Service Bond' ...... , CONSERVATION -OUR EARTH, OUR MISSION, OUR JOB May 4, 2018 Lindsay Lara, City' Clerk City 'ofSan Rafael - . 1400 Fifth Avenue, Room 209 San Rafael, CA 94901 RE: Insurance Carrier Change -,Bond Requirement . Hi Lindsay: The'insurance carrier for our Franchise Agreement bond requirement has recently changed to International Fidelity Insurance Company. , . Enclosed is the original, nptarized bon4 for your records. My best, Su·san E. Witt Buil~ing Manager Enclosure , . 1050 Andersen ·Drive, Sa n Raf ae l, CA 94901 P.O. Bo)( 10061, San Rafael, CA 94912 (41 5) 456·2601 Fax (415) 456·7595 www.marinsanitary.~om 100% Po st-Co nsu mer Wast e Recvcled Paper · . INTERNATIONAL FIDELITY INSURANCE COMPANY BOND NO. 0739999 PREMIUM: $1,015.00 KNOW ALL MEN BY THESE PRESENTS THAT WE, Marin Sanitary Service, Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly organized and doing business under and by the virtue of the laws of the State of New Jersey, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undeltakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto City of San Rafael (Hereinafter called the Obligee) in the sum of One Hundred Thousand Dollars and 00/100--------------------------- Dollars ($ 100,000.00 for the payment whereof well and truly to be made we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above bounden PRINCIPAL entered into a written Agreement dated September 4th 20 01 ,( a copy of which agreement is or may be attached hereto, and is hereby referred to and made a patt hereof), with the said Obligee to do and perform the following, to wit: Collection and disposal of refuse and recycled Materials I. This bond shall have the term beginning June 1st, 2018 and ending June 1st, 2019 but may be continued by certificate at the option of the Surety. Neither non-renewal by the surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. Surety shall provide Obligee and Principal with a written notice of its intent not to continue this bond at least sixty (60) days prior to its anniversary date. 2. In the event of default by the Principal in the performance of the franchise agreement during the term of this bond, the Surety shall be liable only for damages incurred by Obligee up to termination date of this bond. 3. No claim shall be had or maintained against the Surety on this instrument unless such be brought or instituted and process served upon the Surety prior to expiration date of the bond; no suit shall be maintained against the Surety unless it be brought within one year from the termination or expiration date of the bond. 4. I f any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this bond and as described in the underlying document, then the terms of this bond shall prevail. 5. The aggregate liabilit) of the surety is limited to the penal sum stated herein regardless of the number or amount of claims brought against this bond and regardless of the number of years this bond remains in force. 6. This bond shall not bind the surety unless the bond is accepted by the Obligee. If the Obligee objects to any language contained herein, within 30 days of the date this bond is signed and sealed by the Surety, Obligee shall return this bond, certified mail or express courier, to the Surety at its address at: International Fidelity Insurance Company Attention: Dorothy O'Connor 2999 Oak Rd ., Suite 820 Walnut Creek, CA 94597 Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and conditions, herein. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said Franchise agreement, then this obligation to be null and void, otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED THIS -----=2""'3""rd"----__ day of April 20 -=-1::::..,8 __ Marin Sanitary Service \ InternatiOl\ Fidelity Insurance Company By:~L~1) . Cheryl riggs AttorneY-II1-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of Sonoma ---------------------------------------- On 4/23/18 before me, Barbara Spataro , Notary Public, -----O=-a-te-----Insert Name of Notary exacUy as It appears on the official seal personally appeared _C_h_e_ry-<--I G_ri""'g""'gs _________ ----,-,-_,.--,---~-_,__,__-------------- Name(s) of Slgner(s) .~ BARBARA SPATARO ~ .. :',;', Commission ti 2135455 t ::."i::.~~; Notary Public -California ~ , ....... ":f.~ Sonoma County ~ ~fVVV-~~,&e~J;~~~ Place Notary Sea l Above who proved to me on the basis of satisfactory evidence to be the person(~ whose name()) is/q(e subscribed to the within instrument and acknowledged to me that Ife/she/tlo?'ey executed the same in jirfs/her/thEir authorized capacity(i~), and that by ~/her/thfl1'r signature(~ on the instrument the person(il), or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatu \.'-;::::-?-'I-~:=:--;:::-;_;:__.!...::o.-+_'_-(\..-"t"-)i-tJ-=~-----­ re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Marin Sanitary Service bond #0739999 Document Date: _____________________ _ Number of Pages: ______________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name : ....;C:.;hc.:..;e=.L.:....1 G=.:...:ri=s=--______________ _ o Individual o Corpo rate Offi cer -T itle(s): ________ _ o Partne r 0 Lim ited 0 General [tl Attorney in Fact o Trustee o Guardian or Conservator o Other : ______________ _ Signer is Representing : International Fidelity Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name : _______________________ _ o Individual o Corporate Officer --Title(s): ______________ _ o Partner o Limited 0 General o Attorney In Fact o Trustee o Guardian or Conservator o Other Signer is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here "', ' 'i .. ":-~,'" 'G ~ ~ 'f' ': '}'. ""...... '"=~: ,~,'" ~~ , , ~" . J'-:::~>:.,,~ .. ,: ':. ::~~, ,~;.(;".;~~.;. :':,~::~ :, ':' '~~< .. :}-:,:: :·.:< .. :·,.i: :;.~:, ........ :.:' .. ~ ':i'/ /":P'OWER Ot2 ~AtTO:f{~NEY ' :'';'"'''''' INTERNATIONAL FrDELITYINSURANCE COMPANY ALLEGHENY CASUAL TYCOMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 . . -:..; ! .~ .-. ..... ~~ ~. KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint ROBB DAER, JEFF OKREPKIE, BRUCE G. OKREPKIE, DOUGLAS DILLEY, CHERYL GRIGGS Santa Rosa, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, reCluired or permittea by law, statutetrule, regulation, contract or otherwise. and the execution of sucli instrument(s) inpursuance of these presents, shall be as binding upon the said IN ERNATlONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TV COMPANY, as fully and amply, to all intents ana purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authorlty of the following resolution adopted b~ the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 20m and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the apPointmenfs of joint-control custodians , agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attomey or certification given for the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manuany affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. . STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegfleny Casualty Company) On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth In said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals. and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF; I have hereunto set my hand this 23rd day of Apri 1 2018 ". ; ... . ; ... , .... ' , ".-'" .!. ~: ~ • ';", \ ,~ .:~'; , ... , ..:~:~ .:~