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10-126 Public Official Bond, Kimberly Smith I ca December 21, 2010 City of Cupertino 10300 Torre Avenue Cupertino, CA 95123 Line of Coverage: Public Official Bond # 105539571 for Kim Marie Smith Effective Date: 12/03/2010 Alliant embraces a policy of transparency with respect to its compensation from insurance transactions and a policy of disclosure as to the insurance carriers with which Alliant does business. Alliant customarily receives a commission paid by the insurance carrier as a percentage of the annual premium. Alliant or its affiliates may also receive compensation for additional services provided to the carrier or to you in connection with your insurance placement. To the extent such insurance carrier compensation exists, it is included in the cost of the insurance offering. Your invoice will include a fee for any additional services provided to you by Alliant or its affiliates. As a result of this placement, Alliant may also receive a supplemental commission from the carrier as part of a portfolio -based supplemental agreement that the carrier offers to its select, preferred agents or brokers among which Alliant is included. Eligibility for, and the amount of such supplemental compensation, are based upon the amount and quality of business that Alliant has placed or places with the insurer. Please note that, should you so desire, you may request in writing within 90 days after Alliant's delivery of this disclosure to have the premiums associated with your placement excluded from calculations under any supplemental commission agreement that might exist between Alliant and any insurance carrier. Should you elect to do so, any proceeds already received during the calendar year in question will be returned to the carrier. Such a request shall remain in force for successive periods unless revoked by you. A request to be excluded should be mailed to the address below. Upon written request made to the address below, Alliant will provide you with the quotes and indications sought and received by Alliarit in connection with your insurance placement, and with the terms, including any contractual agreement with any of the prospective insurers, of all compensation to be received by Alliant. For additional information, or to request that your premiums be opted out of any calculation of supplemental compensation, please send a written request to: Alliant Insurance Services, Inc. 701 B. Street, 6th Floor San Diego, California 92101 -8156 Attention: General Counsel 2010.12.03 Cupertino, City of PO Bond# 105539571 U30Comm[ 1 ] PUBLIC OFFICIAL BOND Travelers Casualty and Surety Company of America (Continuous for Indefinite Term) Bond No.105539571 KNOW ALL MEN BY THESE PRESENTS, That we Kim Marie Smith of1421 Millich Court,SAN JOSE, CA 95117 as Principal, and Travelers Casualty and Surety Company of America , a corporation duly incorporated under the laws of the State of CT , as Surety, are held and firmly bound unto City of Cupertino as Obligee, in the penal sum of Fifty Thousand ( $50,000.00 ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said principal binds himself/herself, his/her heirs, executors, administrators and assigns, and said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents the liability of the Surety, however, being limited to the penal amount above named regardless of the number of years this bond remains in force or the number of premiums paid. WHEREAS, the said Principal has been Appointed to the office of City Clerk for an indefinite term beginning December 03, 2010 , and s required to furnish a bond for the faithful performance of the duties of the said office or position. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except as hereinafter provided) faithfully perform the duties of his/her said office or position during the time this bond remains in force, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said time without fraud or delay, and at the expiration of said time, shall turn over to his/her successor all records and property which have therefore come into his/her hands, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that any party to this instrument may cancel the same at any time, with or without cause, by notifying both of the others by certified mail of an intention thereby to cancel, in which event such cancellation shall be fully effective at the expiration of thirty (30) days from the mailing of such notice. In the absence of such a notice, and if there should be no cancellation by agreement between all of the parties hereto, the bond shall remain continuously in force and effect, in the penal amount above named, as long as the principal holds the said office or position. SEALED and dated this December 17, 2010 . Witness By: Kim Marie Smith, Principal Travelers and Surety Company of America By: Kelly Ziemann, Attrn -r -Fact S -2233 (06 -08) ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220721 Certificate No. 003339051 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Steve Sullivan, David A. Allsop, Diane L. O'Shea, Rick Fakiri, Kiren Pegany, Andre I. Buford, Brian Kavanagh, Kelly Ziemann, and Noel Rodgers of the City of WalnutCreek , State of C2'1}fernaa , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of November , 2009 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 11th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pASUq� TYU(pi. �F1REp4� *N NSG j .........N,yTY AHO �SURG 1Y d,,I_ t1 TL �oaxnar� J 'y O.: •.........9 JP . 9 gJ S ,�1�... tel• �p� "W ` 6 n • C�FORATED at f.a m:cow in% At'•nf � 1 9 8 2 O � 1977 �^ '"� �'; ^• "^) ' E S —._ fw HARTFORD, t S HAFiTFDRD, �S a ����� Z �+�' = ~O� 1951 �' � � Jt• S E `" i �' � ° t CONN. n t CON R u, 1896 5Oi 4, �. �•. ALios •o•.STAL;.ts o \ bey FNa i� � �'%2sb e c°d7•........ •=L'�I � v!••..., .� `•da 'Oai �� �''0,,(� l• �n:��„R"re 1sM AHS,,• A..rs ..... *� ei �a� r �� N� A��t" .,,,,,, • wwesA` State of Connecticut City of Hartford ss. By: Georg Thompson, emor ice President On this the 11th day of November 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011.«G '19VECC'�'$ 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, 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 Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 ho. Kori M. JohansJuJAssistant Secretary a �N MS � INSU, goo F�yTYAypGI,SIIq��Q,�,p}"QTY�D� �1`�°no°.°gr GyEJY���O �lV t � ryN%�41FDf. 3 b^ c�o IHCONPORATED��!� 1� 19 8 2 0� 19%7 � �< 1896 �Z 7 of■ sr 1951 4�'•SEAEALJS1.Nbry � tiNii �� daa '� 1�J AfNd{`- To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On 1 Z I 11 )JD before me, Diane O'Shea, Notary Public, personally appeared Kelly Ziemann, Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are. subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:L� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer- Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorne rn fact aroht Right bPrirn y ' oftener ❑ Attorney in fact orsigner ❑Trustee ❑Trustee ['Guardian or Conservator ['Guardian or Conservator ❑Other: ❑Other: Signer is Representing: Signer is Representing: TRAVELERS Arm. December 17, 2010 Kim Marie Smith 1421 Millich Court SAN JOSE, CA 95117 Re: Important Information about Claims Information Line Dear Kim Marie Smith Travelers Bond and Financial Products is pleased to announce its 1- 800 - 842 -8496 Claims Information Line. This line is designed to provide insureds with an additional resource on how to report claims or those circumstances or events which may become claims. Policyholders will be able to obtain assistance on the following topics from the Claims Information Line: •The information that needs to be included with the claim notice •The address, electronic mail address and /or facsimile number to which the policyholder can send claims related information • Get questions on the claim process answered The Declarations Page of your policy sets forti where you should report claims and claims related information. You should also review the policy's reporting requirements to be aware of how much time you have to report a claim to Travelers. The sooner Travelers is notified, the sooner we can become involved in the process and offer assistance to our policyholder. A delay in reporting may result in all or part of a matter to fall outside of the coverage provided. The Claims Information Line should streamline the claim reporting process and allow policyholders to ask questions on what information is needed as well as other questions which will assist them in working with Travelers. While the Claims Information Line provides policyholders a valuable resource by answer questions and providing information, the line does not replace the reporting requirements contained in the Policy. We hope this improvement to customer service is something our policyholders will find helps them understand the claim process and provides them a resource for reporting. Best regards, Kelly Ziemann LTR -4035 Ed. 06 -09 Printed in U.S.A. Page 1 of 1 ©2009 The Travelers Companies, Inc. All Rights Reserved TRAVELERS IMPORTANT NOTICE REGARDING COMPENSATION DISCLOSURE For information about how Travelers compensates independeit agents, brokers, or other insurance producers, please visit this website: www.travelers.com /w3c /legal /Producer Compensation_Disclosure.html If you prefer, you can call the following toll -free number: 1- 866 - 904 -8348. Or you can write to us at Travelers, Enterprise Development, One Tower Square, Hartford, CT 06183. ILT -1037 Ed. 01 -09 Printed in U.S.A. - Page 1 of 1 ©2009 The Travelers Companies, Inc. All Rights Reserved