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17-R-41 Attachment Performance BondPerformance Bond Bond No: 401067 BKI'VWX Services of,%U LP dba AlliedWaMe BY THESE PRESENTS, that we Services of San Antonio // Republic Services of San Antonio , the Principal, and Ohio Indemnity Company, 250 East Broad Street, 7th Floor, Columbus OH 43215 the Surety, are held and firmly bound unto the City of Schertz, Texas I the Obligee, in the penal sum of Three Hundred Thousand Dollars and 00/100 Dollars ($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. Collection, Hauling and WHEREAS, the Principal has entered into a certain written Contract for the Disposal of Municipal Solid waste with the above mentioned Obligee, which contract is hereby incorporated herein as if fully rewritten not withstanding, any terms and provisions specifically modified herein shall have the meaning given in this bond. 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. This bond is for the term beginning July 1, 2017 and ending December 31, 2018 2. If there is no breach or default on the part of the Obligee, then the Surety's performance obligation under the bond shall only arise after: a. The Obligee has notified the Principal and the Surety in writing at their respective addresses of the alleged breach with a detailed description thereof, 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 the 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, to subsequently declare a Principal default; b. The Obligee 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. No claim, action, suit or proceeding, except as herein set forth, shall be had or maintained against the Surety pursuant to this bond unless same be brought or instituted and process served upon the Surety within six months after the completion of the contract. 4. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate executed by the Surety. 5. 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. 6. In no event shall the liability of the Surety hereunder exceed the penal sum hereof. Signed, sealed and executed this 27th BFI Waste Services of Texas, LP dba Allied Waste Services of San Antonio // Republic Services of San Antonio Principal day of June, 2017 By :�/ Debbie Lindstrom 'Attorney -in -Fact Title (Corporate Seal) j?y4ajjd. /� i j ,i • •_ • Ohio Indemnity Company S u rety Timothy S. duhite Attorney -In- -Fact (Corporate Seal) C Witness: Stroh POWER OF ATTORNEY Republic Services, Inc., a Delaware corporation having its principal place of business at 18500 N. Allied Way, Phoenix, Arizona 85054, hereby makes, constitutes and appoints WELLS FARGO INSURANCE SERVICES USA, INC., acting through and by any one of Debbie Lindstrom, John Drummey, Jr., Timothy S. Buhite, Kathleen M. Mitchell, Scott C. Alderman, Peggy A. Firth, Simone Rae Frederick, or Brandi Heinbaugh, its true and lawful attorney to sign and seal any and all surety bonds, bid bonds, performance bonds and payment bonds at or below the monetary threshold of Five Million Dollars ($5,000,000.00) on behalf of REPUBLIC SERVICES, INC. and its subsidiaries, relating to the provision of solid waste collection, transportation, transfer, recycling, disposal and/or energy services by REPUBLIC SERVICES, INC. and its subsidiaries and affix its corporate seal to and deliver for and on behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds, bid bonds, performance bonds and payment bonds to the United States of America or agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; license and permit bonds or other indemnity bonds under the laws, ordinances or 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, bid bonds performance bonds and payment bonds on behalf of REPUBLIC SERVICES, INC. and its subsidiaries in connection with bids, proposals or contracts. REPUBLIC SERVICES, INC. hereby agrees to ratify and confirm whatsoever WELLS FARGO INSURANCE SERVICES USA, INC. shall lawfully do pursuant to this power of attorney, and until notice or revocation has been given by REPUBLIC SERVICES, INC., the acts of said attorney shall be binding on the undersigned. IN WITNESS WHEREOF, this Power of Attorney has been signed this, 9 day of , 2017 on behalf of REPUBLIC SERVICES, INC. by its Assistant Secretary Eileen B. Schuler. REPUBLIC SERVICES, INC., a Delaware Corporatio n B. Scb STATE OF ARIZONA COUNTY OF MARICOPA Subscribed and sworn to before me this day of PNgr"9 t 12017 by Eileen B. Schuler, Assistant Secretary. OFFICIAL 8EAL MATTHEW NORDOUIST Notary Public - Arizona MARICOPA COUNTY My Commission Expires M"31,2019 /--�zzz N ary Public OHIO INDEMNITY COMPANY COLUMBUS, OHIO POWER OF ATTORNEY POWER NO, 401067 KNOW ALL MEN BY THESE PRESENTS, that Ohio Indemnity Company, a corporation organized and existing under the laws of the State of Ohio with its principal office at 250 East Broad Street, 7t" Floor, Columbus Ohio 43215, by and through the undersigned, its President, does hereby nominate, constitute and appoint: Timothy S. Buhite as its true and lawful Attorneys -in -Fact to make, execute, attest, seal, acknowledge 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 Five Million Dollars ($5,000,000). IN WITNESS WHEREOF, the Ohio Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 21st day of April, 2016. OHIO INDEMNITY COMPANY �+ BY: s �C... +d 4rF John S. Sokol, President =0 SEAL Notary Public) �r�l� Stephen J. oth, Vice President State of Ohio) SS: On this 21st day of April, 2016, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came John S. Sokol and Stephen J. Toth of the Ohio 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. 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) SS: SHERRY E, BIXLER ' NftYNft state ofOhb �Y t. INpt{"K wyc=m BY: wcommm NtwIREti Sherry E. BixierpNotary Public 014640 My Commissio xpires 01/06/2020 I, the undersigned, Secretary of the Ohio Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force. Signed and sealed in Columbus, Ohio this 27th day of June, 2017 �a4+��if�'C��� �i 9 �oRaOr Q SEAL ,' UNI- POA -VS BY: A-f- &22:= atthew C. Nolan, Secretary