Letter 10/05/2000
October 5, 2000
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Mr. Matthew Schwartz
Assistant City Manager
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
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RE: PERFORMANCE BOND
"COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD
TRASH, BULK WASTE, AND OPERATION OF THE CITY'S SOLID WASTE
MANAGEMENT FACILITY".
Dear Mr. Schwartz:
Enclosed please find our Performance Bond as required by the above named
contract.
Should you have any questions, please feel free to call me at 305-638-3800
extension 21 7.
Sincerely,
~'>>r.~-
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Jeanmarie M. Massa, Manager
Marketing/Governmental Service
Enclosure (1)
3840 Northwe't 37th Court. Miami, Florida 33142
Phone 305-638-3800 . Fax 305-634-4272
www.bfi.com
3ll"tf'oot-C<loIs........@l
CtYA SurelV
,
PERFORMANCE BOND
Bond No.929170196
KNOW ALL MEN BY THESE PRESENTS: That we, BFI Waste Systems of North America, Inc.
3840 NW 37th Court
Miami
FL
33142
as Principal, and the National Fire Insurance Company of Hartford , a
CT corporation, as Surety, subject to the Conditions, Limitations and Exclusions of this Performance
Bond, are fmnly bound unto City of Miami Beach
1700 Convention Center Drive Miami Beach FL 33139, hereinafter referred to as the Obligee,
for such monetary amount as incurred by the Obligee, not to exceed the penal swn of
Five Hundred Eightv Seven Thousand Dollars ($587000.00 ),
as may be required to remedy any contractual default by the Principal in the performance of that certain written contract
between Principal and Obligee dated for Residential Solid Waste Collection
hereinafter referred to as the Contract; for the payment hereof, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally.
CONDmONS
The obligation of this Performance Bond shall be null and void unless: (I) the above Contract is in writing,and has been
fully executed by both the Principal and the Obligee; (2) the Principal is actually in default under the above Contract,
and is declared by the Obligee thereafter to be in default; (3) the Obligee has performed all of the obligations of the
Obligee under the above Contract; and (4) the Obligee has provided written notice of the default to the Surety as
promptly as possible, and in any event, within ten (10) days after such default
LIMITA TrONS AND EXCLUSIONS
The Surety, as the sole election and discretion of the Surety, may take any of the following actions:
(1) With notice to the Obligee, provide fmaneial assistance to the Principal to
remedy any contractual default by the Principal; or,
(2) Undertake the completion of the above Contract by the Surety, through
its agents Or through independent contractors; or,
(3) Determine the amount for which the Surety may be liable to the Obligee,
and as soon as a practicable thereafter, tender payment thereof to the
Obligee; or,
(4) Pay the full amount of the above penal sum in complete discharge and
exoneration of this Performance Bond, and of all liabilities of the Surety
relating thereto.
If the Surety so elects to act, all payments and expenditures by the Surety shall be applied against the above penal swn
and in reduction of the limit ofliability of the Surety.
Performance Bond
- 2-
The obligation of this Performance Bond Shall not include liability for loss, cost, damage, fines, penalties or expense
(including attorney's fees) from personal injury (including death), or from property damage (including environmental
impairment or cleanup), or from any criminal or tortious act arising out of the performance, default or completion of the
above Contract, nor shall the Surety obligated to provide or maintain any policy or undertaking of liability insurance
This bond is for a one year term beginning October 18, 2000 . In the event of default by the Principal in
the performance of the contract during the term of this bond, the Surety shall be liable ouly for the direct loss to the
Obligee due to actual excess costs of performance of the contract up to the termination of this term of this bond. No suit
shall be brought on this bond after one year following its termination. Neither non-renewal by the Surety, nor failure or
inability of the Principal to file a replacement bond, shall constitute loss of the Obligee recoverable under this bond.
The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the
Surety.
The Obligation of this Performance bond inures solely to the benefit of the obligee. No right of action shall accrue
under this Performance Bond to or for the use of any person, flIIIl, corporation, public or private entity other than the
obligee. In the event that the Obligee is comprised of more than one person, flIIIl corporation, public or private entity,
the conditions, limitations and exclusions of this Performance Bond shall apply jointly and severally to each and all
constituents of the Obligee, and the aggregate liability of the Surety to the Obligee shall in no event exceed the above
penal sum.
The consent of the Surety shall be required with regard to any changes or alterations in the above Contract including,
but not limited to, where the cost thereof, added to prior changes or alterations, causes the aggregate cost of all changes
and alterations to exceed 10 percent of the original contract price, or where the completion thereofis extended by more
than 90 days.
No right of action shall accrue under this Performance bond unless demand is brought by suit, action or other legal
proceeding commended against the Surety within one year after the day that the Principal last performed labor or
supplied material for the above Contract. Any and all claims and causes of action (including warranty requirement or
the remedy oflatent defects) not so commended shall be deemed extinguished and forever barred from action under this
Performance Bond.
In the event of conflict or inconsistency between the provisions of this Performance Bond and the provisions of the
above Contract, the provisions of this Performance Bond shall control, or the obligation of the surety be deemed null
and void to the extent of any enlargement or augmentation to the liabilities of the Surety prescribed by this Performance
Bond.
SFI Waste Si'slems of North America, Inc.
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Hleresa Sr.:::w Power of Attorney
Principal
National Fire Insurance Company of Hartford
By 6rtJu~J (}tJ~JAJld
Esther C. Jimenez
Attorney-in-fact
1411 Opus Place
Downers Grove, Il 60515
NOTARIAL ACKNOWLEDGEMENT
STATE OF ILLINOIS
COUNTY OF DUPAGE
On this 18th day of October, 2000, before me, a Notary Public of the
State and County aforesaid, residing therein, duly commissioned and
sworn, personally came Theresa Snow, to me known, who being by me
duly sworn accordingly to law, did depose and say that she resides in
Illinois; that she is an Attorney-in-Fact for Allied Waste Industries, Inc.
and its subsidiaries, and that she executed and delivered such
instrument on behalf of said corporation as its voluntary act and deed
for the uses and purposes therein mentioned.
My Commission Expires:
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"OFFICIAL s~
BECKY L 8A~N ~
Notary Public, St2tte of I!Jinois),
My Commission Ex;:::kes 0612~Jf"J2>
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NOTARIAL ACKNOWLEDGEMENT
State of Illinois
County of DuPage
On this 18th day of October, 2000, before me, a Notary Public of the State and
County aforesaid, residing therein, duly commissioned and sworn, personally came
Esther C. Jimenez, to me known, who being by me duly sworn according to law, did
depose and say that she resides in Illinois: that she is an Attorney-in-Fact of the
National Fire Insurance Company of Hartford, a corporation described in and which
executed the foregoing instrument: that she knows the seal of said corporation: that it
was so affixed by order of The Board of Directors of said corporation and that she
signed this name thereto by like order: that she executed and delivered such
instrument on behalf of said corporation as its voluntary act and deed for the uses and
purposes therein mentioned.
My Commission Expires:
"OFfiCIAL SEAL" {>
~ SECKY L. RARDIN f
Notary Public, State of Illinois
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ALLIED WASTE
I N D U 5 T R IE 5, INC.
POWER OF ATTORNEY
.
Allied Waste Industries, Inc., incorporated under the laws of the State of Delaware, and having its chief
place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scottsdale, Arizona, 85260, hereby
makes, constitutes and appoints Weible, Cahill & Company, LLC, acting through and by William P.
Weible or William F. Cahill, Becky Rardin, Theresa Snow or Molly Moran, its true and lawful attorney
and affix its corporate seal to and deliver for an on behalf as surety thereon or otherwise, bonds of any of
the following classes, to wit:
I. Surety bonds and/or bid bonds to the United States of America or agency thereof, including those
required or pennitted under the laws or regulations relating to Customs or Internal Revenue;
license and permit bonds or other indemnity bonds under the laws, ordinances of regulations of
any state, city, town, village, board, other body organization, public or private; bonds to
transportation companies; lost instrument bonds; lease bonds, worker's compensation bonds;
miscellaneous surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and
similar public officials.
2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries,
included, but not limited to, Allied Services, LLC, Allied Waste Systems, Inc., Allied Waste
Transportation, Inc., American Disposal Services of Missouri, Inc., and BFl Waste Systems of
North America, Inc., in connection with bonds, proposals, or contracts.
To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its
subsidiaries, relating to the provision of solid waste collection, transportation, recycling, or disposal
services by Allied Waste Industries, Inc. and its subsidiaries. Allied Waste Industries, Inc. hereby agrees
to ratify and confinn whatsoever Weible, Cahill & Company, LLC shall lawfully do pursuant to this
power of attorney and the procedural guidelines set forth to Weible, Cahill & Company, LLC, and until
notice or revocation has been given by Allied Waste Industries, Inc. the acts of the said attorney shall be
binding on the undersigned.
IN WITNESS WHEREOF this POWER OF ATTORNEY has been signed this 17th day of July, 2000,
on behalf of Allied Waste Industries, Inc. by its Vice President, Legal, . Seven M. Helm.
Slate of Arizona
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) ss.
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County of Maricopa
Sub&cribed and sworn before me this 17th <!ay of July, 2000, by Steven M. Helm.
e .wan'LWEIMS
Notary PuIlIIo . Arizona
. MARICOPA COUNTY
. .... My Commlsslcn Ex-::!res
. !<'I JA~JU,'\RY 14, ~':::3
15880 N. Greenway-Hayden loop. Ste 100/ Scottsdale. AZ 85260 /480.627.2715/480.627.2704 FAX
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-iN-FACT
Know All Men By These Presents. That CONTINENTAL CASUALTY COMPANY. an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD. a Connecticut corporation. AMERICAN CASUALTY COMPANY OF READING.
PENNSYLVANIA. a Pennsylvania corporation (herein collectively called "the eee Surety Companies"). are duly organized and existing
corporations having their principal offices in the City of Chicago. and State of Illinois. and that they do by virtue of the signature and seals
herein affixed hereby make. constitute and appoint
William P. Weible, Molly M. Moran, Lori A. Noggle. William Cahill. Kimberly Sawicki. Deborah Buss, Esther C. Jimenez.
Becky L. Rardin, Theresa A. Snow. Individually
of West Chicago. Illinois J J
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign. seal and execute for and on their behalf
bonds. undertakings and other obligatory instruments of similar nature
. In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted. as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 24th day of August 2000
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
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Michael Gengler
Group Vice President
State of Illinois. County of Cook, ss:
On this 24th day of August ~, before me personally came
Michael Gengler, to me known. who, being by me duly swom. did depose and say: that he resides in the City of Chicago. State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUAL TV COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD.
and AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations: that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority.
and acknowledges same to be the act and deed of said corporations.
...........................:
: -OFFICIAL SEAL-. ~ \::
: DIANE FAUU<NER : .
: NoWY I'\Ma, ... of IlIInole : ~ . - (),
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My Commission Expires September 17. 2001 Diane Faulkner Notary Public
(Rev.10/1/97)
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Mary A. Ribikawskis
Assistant Secretary