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PERFORMANCE BOND N kC · C J · etwor Omputlng orporatlon Ms. Laura Gail Chase D.l.S. Manager City of Clearwater P. O. Box 4748 Clearwater, FL 34618-4748 Dear Laura: t June 25, 1990 Enclosed are two (2) complete sets of NCC/Clearwater contracts, with the performance bond, for execution by the City. Both sets of contracts have been executed by NCC. Please have both sets signed, keep the original and forward the second back to my attention with a check for $93,812.25, as per Exhibit "C". I have enclosed a return Federal Expxess envelope to expedite the processi Please note, I have added a cover page for Exhibit "G": Vendor (NCC) Performance Bond, consistent with our conference call with Miles Lance. Laura, thank you for your continued support and assistance. Everyone at NCC is excited about welcoming you and the City to the NCC family of users. My best personal regards. Good luck with the project. GMM/dp Enclosure :1 .' . "C-,e.. !jJ) ,/c . ~tf-e, _ ,It I 'v, ,'I ~ (T~?( IV? CE> Very truly yours, 6tJ-j 56-- 0 <:;) (5) ~ CHUBBIGROUP OF INSURANCf COMPANIES CHUBB 15 Mountain View Road. Po, Box 1615, Warren. New Jersey 07061-1615 FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No. 8300-81-56 Amount $ 50,000.00 Know All Men By These Presents, That we, NETWORK COMPUTING CORPORATION 5301 Seventy-Seven Center Drive Charlotte, North Carolina 28217 (hereinaftet called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF CLEARWATER, FLORIDA Clc:arwat~r~ Florida (hereinafter called the Obligee), in the sum of Fif ty t hCru#;and and no /100------------------_____________________________ -----~-~----.--.---------'-------------------------------------------------------- Dollars ($ 50,000. 00 ~ ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 11th day of June 19 90 . WHEREAS, the Principal entered into a certain Contract with the Obligee, dated June 11 ror supply of hardware and software for the City of Clearwater, Florida ,1990 , in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Con- tract specified, or 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 so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: Form 15-02-0001 (Rev. 9-88) (over) PRINTED P-93016 (5M) U.~A~ I I "". Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. CO/~ fiTERS lG NED BYtLl2..:~~_.~ L........,.. a.;;,. . FLORIDA Rt~~~~'~" By; ~ v: /t::l~; FEDER 1_ _ UR~bJMPA~Y/ .. By; ~ lff~n~ RATION Principal Patricia Thurmond, Attorney~tn-F~t "... . ___....t~ I POWER OF ATTORNEY I Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren. New Jersey. a New Jersey Corpora- tion. has constituted and appointed. and does hereby constitute and appoint Douglas A. Stough, Timothy J. Szerlong, Margaret Magee, Patricia Thurmond, Geoffrey E. Heekin, James Cuthbertson and Steven B. Cade of Chicago, lllinois-----------------------------------------------------------------------------------------. each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise. bonds or obligations given or executed in the course of its business. and any instruments amending or altering the same, and con- sents to the modification or alteration of any instruments referred to in said bonds or obligations. In Whn_ Whereof. the said FEDERAL INSURANCE COMPANY has, pursuant to Its By-Laws. caused ~ ~ to be signed by Its Vice President and Assistant Secretary and ~s corporete seal to be hereto affixed this 24 t h day 01 0 C to be r 19 89 Corporate Seal .. STATE OF NEW JERSEY County of Somerset } ss. On this 24 th day 01 Oc tober 19 89 ,before me personally came Richard 0, O'Connor to me known and by me known to be Assistant Secretary 01 the FEDERAL IN- SURANCE COMPANY. the corporation described In and which executed the foregoing Power 01 Attorney. and the said Richard 0, O'Connor being by me dU'y sworn. did depose end say that he is Assistant Secrstary 01 the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof: that the seal affixed to the foregoing Power of Attorney is such corporate sea' and was thereto affixed by authority 01 the By-Laws of said Company, and that he signed said Power 01 Attomey as Assistant Sectetary of said Company by like authority: and thet he is acquainted with James 0, Dixon and knows him to be the Vice President of said Company. and that the signature of said James 0, Dixon subscribed to said PcMer of Attomey is in the genuine handwriting of said James 0, Dixon and was thereto subScribed by authority 01 said By-Laws , and in deponent's presence, ~. CERTIFICATION Acknowtedged and Sworn to belore me L J' JJ on. the date above written, ~.p~ ALlCE LEONARD. Notary Public NOTARY PUBLIC OF NEW JERSEY. My Commission Expires July 12, 1993 STATE OF NEW JERSEY County of Somerset } ss. I. the undersigned. AssIstant Secretary 01 the FEDERAL INSURANCE COMPANY. do hereby c:ertIly that the following is a \Ju8 excerpt from the By-Laws of the said Company as adopted by Its Board 01 Directors on MaIch 11, 1953 and most recently amended March 5.1986 and that this By-Law is in fuR force and ellect "ARTICLE XVIII, Section 2, All bonds. undertakings, contracts and other instruments other than as above lor and on behall of the Company which h is authorized by law or Its charter to execute, may and shall be executed in the name and on behall of the Company ehher by the Chairman or the Vice Cheirman or the President or a Vice President. jointly whh the Secretary or an Assistant Secretary. under their respective designations. except that anyone or more officlIrs or attorneys-in-fact dasignatad in any resolution of the Board 01 DirectOl8 or the Executive Committee. or In any power 01 attorney executed as provided lor in Section 3 below. may executa any such bond. undertaking or other obllgation as provided in auc:h resolution or power of _mey, SactIon 3, AI, powers of attorney lor and on behall of the Company may and shell be execul8d in the....... and on behaII 01 the Company. aIther by the Chairman or the Vice Chairman or the President or a VICe President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respec:lMl dlleignations, The 8IgnaIure 01 SUCh oflicers may be engraved. printad or lithographed, The signature of each of the following officers: Chairman. Vice Chairman. President. any Vice President. any As8istant Vice PresidenI. any Sectetary. any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing As8istant Sac:ret8riee or ~acllor putp08lIII only 01 exllCUting and ~ bonds and undertakings and oIher writings obligatory in the nature thereof. and any such power of attorney or cenificate bearing such lecaImIle signature or IacaImIle seal shell be valid and binding upon the Company and any such power 80 executed and cenilled by such lacsimile signature and lacsimlle seal shaI, be valid and b'nding upon the Company with respect to any bond or undertaking to which h Ia attachees''' I further cartiIy tIIal said FEDERAL INSURANCE COMPANY is duly liceMed to _1ideIIty and surety busi_ln each of the States 01 the United States of America. District of Columbia. Pueno Rico. and each 01 the Provinces of CaMda with the exception of Prince Edward Island: and is also duly liceIwed to becomlI sole IUrety on bonds. undertakings. etc,. permitted or required by law, i. the undllr8igned Assistant Sectetary of FEDERAL INSURANCE COMPANY, do hereby certlly that the foregoing Power of Attorney is in lulllorce and effect, Givan under my hand and the seal of said Company at Warren. N.J" this 11th ~dZr.i+ 90 PRINTED U~A '. _.-~... 1 I ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF ILLINOIS COUNTY OF COOK On this 11th day of } 55.: June 19 90 . before me personally came Patricia Thurmond o u-who;'Obeing-l:>y me duly sWd'rn, did depose and say that he is an Attorney-in-Fact of the FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he signed said In- strument as an Attorney-in-Fact of said Company by like authority. My Commission Expires Acknowledged and Sworn to before me on the date above written -------:OFFi0A!~~'-----\ MARGARET MAGEE \ \ Notary Public. State of liliflois \ My Comm:ssion EXP!i{lS 9/14/91 \ ~.....,..._----~ .....,-.....",.~------._----- ~..{r;I- ~~\ (Notary Public) Form 21-1Q-103(Rev, 5-82) I'flt\~NTE'O U,S. ,..