Performance Bonds
C OK~~!)' of ~gR~A~~E
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
MAYOR, Keith Douglass, District 4
Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
To: Belle DeSantis, Deputy Clerk
Clerk of the Court
From: Carol A. Cobb, Administrative Coordinator{Z;(!
Solid Waste Management Division
Subject: Keys Sanitary Service
Date: September 23, 1997
Enclosed please find the original of the current performance bond for Keys Sanitary
Service, along with supporting documentation.
CC/cc
enclosures as stated
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..... .~, .~-_.,.,~ ..
CENTURY SURETY COMPANY
COLUMBUS, OHIO
POWER OF ATTORNEY
PRINCIPAL TEd Carter- Ehte:qrises <:b3. Keys &mitary Service EFFECTIVE DATE O::.t:01:::er 1, 1.g::)7
CONTRACT AMOUNT
AMOUNT OF BOND $.lX),CXX).O}/~':k
POWER NO. 61681) 6
KNOW ALL MEN BY THESE PRESENTS: That the Century Surety Company, a corporation in the State of Ohio does hereby nominate, constitute and
appoint: Daniel J. Needham, Kathy J. Goe, Patricia A. Wall, Debra A. Erickson, Kathleen P. Price, Jill Calfee, Jeffery L. Booth, Laurie A. Krokos and
Felicia P. Young its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed,
where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of
the Company under this Power of Attorney shall not exceed One Million Dollars ($1,000,000.00).
This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 4th day of
October, 1988:
"RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as
Attorney(s)-in-fact of such persons, firms, or corporations as may be selected from time to time.
FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall
be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached."
IN WIlNESS WHEREOF, the Century Surety Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly
authorized officers this 4th day of October, 1988.
Notary Public)
State of Ohio)
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~~COMPANY
Roswell P. Ellis, President
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Glenn D. Southwick, Treasurer
On this 4th day of October, 1988, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Roswell P.
Ellis and Glenn D. Southwick of the Century Surety Company, to me personally known to be the individuals and officers described herein, and who
executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of
said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and
signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of
said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto ~~t.mY.hl\P.~ and affixed my official seal at Columbus, Ohio, the day and year above written.
~P;~\AL '&........ ~:t 4 .1 J I
is: ~""" ... Ou..c .
~~ \ Sue E. Duffy
~z r i Notary Public State ofOhio
.. .... * i My Commission expires August 7,1999
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State of Ohio ) SS: \~ D'~
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I, the undersigned, Secretary of the Century Snri:ty~m,ahy, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing
Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is
now in force.
Signed and sealed in Cleveland, Ohio this 1st
day of O::toI::a:" 1997.
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Any reproduction or facsimile of this form is void and invalid
......................................
............................................ A.....................................
Cent.uzoy
Suzoet.y
Cornpa.ny
General Performance Bond
Bond No: Z 616806
..............................................................................................................................
KNOW ALL MEN BY ~HESE PRESENTS, that we
TED CARTER ENTERPRISES DBA
KEYS SANITARY SERVICE, TAVERNIER, FL 33070
the Principal, and Century Surety Company, an Ohio Corporation, the Surety, are held and firmly bound unto
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
5100 COLLEGE ROAD, KEY WEST, FL 33040
the Obligee, in the penal eum of
THREE HUNDRED THOUSAND AND 00/100 Dollars ($300,000.00)
for the payment of which we bind oureelvee, our heire, adminietratore, executore, eucceeeore, and aeeigne, jointly and
eeverally, firmly by the.e pre.ent..
WHE~, the Principal has entered into a certain written Contract with the Obligee, dated the
, 19 covering
SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT
day of
which Contract i. hereby incorporated herein ae if fully rewritten.
NOW , ~HEREFORE , the condition of the above obligation i. .uch that if the Principal .hall pranptly and
faithfully perform thie Contract, then this obligation .hall be null and void; .ubject, however, to the following cOnditione,
1. If there ie no breach or default on the part of the Obligee, then the Sur.ty'. performance obligation under the bond
ehall ari.e after,
a. The Own.r has notified the Principal and the Surety in writing at th.ir re.p.ctiv. addr..... of the alleg.d br.ach,
and has r.que.t.d and attempt.d to arrange a conf.renc. with the Principal and the Sur.ty to b. h.ld not lat.r than
fift..n (15) day. aft.r r.ceipt of .uch notice to di.cu.. method. of p.rforming the Contract; and has made available
during the notic. period all book., records, and account. relevant to the Contract which may be reque.ted by the
Principal or Surety. If the Oblig.e, Principal and Sur.ty agree, the Principal shall be allOWed a r.asonable time
to perform the Contract; but such an agr..m.nt shall not waive the Obligee'. right, if any subsequently to declare
a Principal default;
b. The Owner has d.clared the Principal in default and formally terminated the Principal'e right to canplete the Con-
tract, provided, howev.r, that euch d.fault shall not be declared earlier than twenty (20) days after the Principal
and the Surety have received the notice as provided in 'a' above; and
c. The Obligee hae agr.ed to pay the balance of the Contract price to the Surety in accordance with the terms of the
Contract or to the euch contractor as may be tendered by the Surety to the Obligee.
2. The Obligee shall notify the Surety immediat.ly of any change orders approved by the Obligee, any changee to the Bcope
of work or to the duration of the Contract, or any increaees to the Contract price.
3. Any .uit under thie bond by or for the benefit of the Obligee must be instituted before the expiration of two (2) years
from the date on which the Principal cea.ed work on the Contract.
4. In no event shall the liability of the Surety hereunder exceed the penal eum hereof.
Signed, sealed and .xecuted this 9th day of September, 1997
/1""...,' 'NIa.~ ~
WitneBs~ ~
Surplus Lines Agent: Karen LoComi-Diaz
Agents Address: 7300 Camino Real #212
Lie. #; 299-54-9258-002
Prod. Agl: Same
City; Boca Raton, FL 33433
This insurance Is Issued pursuant to the Florida Surpfua
lmes Laws. "Persons insured by Surplus Lines Carriers do
not have the protection of the Florida Insurance Guaranty
Act. to the extent of any right of recovery tor the nhlIgatlon of
an msolvent unlicensed ill8urer." ^.. /
File I: Iqq 7 Quarter: 31 t7
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Century Surety Company
RECEIVED
SEP ~ ~ 1997
BY: t1J2
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CERTIFICATE
1996
The following [mandal information was excerpted from the Statutory Annual Statement filed by
Century Surety Company with the Ohio Department of Insurance on March 1, 1997.
STATEMENT OF INCOME
Direct Written Premium
Reinsurance Assumed
Reinsurance Ceded
Net Written Premium
Change in Unearned
Net Earned Premium
Losses & LAE Incurred
Commission Expense
Other Expenses
Undenvriting Gain/(Loss)
Investment Gain
Other Income/(Expense)
Income Before FIT
Federal Income Tax
$39,421,629
1,664,735
16,422,419
24,663,945
(2,785,659)
21,878,286
13,921,591
3,791,394
5,280,857
(1,115,556)
3,800,801
(181,383)
2,503,862
588,000
Net Income
$1,915,862
BALANCE SHEET
Assets
Invested Assets
Agents' Balances (net of Reins.)
Reinsurance Recoverables
Other Assets
Total Assets
Liabilities & Surplus
Unearned Premium Reserve
Loss & LAE Reserves
Other Liabilities
Total Liabilities
Surplus
$65,476,848
2,609,472
300,045
3,383,791
71,770,156
$12,951,236
26,469,571
6,395,761
45,816,568
$25,953,588
I hereby certify that the above information is that contained in the Statutory Annual Statement
f1led by Century Surety Company with the Ohio Department of Insurance ending December 31, 1996.
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K Weiland, Assistant Secretary '-'
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MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
MAYOR, Keith Douglass, District 4
Mayor Pro Tern, Jack London, District 2
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
To: Belle DeSantis, Deputy Clerk
Office of the Clerk of the Circuit Court
From: Carol A. Cobb, Executive Assistant (l()(/
Solid Waste Management Division
Subject: Solid Waste Haulers' Performance Bond Renewals
Date: October 19, 1998
Enclosed are originals of the performance bond renewals for Bland Disposal
Services. Inc. and Keys Sanitary Service.
CC/cc
enclosures
Ice
Century Surety Company
CONTINUATION CERTIFICATE
The Century Surety Company
as surety on bond no. 2-616806
, issued on the 1st
day
of
October
19~, in the amount of -k~~~EE HUNDRED THOUSAND DOLlARS~'~'~
Dollars ($300,000. OO~':;'~', ), on behalf of
Keys Sanitary Service
(Principal)
in favor of Monroe County Board of Commissioners
(Obligee)
Solid Waste and Recycling Collection Franchise Agreement
(Description)
hereby continues said bond in the amount of
~~::\'THREE HUNDRED THOUSAND DOLlARS~'~'\
#,. .
Dollars ($ 300 It 000. OO-k-!~~': ) I
for the period beginning the ~day of October
192L,
and ending on the 30thday of September
19~, subject
to all covenants and conditions as set forth and expressed in
said bond.
This Continuation Certificate is executed upon the exoress
condition that the Company's liability under the said-bond
and this and all Continuation Certificates issued in
connection therewith shall not be cumulative and shall not
in any event exceed the S~~ of the said bond in force at
the time of default.
Dated atCleveland
this ~day of October
19 98 .
10055 Sweet Valley Drive, Valley View, Ohio 44125
(216) 447-9222 Fax (216) 447-9137 (80Q)325-9112
Frontier Insurance Company
U(;l 4 I~.".
General Performance Bond
Bond No: 146638
KNOW ALL MEN BY THESE PRESENTS, that we
th .. I d Frontier Insurance Company
e pnnclpa , an
Monroe County Board Of County Commissioners
Ted Carter Enterprises DBA Keys Sanitary Services
, as
, as the Surety, are held and firmly bound unto the
, as the Obligee, in the
penal sum of
Three Hundred Thousand, and 00 1100
($ 300,000.00
for the payment of which we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Principal has entered into a certain written Contract with the Obligee, dated the
day of
(year)
covering Solid Waste and Recycling Collection Franchise Agreement
which contract is hereby incorporated herein as if fully rewritten:
NOW, THEREFORE, the condition of the above obligation is such that if the Principal shall promptly and faithfully perform this Contract,
then this obligation shall be null and void; subject, however, to the following conditions:
1. If there is. no breach or default on the part of the Obligee, then the Surety's performance obligation under the bond shall arise
after:
a. The Owner has notified the Principal and the Surety in writing at their respective addresses of the alleged breach,
and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than
fifteen (15) days after receipt of such notice to discuss methods of performing the Contract; and has made available
during notice period all books, records, and accounts relevant to the Contract which may be requested by the
Principal or Surety. If the Obligee, Principal and Surety agree, the Principal shall be allowed a reasonable time to
perform the Contract; but such an agreement shall not waive the Obligee's right, if any subsequently to declare a
Principal default;
b. The Owner has declared the Principal in default and formally terminated the Principal's right to complete the Contract,
provided, however, that such default shall not be declared earlier than twenty (20) days after the Principal and the
Surety have received the notice as provided in "a" above; and
c. The Obligee has agreed to pay the balance of the Contract price to the Surety in accordance with the terms of the
Contract or to the such contractor as may be tendered by the Surety to the Obligee.
2. The Obligee shall notify the Surety immediately of any change orders approved by the Obligee, any changes to the scope of
work or to the duration of the Contract, or any increases to the Contract price.
3. Any suit under this bond by or for the benefit of the Obligee must be instituted before the expiration of two (2) years from the
date on which the Principal ceased work on the Contract.
4. In no event shall the liability of the Surety hereunder exceed the penal sum hereof.
Signed, sealed and executed this 1st
day of
OCTOBER
1999
Ted Carter Enterprises DBA Keys Sanitary Services
CL
ClAuu'c f1~
Countersigned by a Licensed resident agent
BY: ~ r. Cha~
DY K. CHANCE - License# A044948
,"
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INSURANCe COMPANY
Roo:k Hill. New Yon 12775
(A Slock Company)
POWER OF ATTORNEY
Bond #146638
. lI:tllulu }dl llnu ll!.! U:q~'!H' ~Jn"H'"tl!: ThaI FRONTIER INSURANCE COMPANY. a New York Corporation. having its principal office in
Rock Hill, New York. pursuant to the following resolution. adopted by the Board 01 Directors 0/ the Corporation on the 4th day 01 November. 1985:
"RESOLVED. that the Chairman 01 the Board. lhe Presidenl. or any Vice President be. and hereby is. authorized to appoint Attorneys-in-
Fact to represent and act lor and on behall 01 the Company to execute bonds. underlakings. recognizances and other contracts 01 indemnity
and writings obligatory in the nature thereol. and to attach thereto the corporate seal 01 the Company. in the transaction 01 its surety business:
"RESOLVED. that the signatures and attestations 01 such ollicers and the seal 01 the Company may be affixed 10 any such Power 01 Attorney
or to any certilicate relating thereto by facsimile. and any such Power 01 Attorney or cerlificate bearing such facsimile signatures or lacsimile
seal shall be valid and binding upon the Company when so a/lixed with respect to any bond. undertaking. recognizance or other contract 01
indemnity or writing obligatory in the nature thereot:
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereol, said date to be not later than the date ot delivery thereot by such Attorney-in-Fact"
This Power 0/ Attorney is signed and sealed in facsimile under and by the authority 01 the above Resolution.
DOES HEREBY MAKE. CONSTITUTE AND APPOINT:
Kathleen P. Price Daniel J. Clark
ot Cleveland _ ' in the State 0/ Ohio
its true and lawlul Attorney(s)-in-Fact ";;'ith lull power and authority hereby con/erred in its name. place and stead to sign. execute. acknowledge and
deliver in its behalf, and as its act and deed. without power 01 redelegation. as follows:
Bonds guaranteeing the fidelity 01 persons holding places 01 public or private trust: gua-ranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law
allowed; IN AN AMOUNT NOTTO EXCEED THREE MILLION FIVE HUNDRED THOUSAND (53.500,000.00) DOLLARS: and to bind FRONTIER
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers ot
FRONTIER INSURANCE COMPANY. and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and
confirmed.
31lt .3lJrlitltCIIII ~ qcrcof, FRONTIER IN5..UF.lANCE COMPANY ot Rock Hill. New York, has caused this Power of Attorney to be signed by its PresJ,~nt
and its Corporate seal to be affixed this Lrth day otJanuary. . . 19 ~~.
FRONTIER INSURANCE COMPANY
State of New York
County ot Sullivan
.......~~.........
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ss..
8Y:__
HARRY W. RHULEN. President
On this 27th day of January .19 99 . before the subscriber. a Notary Public of the Slate of
New York in and for the County of Sullivan. duly commissioned and qualdied. came HARRY W. RHULEN of FRONTIER INSURANCE COMPANY to
me personally known to be the individual and officer described herein. and who executed the preceding instrument. and acknowledged the
execution of the same. and being by me duly sworn. deposed and said. that he is the officer of the Company aforesaid. and that the seal aHixed to the
preceding instrument is the Corporate Seal at the Company. and the Corporate Seal and signature as an olficer were duly affixed and subscribed to
the said instrument by the authority and direction of the Corporation. and that the resolution of the Company. referred to in the preceding instrument
IS now in force~
Jln 'QIC!!timLllttl JIl!1qcrcd, I have hereunto set my hand. and affixed my official seal at Rock Hill. New York. the day and year above written.
I. JOSEPH P LOUGHLIN. Secretary 01 FRONTIER INSURANCE COMPANY of ROCk Hili. New York. dO hereby cO!r1i1y that the foregOing ResolutiOn
adopted 'Jy the Board 01 Olrectors 01 tn,s Corporation and the Powers 01 Attarney Issued pursuant (nereto. are true and correct. and tnal both the
Resolution and Ine Powers 01 Attorne"f are In lull lorce and eHe-:t.
Jill JmdIIL'~~ JililI~L'rruf. I have nereunto set my nand and ad'Xl'c tne lacsimlle seal 01 InO! corporation this
October 1999
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CERTIFICA TION
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(.i "'rS:~~~: r
NANO' ~a;I!!~
Notary Public State 01 New York
Sullivan County Clerk's No. 2395
Commission Expires July 8. 2000
1st
day 01
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~
.
. -rol1/Jer INSURANCE COivfPANY
" ROCK HlLL. NEW YORK 12775-8000
Financial Statement as of December 31,1998
I certify th:lt the below listed officers were duly elected by the BO:lrd of Directors of Fronrier Insunnce Com pan)' and continue to hold tbe office set opposite
~ir o:lmcs. .
omCERS
>..RR Y w. RHutEN ..................................................................................... .President
>. VlD E. CPu'vlPBELL..............................Senior Vice President &. AssistantSecretary
INA THAN ~L F ARROW..........................................................Senior Vice president
ISEPH P. LOUGHUN........................................................ Vice President &. Secretary
~L GOLD............................................... .....................................Seruor Vice President
::V!N F. JEFFER y......................................................................Senior Vice president
A.RK H. MISHLER................................................ Vice President Finance &. Tre:lSurer.
-{OrvtAS J. D[ETZ................................................................................. Vice President
::R.ARD HART\VlCK............... ............... ............................................... Vice President
CHARD F. SEYFF ARTH.......................... Vice President &. Chic flnvesunent Offic::r
GERALD C. STEIME..U................................................................ Vie. Preside:1t
RlCHARD M. MARSP..Al..L.......................................................... ............ Vie: Preside~t
JOEL P. GELB..........................................................................~....:::::::::== Vie; Preside~t
JOAi."iNE E.1EN1<lNS..__..._..__........-..................................................... Vie:: Preside:1t
KENT B. LOMBARDL................................................................................. Vice President
EDW ARD A. SCHIRlCK........__..............................................................-.... Vice ?rc:side:1t
BRUCE L. MAAS......................-................................................................... Vie:: prcside:1t
DA V1D H. RHODES..................................................................................... Vie:: Preside:1t
DONN AM. 8 RA UNSTEIN ............................................................................. Vie:: Pres ide:1t
I further ,errify th:lt the following Fin:lncial Statement of the Company is true. as taken from the books of the Com p:lny as of December 31, 1998:
ASSETS
Jnds...................................................................................................
'e ferre d stocks.. ............................... .................................. ................
J mmon stocks.......... ...... ....................................... .... ........ .......... .......
::U Es tate... ........ .............. ..................................................................
ash :l.l1d short-term invesunents.........................................................
'emiums :l.l1d agents' bal:l.l1e:s
in eour;e of collection.......................................................................
the r in vested ass e ts.................. ..........................................................
Jnds held by reinsurers......................................................................
:insur:me:: recoverable on loss payments..........................................
cc'rued investment inca me............ ............................................. .........
::ceivable from parent, subsidiaries and affiliates..............................
:der:u [neome T<1.,( reeover<lble...........................................................
th e r asse ts.............. ................................... .........................................
S606,390,27]
47,912,785
125,506.185
37,053,337
97,971,358
43,788,578
27,1-04,584
-0-
11.169,315
8,651,359
6.047,811
27)61,421
8.230.395
TOTAL ADi'Y1ITTED ASSETS................................. S \.047.733.0 12
LlABILlTILS A,.'11) POLICYHOLDER'S SURPLUS
Losses.......................................................................................................
i:~~s~li~~~~~P~~~.~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
U neamed premiums......... ........................ ......... .................................... ...
Reinsur.:lJ1ee payable on paid loss
and loss adjustment e:tpenses.................................................................
Payable to parent, subsidiaries
and affil iates....... ............ ...................................... ................. ........ .........
Excess reauired statutorY rese:ves.... ................... ....... ....... .......................
Funds held by company'under
Rei nsurane: T re<lti::s. ............ ............. ........................... ....... ........... .......
Other Ii <lb i 1 i ties...................................................... ............. ......... ......... ....
TOTAL LlABILmES................................................................
S344, 152.l19
140,610,125
3,930,603
141.520,.21 i
4,904.3\.\
-0-
-0.
(54)86.113
5,953.639
S795.397.330
Commo n stack................................... ... ...... ............ ... .... ...........................
0~~~i ~~ fu~~~~~~ I~~~....:....:::::::::::::::::::::::..:.:..::::::::..::..:..::::..:::::::::::::
5,000,000
210.974,591
35.866.091
Total pal icyholder" s surpl us............................................................... S251.340.63'2
TOTAL LIABILITIES &:
PO LlCYHO LD ER'S ST.;RP L US................................................. S \ .047.7330 \ '2
Ii'( WITl'iESS WHEREOF, I have hereunto set my hand and affi:ted the facsimile seal of tbe Company this 2nd day of :-rlarch, 1999.
CORPORATE SEAL
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(,t~.>:/~. )
-
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ST':',:: GF ,'<EW YO?K
COUNTY OF SUL!JVAN
55.:
~
i"'Jo........~ Y w. K.HU LC!'<, <'reslcent
On this 2nd Jav at' :"v1:!Cch 1999. bet"ore t.'1e subsCrlb:r. ~ '-iuc:!C'j Public at' the St;lte ot' New York :n ;),.'".d '-or ~'e Cu\::1[V ot' Sulliv:lI1. duly commissioned c..~d C;uah,ie::. .~=:
H.-'~'l.~ Y W R}'!ULEN or rRONTr=:K f:\ISl.R..-'u'iCE CO,\I?A.;'iY cO me pe:>on<lllv known (0 be ~e ,ndivlduc..! ~d u'::'::: desc:lbed he:::I:1. and who ct::ute:! to,: ;:re:~_dlng
In:;trume:1C. and ac~~nowledged the e.'(ecution o(c.'1e S;l[T1e. ~c betng by me dulv swo;". deQosed c.nd said. c.'.at he IS ~'1: o.::,,:o(th: Cumo:lI1V aforesaid. and that ~,: seal ar:1.~:::i
to t.'1e pre~:ding Instrument IS the Corporate Sec..! ur'the Comoany. :J.!\d the Co~orate Seal and SI~n:lrJr: as :lI1 or.ic:: '.,e: Julv a't1ixed c..~d subscribed to ~,: saId :nSl..-~ment bv
cne authorn":J.!\c dlre:uon ot',,'e Curoor:mon.:J.!\d c.'1at t."1: ;:soluuonoo(t.'1: COmO:l!1V. re:'::Ted-lO In lr,e .r:::d:r,z ,~;-=-~mo~c.. IS no'" In forc:. ar:d r.n:lt said Cur~or:l::on i\as
r:';o,...ed from th: Suoenn(:~dont o( [nsurar,c:: o( ,,'1e Sl:lC: o(":'.v York a C::-\[[iC:ll~ or' Solvenc', :lI1Cl o( its SU:':'IC:::~:" as surer; or ~'~:!CJ:.tor under Se:t1on t , 111.)[ t.,o In5"~::'~::
Lawo(~eSl:lt:o(:--JewYork. .' .-
rN TESTIMONY WHE:tEOF. I h:lve h:::ur,(o sot mv hc..~d. :ll1d :l!'fixod mv omcl:U soal at R.ock !-lilt. "e',; ~"Jr:~. t.~: d:lv :J.!\d y:ar above wnete:1.
NOTARIAL SE.';'L
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C,.::.rnmtAJ"On E,,::o'J'r>> ~\JN 8. ~)
O~~Y~o~~~E
(305) 294-4641
(.~..... --.........-.
I
MEMORANDUM
Belle DeSantis, Deputy Clerk
Office of the Clerk of the Circuit Court ~
Carol A. Cobb, Executive AssistanJ\~r
Solid Waste Management ~
To:
From:
BOARD OF roUNIY ro~
MAYOR GeQrge Neugent, District 2
Mayor Pro tern Nora Williams, District 4
Dixie Spehar, District I
Charles "Sonny" McCoy, District 3
Murray Nelson, District 5
Subject:
Solid Waste Haulers' Performance Bond Renewals
Date:
March 21, 2001
Enclosed is the original performance bond renewal for Ted Carter Enterprises DBA
Kevs Sanitary Services to be filed with their franchise contract.
enclosure as stated
.:
MAR 1 9 2001
PERFORMANCE BOND
Bond #550055
KNOW ALL MEN BY THESE PRESENTS, That, Ted Carter Enterprises DBA Keys
Sanitary Services, (hereinafter called the Principal), and Evergreen National
Indemnity Company (hereinafter called Surety) a corporation of the State of Ohio and
has an office located at 28601 Chagrin Boulevard, Suite 500, Woodmere, OH 44122
are held and firmly bound unto Monroe County Board of County Commissioners,
(hereinafter called the Obligee), in the full and just sum of Three Hundred Thousand
and NollOO Dollars ($300,000.00), to the payment of which sum, well and truly to be
made, the said Principal and Surety bind themselves, their and each of their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the above bounded Principal has entered into a certain written contract for
the Solid Waste and Recycling Collection Franchise Agreement with the above
mentioned Obligee dated _day of for a period of _ years
which contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein, and
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
that if the above bounden Principal shall well and truly keep, do and perform, each and
every, all and singular matters and things in said contract set forth and specified to be by
the said Principal kept, done and performed, at the time and in the manner in said contract
specified during the term of this bond, and shall pay over, make good and reimburse to
the above named Obligee, all loss and damage which said Obligee may sustain by reason
of failure or default on the part of said Principal, then this obligation shall be null and
void, otherwise to be and remain in full force and effect.
PROVIDED, HOWEVER, that this bond is subject to the following conditions and
prOVISIOns:
1. This bond is for the term beginning October 1, 2000 and ending October 1, 2001.
2. In the event of default by the Principal in performance of the contract during the term
of this bond the Surety shall be liable only for the loss to the Obligee due to actual
costs of performance of the contract up to the termination of the term of this bond and
in no event shall the liability of the Surety exceed the penal sum of this bond.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or
maintained against the Surety of this instrument unless same be brought or instituted
and process served upon the Surety within six months after the completion of the
contract.
" ,
4. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a
replacement bond shall constitute loss to the Obligee recoverable under this bond.
5. The bond may be extended for additional terms at the option of the Surety, by
Continuation Certificate executed by the Surety.
**This bond supercedes bond 146638.
Signed and sealed this 1st day of October, 2000.
Principal
Tedca:~fZ;/i:e:
(Title)
Surety
EVERGREEN NATIONAL INDEMNITY COMPANY
Surplus Lines Agent:
Agents Address:
City:
License #:
Producing Agent:
Karen LoConti-Diaz
1900 Corporate Blvd., #400 E
Boca Raton, Florida 33431
299-54-9258-002
Same
This insurance is issued pursuant to the Florida Surplus Lines Laws. "Persons insured by
Surplus Lines Carriers do not have the protection of the Florida Insurance Guaranty Act
to the extent of any right of recovery for the obligation of an insolvent unlicensed
insurer. "
File #: CS550055
Quarter: 1 st/200 1
Premium: $7,500.00
Taxes: N/ A
Policy Fee: N/A
Service Fee: N/A
Agent's Countersignature:
~~~-Dw.-,
K n LoConti-Diaz 6
EVERGREEN NATIONAL INDEMNITY COMPANY
CLEVELAND, OHIO
POWER OF ATTORNEY
PRINCIPAL Tal Carter Ehterpr:i..Ees rm Keys Sanitary Services
EFFECTIVE DATE
~td:er 1, 2[fJJ
CONTRACT AMOUNT
AMOUNT OF BOND $ m.cx:D.OJ
POWER NO. 5 50 0 5 5
KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate,
constitute and appoint: Daniel J. Clark, Kathleen P. Price and Patricia A. Temple its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and
deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in
the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Five Hundred
Thousand Dollars ($1,500,000.00).
This Power of Attorney is granted imd is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of
February, 1994:
"RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as
Attomey(s)-in-fact of such persons, firms, or corporations as may be selected from time to time.
FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid
and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding
upon the Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be
signed by its duly authorized officers this 23rd day of February, 1994.
,,~'\\~::l~"""""l
~.~~ ~~
~~/ ....~
~~I tOVORATt ',;.L\
s: ~ :8~
\ \ SEAL ill
'\~~~.,
"''''t,,- OH\O .,\#
7ttti1"nl"""'~
raig L. Stout, President
~Q;( /&LC-r
Roswell P. Ellis, Treasurer
Notary Public)
State of Ohio)
SS:
On this 23rd day of February, 1994, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Craig
L. Stout and Roswell P. Ellis of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein,
and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the
officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the
resolution of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Columbus, Ohio, the day and year above written.
~/
State of Ohio)
SUE E. DUFfY
t()TARY ~ STATeCfCHO
MY COMMlml EXPIRES AUG. 8,.
Sue E. Duffy I
Notary Public State of Ohio
My Commission expires August 6, 2004
I, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that
the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth
herein above, is now in force.
Signed and sealed in Cleveland, Ohio this
1st day of CCtd:er, am
~"\'~""~"''''/~ ~~
~~~ "
S~ r". ~":. Anne . eyers, Secreta ~
SIJ},I toflORArc "';.L~
~ffi! SEAL 1~~
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~~....~~~
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Any reproduction or facsimile of this form is void and invalid
.
Evergreen
S:ltivn;J/ /ntf~'lIInitJ CI/.
CERTIFICATE
1999
The following [mandaI information was excerpted from the Statutory Annual Statement filed by
Evergreen National Indemnity Company with the Ohio Department of Insurance on March 1, 2000.
ST A TEMENT OF INCOME
Direct Written Premium
Reinsurance Assumed
Reinsurance Ceded
Net Written Premium
Change in Unearned
Net Earned Premium
Losses & LAE Incurred
Commission Expense
Other Expenses
Underwriting Gain/CLoss)
Investment Gain
Other Income/(Exl'ense)
Income Before FIT
Federal Income Ta'{
Net Income
$26,490,511
10,932,725
31,339,381
6,083,855
474,477
6,558,332
4,294,589
1,702,107
1,289,972
(728,336)
1,243,621
(7,300)
507,985
(13,500)
S521,485
BALANCE SHEET
Assets
Invested Asset
Agents' Balances (net of Reins.)- '.
Reinsurance Recoverables
Other Assets
Total Assets
$25,747,425
(2,546,052)
5,428,281
1,204,223
S29,833.877
Liabilities & Surplus
Unearned Premium Reserve
Loss & LAE Reserves
Other Liabilities
Total Liabilities
Swplus
$ 2,472,956
7,404,655
6,380,578
S16,258,189
$13,575,688
I hereby certify that the above information is that contained in the Statutory Annual Statement
filed by Evergreen National Indemnity Company with the Ohio Department of Insurance ending
December 31, 1999.
\
()
1L0t7~~~
Kurt Weiland, Assistant Secretary
O~~Y~2!1~E
(305) 294-4641
(- . ~ ............-
BOARDOFCOUNIY~
MAYOR George Neugent, District 2
Mayor Pro tern Nora Williams, District 4
Dixie Spehar, District 1
Charles "Sonny" McCoy, District 3
Murray Nelson, District 5
.
MEMORANDUM
From:
Belle DeSantis, Deputy Clerk
Office of the Clerk of the Circuit Court
Carol A. Cobb, Acting Sr. Administrator~ M
Solid Waste Management
To:
Subject:
Solid Waste Haulers' Performance Bond Renewals
Date:
December 10,2001
Enclosed is the original performance bond renewal for Keys Sanitary Service to be
filed with their franchise contract.
enclosure as stated
PERFORMANCE BOND
OCT I 4 2001
Bond #160226
KNOW ALL MEN BY THESE PRESENTS, That, Ted Carter Enterprises. Inc. DBA
Kevs Sanitary Service (hereinafter called the Principal), and Republic Western
Insurance Company (hereinafter called Surety) a corporation of the State of Ohio and
has an office located at 2721 North Central Avenue. Phoenix. Arizona 85004, are held
and firmly bound unto Monroe County Board of County Commissioners. FL
(hereinafter called the Obligee), in the full and just sum of Three Hundred Thousand
and 00/100 Dollars ($300.000.00), to the payment of which sum, well and truly to be
made, the said Principal and Surety bind themselves, their and each of their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the above bounded Principal has entered into a certain written contract for
the solid waste and recvcline: collection franchise ae:reement with the above mentioned
Obligee which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein, and
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
that if the above bounden Principal shall well and truly keep, do and perform, each and
every, all and singular matters and things in said contract set forth and specified to be by
the said Principal kept, done and performed, at the time and in the manner in said contract
specified during the term of this bond, and shall pay over, make good and reimburse to
the above named Obligee, all loss and damage which said Obligee may sustain by reason
of failure or default on the part of said Principal, then this obligation shall be null and
void, otherwise to be and remain in full force and effect.
PROVIDED, HOWEVER, that this bond is subject to the following conditions and
provISIOns:
1. This bond is for the term beginning October 1, 2001 and ending September 30, 2002.
In the event of default by the Principal in performance of the contract during the term
of this bond the Surety shall be liable only for the loss to the Obligee due to actual
costs of performance of the contract up to the termination of the term of this bond and
in no event shall the liability of the Surety exceed the penal sum of this bond.
2. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or
maintained against the Surety of this instrument unless same be brought or instituted
and process served upon the Surety within six months after the completion of the
contract.
REPUBLIC WESTERN INSURANCE COMPANY
2721 North Central Avenue, Phoenix, Arizona 85004
POWER OF ATTORNEY
Republic Western Insurance Company, a corporation organized and existing under the laws of the State of
Arizona with it's principal office at 2721 North Central Avenue, City of Phoenix, County of Maricopa,
State of Arizona, hereby appoints Kathleen P. Price of Cleveland and the State of Ohio, as its Attorney-in-
Fact for the following purposes:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds and undertakings.
Authority to grant this Power of Attorney was conferred by resolution of the Board of Directors of Republic
Western Insurance Company dated this 17th day ofJuly 2001.
RESOLVED: That Kathleen P. Price be and hereby is authorized and empowered to execute and
sign with the company's name and seal:
(1) Any and all bonds or recognizance's which this company, under and by virtue of its
charter has authority to execute; and
(2) Powers of Attorney authorizing, upon such terms and conditions, as the President
shall deem prudent, the grantee of such power to execute and sign upon behalf of
the company any bonds recognizance's which this company has authority to
execute.
Republic Western Insurance Company, through its Board of Directors, hereby ratifies and confirms
everything that Attorney-in-Fact may lawfully do by virtue of this instrument.
IN WITNESS WHEREOF, Republic Western Insurance Company has caused this instrument to be sealed
with its Corporate Seal, duly attested by its authorized office this 17th day of July 2001.
, M. ~moroso, Officer
Republic Western Insurance Company
CERTIFICATE OF ACKNOWLEDGMENT
State of Arizona
County of Maricopa
Before me, the undersigned, a Notary of Public in and for this County, on this 17th day of July 2001, personally appeared Richard M. Amoroso,
known to me personally, and who, being duly sworn by me, deposes and says that he is the President of Republic Western Insurance Company and
that the seal affixed to the foregoing instrument is the Corporate Seal of that corporation by th thority of its Board of Directors, and Richard M.
Amoroso acknowledged the instrument to be the free act and deed of that corporatio
@ OFFICIAL SEAL
" MELISSA HAJ1P::: JF.ANBLANC
~ . "IO-ARY f"~::l' 'r"' r-""- C': ......'~ONA
. ..:,. ,I ,.....__1.....,.. : ',;. , '" _
,;'j r.~t,S\CC:?/\ C'-:',_I:.tr','
My Camm Expire. December 10, 2003
3. Neither non-renewal by the Surety, nor failure, nor inability ofthe Principal to file a
replacement bond shall constitute loss to the Obligee recoverable under this bond.
4. The bond may be extended for additional terms at the option of the Surety, by
Continuation Certificate executed by the Surety.
Signed and sealed this 1 st day of October, 2001.
Principal
Ted Carter Enterprises, Inc. DBA Keys Sanitary Service
By:
John E. Carter,
Witness:rc~~ ~- f1~
Surety
Republic Western Insurance Company
Witness:
Countersigned:
t. CAo... n..J-A
License No.
I-
O.'!~y ~o~~~E
(305) 294-<4641 .
(-.'----
BOARD OF COUNTY COMMISSIONERS
Mayor Charles uSonny" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, District I
George Neugent, District 2
Bert Jimenez, District 4
Murray E. Nelson, District 5
MEMORANDUM
To: Belle DeSantis, Deputy Clerk
Office of the Clerk of the Circuit Court
From: Carol A. Cobb, Sr. Administrator ~J ;J /J /J. ~/
Solid Waste Management ( ~~ {/ (,,~
Subject: Solid Waste Haulers' Performance Bond Renewals
Date: October 21,2002
Enclosed is the original performance bond renewal for Keys Sanitary Service to
be filed with their franchise contract.
enclosure as stated
OCT 1 6 2002
Performance Bond
Bond No.: 08674307
KNOW ALL MEN BY THESE PRESENTS, that Ted Carter Enterprises. Inc. dba Keys Sanitary
Service, (hereinafter called the Principal), and Fidelity & Deposit Company of Maryland
(hereinafter called the Surety) a corporation of the State of Maryland and has an office located at 4010
Boyscout Blvd.. Suite 600. Tampa. FL 33607 are held and firmly bound unto Monroe County
Board of County Commissioners (hereinafter called the Obligee) in the full and just sum of Three
Hundred Thousand and no/l00 ($300.000.00) to the payment of which sum, well and truly to be
made, the said Principal and Surety bind themselves, their and each of their heirs, administrators,
executors, successors and assigns, jointly and severally, fmnly by these presents.
,"~
WHEREAS, the above bounden Principal has entered into a certain written contract for the Solid
Waste and Recycline: Collection Franchise Ae:reement with the above mentioned Obligee which
contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein, and
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the above
bounden Principal shall well and truly keep, do and perform, each and every, all and singular matters
and things in said contract set forth and specified to be by the said Principal kept, done and performed,
at the time and in the manner in said contract specified during the term of this bond, and shall pay over,
make good and reimburse to the above named Obligee, all loss and damage which said Obligee may
sustain by reason of failure or default on the part of said Principal, then this obligation shall be null and
void, otherwise to be and remain in full force and effect.
PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions:
1. This bond is for the term beginning October 1,2002 and ending October 1,2003. In the event of
default by the Principal in performance of the contract during the term of this bond the Surety shall
be liable only for the loss to the Obligee due to actual costs of performance of the contract up to the
termination of the term of this bond and in no event shall the liability of the Surety exceed the
penal sum of this bond.
No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against
the Surety of this instrwnent unless same be brought or instituted and process served upon the Surety
within six months after the completion of the contract.
3. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a
replacement bond shall constitute loss to the Obligee recoverable under this bond.
4. The bond may be extended for additional terms at the option of the Surety, by
Continuation Certificate executed by the Surety.
Signed and sealed this 3rd day of October, 2002.
B~'~~/~~
WItness
Ted Carter Enterprises, Inc. dba Keys
Sanitary Service
(Principal)
B1lA~~5t#. ~~.
/ (Title)
Fidelity & Deposit Company of Maryland
. (Surety)
By: fJ.~~
D.A. Belis, Attorney-In-Fact (Title)
and Florida Resident Agent
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint M. Stephen JACKMAN, Michael Bonet, Stewart MARTIN, John HAROLD and D. A. Belis, all of Miami,
Florida, EACH its true and lawful agent and AttorneY~in- to make, te, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and akings e execution of such bonds or undertakings in
pursuance of these presents, shall be as binding upon sa' pany, a and amply, to all intents and purposes, as if they
had been duly executed and acknowledged by the reg elected ofthe Company at its office in Baltimore, Md., in
their own proper persons. This power of attorney 11 s that is n behalf of M. Stephen JACKMAN, Michael Bonet,
Stewart MARTIN, John HAROLD, and Karen L RDAS, uly 2,2001.
The said Assistant Secretary does hereby certi the ex forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said compan~, . n w in for~
IN WITNESS WHEREOF, the said esiden~ssistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said ITY A~~t"OSIT COMPANY OF MARYLAND, this 14th day of August,
A.D. 2002. ~ @?
ATTEST: ~ ~
~
~
~ 6:b~
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
J. G. Hamilton
By:
Assistant Secretary Paul C. Rogers
~
Vice President
State of Maryland }
County of Harford ss:
On this 14th day of August, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
~~.
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
POA-F 031-0216
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal ofthe Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the
date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of
the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in
Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
:;)./c!
, .J
day of
CJL-ldx~Y-
, ,;)oo!J--:
V,?0~J
Assistant Secretary
~
ZURICH
t
General Agreement of Indemnity
NOT TO BE USED FOR CONSTRUCTION BONDS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, upon the request made by Ted Carter Enterprises, Inc. dba Keys Sanitary Service (hereinafter called Indemnitors,
whether there be one or more), as is evidenced by the signing hereof, and upon the express condition that this instrument be executed,
ZURICH AMERICAN INSURANCE COMPANY and its subsidiaries and Affiliates including, but not limited to FIDELITY AND DEPOSIT
COMPANY OF MARYLAND and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, with
its principal office in the City of Baltimore, any subsidiary thereof, their successors and assigns, (hereinafter called Company), has
executed, or procured the execution of, and may, from time to time hereafter execute, or procure the execution of bonds, undertakings
and/or obligations of suretyship or guarantee in the same or in different penalties and with the same or different conditions and/or
provisions, and in favor of the same or different obligees (each of such bonds, undertakings and obligations being hereinafter called
bond or bonds) on behalf of:
The Indemnitor or any company in which Indemnitor owns, directly or indirectly, a controlling interest, whether now existing or
hereinafter acquired (hereinafter called Companies), and any and all employees heretofore or hereafter employed by Inqemnitor or
Companies, persons, firms or corporations for which said Indemnitor or Companies would request bonds.
WHEREAS, the lndemnitors have a substantial, material and beneficial interest in the obtaining of the bond or bonds or in the
Company's refraining from cancelling said bond or bonds. . ,
AND NOW, THEREFORE, in consideration of the premises and the sum of one dollar, the receipt of which is hereby
acknowledged, the lndemnitors, and each of them, for themselves, each of their heirs, executors, administrators, successors and
assigns, jointly and severally, do hereby COvenant and agree ~th the Company as follows:
FIRST: To pay to the Company, in advance, the premium or premiums for any such bond or bonds, in accordance with the
schedule of rates attached to or to be attached hereto, as long as liability thereunder shall continue, and until evidence, satisfactory to
the Company, of the tennination of such liability shall be furnished to it at its home office:
SECOND: To indemnify the Company from and against any and all liability, loss, costs, damages, attorneys' fees and
expenses, of whatever kind or nature, heretofore or hereafter sustained or incurred by the Company by reason, or in consequence of its
executing any such bond or bonds as surety or co-surety, or procuring the execution thereof, in making any investigation on account of
any such bond or bonds, in defending or prosecuting any action, suit or other proceeding which may be brought in connection
therewith, in enforcing any of the agreements herein contained, and in obtaining a release from liability under any such bond or bonds;
and to indemnify the Company to the full amount of liability, loss, costs, danmges, attorneys' fees and expenses as aforesaid,
regardless of any reinsurance that may be carried on any such bond or bonds;
THIRD: That the Company shall have the right and is hereby authorized, but not required: (a) to adjust, settle or compromise
any claims, demands, suits or judgments upon any such bond or bonds, unless the Indemnitors shall request it to litigate such claims or
demands, or to defend such suits or to appeal from such judgments, and shall.deposit with the Company satisfactory collateral,
sufficient to pay any judgment or judgments, rendered or that may be rendered, With interest, costs, expenses and attorneys' fees; (b)
to assent to any change whatsoever in any such bond or bonds and/or any contract or contracts referred to in any such bond or bonds
and/or in the general conditions, plans and/or specifications accompanying said c<;mtract or contracts and to bonds and/or in the
general conditions, plans and/or specifications accompanying said contract or contracts and to assent to or take any assignment or
assignments, to execute or consent to the execution of any continuations, extensions or renewals of any such bond or bonds and to
execute any substitute or substitutes therefor, with the same or different conditions, provisions and obligees and with the same or
larger or smaller penalties, all of the aforesaid without notice to or knoWledge of the Indemnitors, it being expressly understood and
agreed that the Indemnitors shall remain bound under th~ terms of this instrument even though any such assent by the Company does
or might s4bstantially increase the liability of said Indemnitors; (c) to attach hereto a schedule of rates and copy or copies ofany such
bond or bonds, to fill up any blanks left herein, and to correct any errors in filling up any blanks herein, or in the schedule of rates
attached, it being hereby agreed that such schedule and such copy or copies, when so attached, and that such insertion or corrections,
when so made, shall be prima facie correct;
J1l7b-3M,7-94
FOURTH: That liability hereunder shall extend to, and include, the full amount ofany and all moneys paid by the Company
in the settlement or compromise of any claims, suits and judgments thereupon, in good faith, under the belief that it was liable
therefor, whether liable or not, as well as of any and all disbursements on account of costs, attorneys' fees and expenses as aforesaid,
which may be made under the belief that such were necessary, whether necessary or not;
FIFTH: That, in the event of payment, settlement or compromise of liability, loss, costs, damages, attorneys' fees, expenses,
claims, demands, suits or judgments as aforesaid, in connection with any such bond or bonds, an itemized statement thereof, sworn to
by any officer or officers of the Company, or the voucher or vouchers, or other evidence of such payment, settle or compromise, shall
be prima facie evidence of the fact and extent of the liability of the Indemnitors in any and all claims or suits hereunder;
SIXTH: That nothing herein contained shall be considered or cons.trued to waive, abridge or diminish any right or remedy
which the Company might have if this instrument were not executed;
SEVENTH: To waive, and do hereby waive, all right to claim any of their property, including homesteads, as exempt from
levy, execution, or sale or other legal process, under the laws of any state or states;
EIGHTH: That, in case any of the Indemnitors shall fail to execute this instrument, or in case any of the Indemnitors, who
execute this lllstrument, shall not be bound for any reason, the other Indemnitors shall nevertheless be bound hereunder for the full
amount of liability, loss, costs, damages, attorneys' fees and expe~es as aforesaid;
NINTH: To wai ve, and do hereby waive, notice of any breach or breaches of any such bond or bonds, or of any act or default
that may give rise to claim hereunder;
TENTH: That this instrument shall be liberally construed, so as to fully protect the Company;
ELEVENTH: That suits may be brought hereunder as causes of action may accrue, and the bringing of one or more suits, or
the recovery of judgment or judgments therein shall not prejudice or bar the bringing of suits upon other causes of action, whether
theretofore or thereafter arising;
TWELFTH: That the Company does not guarantee the prompt issuance of any such bond or bonds, or the acceptance thereof
by the obligee or obligees therein named, and that the Company shall have the absolute right to decline to execute any such bond or
bonds;
THIRTEENTH: That in the event the Company procures the execution of any such bond or bonds by some other surety or
sureties, or executes such bond or bonds with other surety or sureties as co-sureties, or reinsures any portion of such bond or bonds
with other surety or sureties as reinsurers, then all the terms and conditions of this instrument shall inure to the benefit of any such
surety or sureties, including the right to bring action hereunder;
FOURTEENTH: That the Indemnitors shall continue to remain bound under the terms of this instrument on account of any
such bond or bonds even though the Company may from time to time hereafter, with or without notice to or knowledge of the
Indemnitors, accept other or additional agreements or indemnity on similar or other forms to indemnify it in connection with the
execution or procurement of any such bond or bonds, it being hereby expressly ~derstood and agreed by the Indemnitors that any and
all other rights which the Company may have or acquire against the Indemnitors and/or others under any such other or additional
agreements of indemnity shall be in addition to, and not in lieu of, the rights afforded by the Company under this instrument.
FIFTEENTH: The Undersigned Corporation will on request of Surety procure the discharge of Surety from any Bond and all
liability by reason thereof. If such discharge is unattainable, the Undersigned Corporation will if requested by Surety, either deposit
collateral with Surety, acceptable to Surety, sufficient to cover all exposure under such bond or .bonds, or make provisions acceptable
to Surety for the funding or the bonded obligation(s). .'
SIXTEENTH: Whereas, surety has heretofore executed bonds on the express condition, promise and uhderstanding, that the
Indemnitor will provide indemnity therefore, and in further consideration of the surety's agreement to execute other bonds (subject to
Paragraph Twelfth of this agreement) this indemnity shall apply to any bond or bonds executed on or after October 1,2002.
J1l7b-3M,7-94
I
I
,
,
The Indemnitors hereby waive notice of the acceptance hereof and
of the execution of any such bond or bonds or
continuations or renewals thereof,
In accordance with Section 817 .23( I )(b). Florida Statutes: "Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement
of claim or an application containing any false, incomplete, or misleading information is guilty of a felony in the third degree."
Signed, sealed and dated this 1 st day of October, 2002.
Witness:
fLtl~~t ~~
0'L~~~I~ ~ f1~
Attest:
Attest:
"
Attest:
Attest:
Attest:
'.
EACH INDEMNITOR MUST ACKNOWLEDGE THIS INSTRUMENT "
J1l7b-3M.7-94
"
,
,
For Acknowledgment by Individual Indemnitors
STATE OF
Florida
COUNTY OF
Monroe
} SS:
On this 7 day of Oc.. ..f
personally appeared John E. Carter. Sr.
person described in, and w ' th,. ~
.ttJy,(I~ TABATHIA PETERS
Witness my hand and officia s,;;'ll:n '" MY COMMISSION * CC 923866
.,':!fU'.~
"0' {\.".. EXPIRES: Mar 30. 2004
, -8OO-3-NOT ARY Fl NoWy Sel'lice & 1londIng, Inc.
, ;) 00;; before me, the subscriber,
me personally known, and known by me to be the
t and acknowledged same to be his act and deed.
~~~c'~
Notary Public
My Conunission Expires
For Acknowledgment by Individu~1 Indemnitors
STATE OF
} SS:
COUNTY OF
On this day of before me, the subscriber,
personally appeared to me personally known, and known by me to be the
person described in, and who executed, the foregoing instrument and acknowledged same to be act and deed.
Witness my hand and official seal.
Notary Public
My Conunission Expires
For Acknowledgment by Individual Indemnitors
STATE OF
} SS:
COUNTY OF
On this
personally appeared
to be the person
deed.
day of before me, the subscriber,
to me personally known, and known by me
described in, and who executed, the foregoing instrument and acknowledged same to be act and
Witness my hand and official seal.
Notary Public
My Conunission Expires
J 117b-JM, 7-94
, ,
For Acknowledgment by Individual Indemnitors
STATE OF
} SS:
COUNTY OF
On this day of before me, the subscriber,
personally appeared to me personally known, and known by me to be the
person described in, and who executed, the foregoing instrument and acknowledged same to be act and deed.
Witness my hand and official seal.
Notary Public
My Commission Expires
For Acknowledgment by Corporate Indemnitors
STATE OF
Florida
COUNTY OF
Monroe
} SS:
On this I day of ()C f- .,)60 :; before me, the subscriber,
personally appeared John E. Carter. Sr. to me personally known, who, being duly sworn, did
depose and say that she resides in the city of . that he is the President of Ted Carter
Enterprises. Inc. dba Keys Sanitarv Service, the c~rporation described in, and which executed, the within instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation, and that he signed his name thereto by like order; and the deponent further said that she is
acquainted with (I; ZJI ~ i'"h .A . 'B~A + h..... and knows that he is an . emnlovee ~88filtl1fY of said
corporation and that he subscribed his name to the within instrument by a like order of the said Board of Directors, and in the presence
of the deponent.
.#~'~ TABATHIA PETERS
Witness my ha 4~1fi0t:d(~ltM1ISSI0N" CC923ll66
"'1- or I\t:>" EXPIRES: Mar 30, 2004
1-ll1JO.3.NCJTARY FL Nolary Service & BondIng,lnc.
---;-;/~
Notary Public
My Commission Expires
For Acknowledgment by Corporate Indemnitors
STATE OF
} SS:
COUNTY OF
On this
personally appeared
depose and say that he resides in the city of
day of
before me, the subscriber,
to me personally known, who, being duly sworn, did
. that he is the
. the corporation describeg. in, and which execut~d, the within instrument; that he knows
the seal of said corporation; that the seal affIXed to saiq.instrument is such corporate seal; that it was so affIXed by order of the Board
of Directors of said corporation, and that he signed his name thereto by like order; and the deponent further said that he is acquainted
with and knows that he is the of said corporation and that he
subscribed his name to the within instrument by a like order of the said Board of Directors, and in the presence of the deponent.
Witness my hand and official seal.
Notary Public
My Commission Expires
J1l7b-3M, 7-94
I
,
For Acknowledgment by Corporate Indemnitors
STATE OF
} SS:
COUNTY OF
On this day of before me, the subscriber,
personally appeared to me personally known, who, being duly sworn, did depose
and say that he resides in the city of , that he is the
, the corporation described in, and which executed, the within instrument; that he knows the seal
of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so afTlXed by order of the Board of
Directors of said corporation, and that he signed his name thereto by like order; and the deponent further said that he is acquainted
with and knows that he is the of said corporation and that he
subscribed his name to the within instrument by a like order of the said Board of Directors, and in the presence of the deponent.
Witness my hand and official seal.
Notary Public
My Commission Expires
..
.'
J1I7b-3M,7-94
O~~Y~~~~E
(305) 294-4641
(-- ----
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
MEMORANDUM
To:
Bene DeSantis, Deputy Clerk
Office of the Clerk of the Circuit Court
Carol A. Cobb, CPM, Sr. Administratorc:J~ (}/II
Solid Waste Management -'
From:
Subject:
Solid Waste Haulers' Performance Bond Renewals
Date:
September 15,2003
Enclosed is the original performance bond renewal for Keys Sanitary Service.
Please file this document with the contract.
enclosures as stated (1)
~
, ?J.'
cc.~
lfflID
~
.
Fidelity and Deposit Company of Maryland
Surety Service Center, 11411 Red Run Blvd., Suite 300 Owings Mills, MD 21117-3248
Toll Free Telephone Number: 1-800-664-0939
~
LPM 8674307
CONTINUATION CERTIFICATE
For Miscellaneous Term Bonds
Ted Carter Entetprises, Inc. d.b.a Keys Sanitary Service, as Principal, and the Fidelity and Deposit Company
of Maryland, as Surety in a certain Bond No. LPM 8674307, in the penalty of Three Hlllldred Thousand Dollars
($300,000), in favor of Monroe COllllty Board of COllllty Commissioners do hereby continue said bond in force for the
further tenn of one year beginning on the 1st day of October, 2003.
Financial Guarantee Bond
PROVIDED, however, that said bond, as continued hereby, shall be subject to all its tenns and conditions,
except as herein modified, and that the liability of the said Fidelity and Deposit Company of Maryland llllder said bond
and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty, and that this
certificate shall not be valid unless signed by said Principal.
Signed, sealed and dated this 14th day ofJuly, 2003.
Witness:
~,~~.~
( SEAl)
Prjncjpa7
( SEAl)
Phncjpa 7
FIDELTIY AND DEP. OSITCO:MP~?F MARYLAND
~4~
B~: ~
, Attorney-in-Fact
1333
kdt
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ofthe~ S ~tO aryland, by PAUL C.
ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of utboI6~ . y Article VI, Section 2,
of the By-Laws of said Companies, which are set forth on the reverse s' G ~ ere" i led to be in full force
and effect on the date hereof, does hereby nominate, constit ~ p.q YMAN, Gloria
ROSENBERGER, Iva MANNS, Allison PAIG~ ' . ATKINS and AnnMarie
SA TTERFIELD, all of Owings ~~~~ - ~~:~ I a~nt and Attorney-in-Fact, to make, execute,
seal and deliver, for, and o~' ~~~~~~~eM~.l any and all bonds and undertakings and the
execution of such b ~ <> tJ,ert'akln s' ~ ~~~ presents, shall be as binding upon said Companies, as fully
and amply, to all in~, ' ~ad been duly executed and acknowledged by the regularly elected officers
of the Company at it~\i~a re, Md., in their own proper persons. This power of attorney revokes that issued on
behalf of Joy WOO~'sTAilgela HYMAN, Gloria ROSENBERGER, Iva MANNS, Allison PAIGE, Cocheyse EPPS,
Tammy L. WHITE, dated February 14, 2003.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of July, A.D. 2003.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~v~
By:
Assistant Secretary Paul C. Rogers
~
T. E. Smith
Vice President
State of Maryland } ss'
City of Baltimore '
On this 24th day of July, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the iadividuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
vpJ
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
POA-F -OWML
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subsl.-ribed my name and affixed the corporate seals of the said Companies,
this
/~~ d.yof ~
,~
ofd~
Assistant Secretary