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HomeMy WebLinkAboutPW16-292 - Other - Astound Broadband, LLC - Telecommunications Franchise Bond (Replacement) - 01/05/2024 "This bond replaces and supersedes Hartford Fare Insurance Company bond#1 OBSBGZ0669 in its entirety and release Hartford Fire Insurance Company from all past, present and future liability under the bond effective 12/20/2023" FRANCHISE BOND Bond No. US00135284SU24A KNOW ALL MEN BY THESE PRESENTS, THAT Astound Broadband LLC as Principal, and XL Specialty Insurance Company a corporation of the State of Delaware ,having its executive office in Stamford,CT x as Surety,are held and firmly bound unto the City of Kent hereinafter referred as Obligee in the penal sum of Twenty Five Thousand and 00/100 Dollars(S 25,000.00 },for the payment of which.well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents,the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed,or the number of premium that shall be payable or paid, the number of customers to the system and/or legal fees which may be required and incurred. WTiEREAS,the Obligee has granted a franchise to the Principal to use the public streets and places within the Municipality to install_ operate.upgade,repair and remove equipment for the purpose of providing services within said NOW,THEREFORE,the condition of this obligation is such,that if the above bound Principal shall faithfully perform,well and truly observe and fulfill the terms and conditions of the franchise,then this obligation shall be void,otherwise to remain in full force and effect unless cancelled or terminated. PROVIDED,HOWEVER,it shall be a condition precedent to any right of recovery hereunder,that in the event of any default on the part of the Principal,a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at 677 WASHINGTON BLVD., 10TH FLOOR,SUITE 1000,STAMFORD,CT 06902 AND PROVIDED FURTHER that no action,suit or proceeding shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within twelve(12)months after an act of breach or cancellation of this bond or termination of said franchise,whichever occurs first. This bond may be terminated or cancelled by Surety by giving thirty(SO)days prior notice in writing to Principal and said Obligee,such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. IN WITLESS WHEREOF,the said Principal and Surety have signed and sealed this instrument the 5th day of January 2024 Witness: Astoun roadban LLC . �R XL Sp'edialty Insurance Co Natale Arini,Witness to Surety BY:Mich e Anne McMahon AComey-in-Fact DocuSign Envelope ID:7118206E-07EF-4OD6-8B55-DF950484A2D1 Power Attorney THIS IS NOT A BOND NUMBER XL Specialty Insurance Company XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY MAA XL1625658 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505 Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 677 Washington Blvd.,10th Floor,Stamford,CT 06901,do hereby nominate,constitute,and appoint: Kathryn Pryor, Jennifer Godere, Gentry Stewart; Michelle Anne McMahon, Rebecca Joesphson, Sarah Murtha, Connor Wolpert:Jonathan Gleason,Nicholas Miller,Dont-Moji-Richard Hackner,Robyn Salk y each its true and lawful Attorney(s)-in-fad 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 and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed$100,000,000.00, Such bands and undertakings, when duly executed by the aforesaid Attorney (s) - in - Fad shall be binding upon each said Compary as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney is granted and is signed by facsimile under and by ,the authority of the following Resolutions adopted by the Board of Directors of each of the Companies on the 26th day of July 2017. RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute Powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these Presents to be signed by its duly authorized officers this December 1st,2021 a XL SPECIALTY INSURANCE COMPANY N\ "M1pja by: ` t Yar+ Gregory Boal,VICE PRESIDENT STATE OF PENNSYLVANIA Attest: COUNTY OF CHESTER Kevin M.Mirsch, ASSISTANT SECRETARY On this 1st day of December, 2023, before me personally came Gregory Boa] to me known, who, being duly sworn, did depose and say: that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies, and that he executed the said instrument by like order. Cc rmor,w ea,:h of P€+nnsyiva^ds-"+ .ary Sea' S Grace F e . Puhl+C Chester Comn-y My COMMIss>on expires MarCh 5.2026 CO MMiSSiOr*nunn!*r 13228 12 S.Grace Freed-Brown,NOTARY PUBLIC Nit-9tr,pw—syfrsn�a Asso:4.*On e''.r`a •r d SB0042 Page 1 of 2 XL Insurance Reinsurance Commercial Bond - Contact Information All correspondence in conjunction with this bond must be directed to the following address or Email: XL Specialty Insurance Company Surety Administrative Office 677 Washington Blvd 10th Floor Stamford CT,06901 For general inquiries please contact: XL-Surety-General@axaxl.com For claims inquiries please contact:AXAXL-BondClaims@axaxl.com 1 Commercial Bond-Correspondence FRAUD NOTICE Alabama Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof. Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. California For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Colorado It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of WARNING: It is a crime to provide false or misleading information to an insurer for the Columbia purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida 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 of the third degree. Kansas A"fraudulent insurance act"means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of,an application for the issuance of,or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance that such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals,for the purpose of misleading,information concerning any fact material thereto commits a fraudulent insurance act,which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment,fines, or denial of insurance benefits. Maryland Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. PN CW 01 0123 Page 1 of 3 ©2023 X.L.America, Inc. All Rights Reserved. May not be copied without permission. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. New York General: All applications for commercial insurance, other than automobile insurance: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms: Any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act,which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information, or conceals for the purpose of misleading,information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING: Any person who knowingly,and with intent to injure,defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. WARNING:All Workers Compensation Insurance: Any person or entity who makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who employs any device, scheme, or artifice, or who aids and abets any person for the purpose of: 1. obtaining any benefit or payment, 2. increasing any claim for benefit or payment, or 3. obtaining workers' compensation coverage under the Administrative Workers' Compensation Act, shall be guilty of a felony punishable pursuant to Section 1663 of Title 21 of the Oklahoma Statutes. PN CW 01 0123 Page 2 of 3 ©2023 X.L.America, Inc. All Rights Reserved. May not be copied without permission. Pennsylvania Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance: Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and the payment of a fine of up to$15,000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances[be] present,the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are resent, it may be reduced to a minimum of two 2 ears. Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment,fines and denial of insurance benefits. Workers' Compensation: It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers' compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits. Utah Workers' Compensation: Any person who knowingly presents false or fraudulent underwriting information„files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits, or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment,fines and denial of insurance benefits. Washington It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment,fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). PN CW 01 0123 Page 3 of 3 ©2023 X.L.America, Inc. All Rights Reserved. May not be copied without permission. U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning possible impact on your insurance coverage due to the impact of U.S. Trade Sanctions'. Please read this Policyholder Notice carefully. In accordance with the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") regulations, or any other U.S. Trade Sanctions applied by any regulatory body, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law, is a Specially Designated National and Blocked Person ("SDN"), or is owned or controlled by an SDN, this insurance will be considered a blocked or frozen contract. When an insurance policy is considered to be such a blocked or frozen contract, neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. ' "U.S Trade Sanctions" may be promulgated by Executive Order, act of Congress, regulations from the U.S. Departments of State, Treasury, or Commerce, regulations from the State Insurance Departments, etc. PN CW 05 1017 @2017 X.L. America, Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PRIVACY POLICY The XL Catlin insurance group (the "Companies"), believes personal information that we collect about our customers, potential customers, and proposed insureds (referred to collectively in this Privacy Policy as "customers") must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm-Leach-Bliley Act("GLBA"), we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy, the term "personal information" includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws, all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent, cost- effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly, we promise that: 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you; 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting, policy administration, or risk management and only with reputable references and clearinghouse services; 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business; 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information; 5. We will not disclose information about you or your business to any organization outside the XL Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law; 6. We will not disclose medical information about you, your employees, or any claimants under any policy of insurance, unless you provide us with written authorization to do so, or unless the disclosure is for any specific business exception provided in the law; 7. We will attempt, with your help, to keep our records regarding you and your business complete and accurate, and will advise you how and where to access your account information (unless prohibited by law), and will advise you how to correct errors or make changes to that information; and 8. We will audit and assess our operations, personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for (a) determining eligibility for the product or service sought by the customer, (b) administering the product or service obtained, and (c) advising the customer about our products and services. The information we collect generally comes from the following sources: • Submission — During the submission process, you provide us with information about you and your business, such as your name, address, phone number, e-mail address, and other types of personal identification information; • Quotes—We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek; PN CW 02 1015 Page 1 of 3 O 2015 X.L.America, Inc. All Rights Reserved. May not be copied without permission. • Transactions—We will maintain records of all transactions with us, our affiliates, and our third party service providers, including your insurance coverage selections, premiums, billing and payment information, claims history, and other information related to your account; • Claims — If you obtain insurance from us, we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues, some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and comments from many people, including attorneys and experts, to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions, comments and advice, we will not disclose this information to you; and • Credit and Financial Reports — We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost-effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate, we will make reasonable effort to re-verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing/Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality/non-disclosure provision has been signed by us and the third party. Unless a consumer consents, we do not disclose "consumer credit report" type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer's eligibility for credit, insurance or employment. "Consumer credit report type information" means such things as net worth, credit worthiness, lifestyle information (piloting, skydiving, etc.) solvency, etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However, an authorization shall not be prohibited, restricted or required for the disclosure of certain insurance functions, including, but not limited to, claims administration, claims adjustment and management, detection, investigation or reporting of actual or potential fraud, misrepresentation or criminal activity, underwriting, policy placement or issuance, loss control and/or auditing. PN CW 02 1015 Page 2 of 3 ©2015 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 4 Access to Your Information Our employees, employees of our affiliated companies, and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities: • Your independent insurance agent or broker; • An independent claim adjuster or investigator, or an attorney or expert involved in the claim; • Persons or organizations that conduct scientific studies, including actuaries and accountants; • An insurance support organization; • Another insurer if to prevent fraud or to properly underwrite a risk; • A state insurance department or other governmental agency, if required by federal, state or local laws; or • Any persons entitled to receive information as ordered by a summons, court order, search warrant, or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline, up to and including termination. For more information or to address questions regarding this privacy statement, please contact your broker. PN CW 02 1015 Page 3 of 3 ©2015 X.L.America, Inc. All Rights Reserved. May not be copied without permission.