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O-2013-05 CITY OF CLERMONT ORDINANCE No. 2013-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, GRANTING A GARBAGE COLLECTION FRANCHISE TO RUSSO AND SONS, INC., PROVIDING FOR THE TERM OF THE FRANCHISE, AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Lake County, Florida as follows: SECTION 1. The City, acting by and through its City Council, hereby grants unto Russo and Sons, Inc., its successors and assigns, a non-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. SECTION 2. The rights granted herein shall specifically not include: 1. the collection and disposal of all residential refuse; 2. the collection and disposal of all commercial refuse generated by establishments which: (a) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (b) require service two or less times per week. SECTION 3. The City hereby grants a non-exclusive franchise to Russo and Sons, Inc. and Russo and Sons, Inc. will agree to collect and dispose of commercial refuse other than that described in Section 2 of this Ordinance under the conditions set forth in this Ordinance and in the Franchise Agreement attached hereto and incorporated herein as Exhibit"A". 1 CITY OF CLERMONT ORDINANCE No. 2013-05 SECTION 4. Russo and Sons, Inc. shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Russo and Sons Inc. shall covenant to hold harmless and indemnify and indemnify the City for any and all damages, including attorney fees, arising out of directly or indirectly and/or by virtue of any claim, whether actual or threatened, of whatsoever nature resulting from the activities of Russo and Sons, Inc., its agents, servants or employees, within or without the city limits. Russo and Sons, Inc. will, within five (5) days from the adoption of this Ordinance, cause to be written a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by Russo and Sons, Inc., its servants, agents, and employees, of the services required under this Ordinance and the Franchise hereby granted, which said policy shall be written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less than$100,000 for damages to property per occurrence. SECTION 5. Russo and Sons, Inc. shall post with the City a surety bond or letter of credit in the amount of$100,000 guaranteeing the faithful performance by it of all of its obligations and covenants under said Contract. SECTION 6. This Franchise and the Contract between the City and Russo and Sons, Inc. shall be in full force and effect until April 9, 2014, commencing immediately; and this Franchise and Contract shall thereafter be automatically renewed from year to year unless terminated by either party upon not less than sixty(60) days written notice. SECTION 7. Russo and Sons, Inc. shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. SECTION 8. This Ordinance and the Franchise granted thereby are applicable to all lands lying within the corporate limits of the City and shall be applicable with equal force to any additional lands hereinafter included within the corporate limits of the City, and no such addition of lands or to be excluded from the corporate limits as the same presently exist, shall invalidate this Ordinance or the Franchise granted hereunder, or constitute a basis for any adjustment to or claim under any contract which may be executed under the authority of this Ordinance. 2 CITY OF CLERMONT ORDINANCE No. 2013-05 SECTION 9. All ordinances and/or parts of ordinances which are in conflict with this Ordinance are hereby repealed and same shall be of no further force and effect. SECTION 10. This Ordinance shall be published as provided by law, and it shall become law and take effect upon its second reading and Final passage. 3 CITY OF CLERMONT ORDINANCE No. 2013-05 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 9th day of April, 2013. CITY OF CLERMONT arold S. Turville, Jr., Mayor ATTEST: tjA14,4°(di Tracy Ackroyd, City Clerk Approved as to form and legality Y 4 CITY OF CLERMONT ORDINANCE No. 2013-05 EXHIBIT "A" CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 9th day of April, 2013,by and between the City of Clermont, Florida ("City"), and Russo and Sons, Inc., whose address is 450 Enterprise Street, Ocoee, FL 34761 ("Grantee"). RECITALS: WHEREAS, City as a municipal corporation of the State of Florida has the authority and right to regulate the use of public right-of-way and related facilities in conjunction with the commercial activity of the collection and disposal of commercial waste; and WHEREAS, Grantee has requested the City grant to it a non-exclusive franchise right to operate within the incorporated municipal limits of the City of Clermont; and NOW THEREFORE the parties do hereby agree as follows: SECTION 1 Definitions. Definitions of terms used in this Ordinance: (A) "Refuse" includes all garbage and other trash generated by citizens of the City and businesses within the City. (B) "Residential Refuse"is that refuse generated by residents of the City. (C) "Commercial Refuse" is that refuse generated by commercial and industrial establishments presently operating in the City and any such establishment which may begin operative during the term of the Contract contemplated herein. Multi-family residential may be considered commercial use. SECTION 2 Grant of Franchise. Pursuant to City of Clermont Ordinance No. 2013-05, the City hereby grants to Grantee, and the Grantee hereby accepts, a non-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. 5 CITY OF CLERMONT ORDINANCE No. 2013-05 • SECTION 3 Incorporation of the Ordinance. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No. 2013-05 as passed on April 9, 2013, hereinafter"the Ordinance". Grantee agrees to comply with all provisions of the Ordinance, as amended from time to time by the City in the lawful exercise of its Police Powers. SECTION 4 Compliance with other Federal, State, and Local requirements. The Grantee agrees to comply with all applicable federal and state laws, rules and regulations. Failure on the part of the Grantee to comply with material requirements of this Agreement, the Ordinance or/and any other local, state or federal law, ordinance, or rule or regulation relating to the collection and disposal of solid waste will result in the cancellation of this Franchise. SECTION 5 Insurance, Indemnification, Hold Harmless and Duty to Defend. (a) Grantee shall, within five (5) days from the adoption of this Ordinance, cause to be written a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by Grantee, its servants, agents, and employees, of the services required under this Ordinance and the Franchise hereby granted, which said policy shall be written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less than $100,000 for damages to property per occurrence. In the event that said policy is ever canceled or terminated, Grantee shall notify City immediately with the name and proof of the replacement insurance carrier and policy. (b) Grantee does hereby agree to indemnify, hold harmless and defend City from any and all causes of actions or claims of any kind for damages of any kind, including attorney fees, whether actual or threatened, and related in any matter, directly or indirectly to the Grantee's exercise of any rights granted hereunder, either within or without the City limits. (c) Nothing herein shall be construed or act as a waiver of any sovereign immunity the City may enjoy in accordance with applicable law, the protection of which the City expressly reserves. 6 CITY OF CLERMONT ORDINANCE No. 2013-05 SECTION 6 Limitation of Grant of Franchise. The non-exclusive franchise right granted herein is limited by the Ordinance and shall specifically not include the following to the following: (a) the collection and disposal of all residential refuse; (b) the collection and disposal of all commercial refuse generated by establishments which: (1) utilize twelve (12) or less refuse cans per pick up each, with a capacity not exceeding thirty(30) gallons and/or (2) require service two or less times per week SECTION 7 Service Requirements. Any and all services to be provided hereunder by Grantee shall be performed in accordance with applicable professional standards, this Agreement, the Ordinance, and all Local, State and Federal Laws. In addition thereto, Grantee shall act as follows: (a) All commercial waste to be picked up by Grantee will be stored in standard manufactured, mechanically serviced containers approved by the City. Grantee will supply such containers as needed by customers. Location of containers is subject to City approval. (b) Size of containers and frequency of service will be agreed upon by Grantee and each customer. Minimum container size shall be two cubic feet. Containers will be disinfected a minimum of once per week to remove all noxious and/or obnoxious odors. (c) The rates for each individual customer are to be negotiated between Grantee and each customer it serves. The City and each customer shall be notified of any proposed rate change at least sixty (60) days prior to the effective date of the rate change. (d) Grantee, its agents, servants or employees shall collect refuse collected hereunder in enclosed, standard, packer-type vehicles approved by the City, and shall perform their obligations hereunder in a courteous, workmanlike manner so as not to create a nuisance for any of the residents of the City. All such commercial refuse collected hereunder shall be disposed in a lawful manner. 7 CITY OF CLERMONT ORDINANCE No. 2013-05 (e) Grantee shall have the sole responsibility for the billing and collection of charges provided hereunder. Billings shall be monthly and payable on or before the 15`h day of the succeeding month. In the event bills are not paid within this time, Grantee shall have the nght to discontinue service for non- payment. Nothing herein shall be construed or act as an acknowledgement or guarantee by City of any fees or billings owed to Grantee. (f) Collection shall be made during hours as set forth in a schedule approved by the City. All collection will be made as quietly as possible. SECTION 8 Payment of Franchise Fee. Grantee shall pay monthly to the City a franchise) fee established by separate resolution of the City of Clermont. Grantee shall provide an annual audit report to the City showing gross annual billings and receipts, if requested by the City. Fees to be assessed commencing with the first billing of any customer. In the event services have been provided prior to this agreement, all past due fees calculated from the first billing shall be paid within thirty(30) days of this Agreement. ' SECTION 9 Posting of Performance Bond. Within thirty (30) days of the execution of this Agreement, Grantee shall provide to the- City, and at all times thereafter shall maintain in full force and effect for the term of this Franchise or any renewal thereof, at Grantee's sole expense, a performance bond or letter of credit with a company or financial institution and in a form approved by the City in its sole discretion, in the amount of one hundred thousand dollars ($100,000), consistent with the requirements of the Ordinance and this Agreement. SECTION 10 Term, Termination and Assignment. This Franchise and this Agreement shall be in full force and effect until July 10, 2013, commencing immediately; and this Franchise and Contract shall thereafter by automatically renewed from year to year unless terminated by either party upon not less than sixty(60) days written notice sent via U.S. registered or certified mail, return receipt requested, to the other party. This Franchise and the Contract between the City and Grantee may be assignable to an affiliated company by Grantee after it has first obtained the consent of the City for such assignment. In the event of default of any of the terms of the Ordinance of this Agreement, City may terminate this agreement after providing to Grantee thirty(30) days written notice and an opportunity to cure. 8 CITY OF CLERMONT ORDINANCE No. 2013-05 SECTION 11 Notice, Proper Form. , Any notices required or allowed to be delivered hereunder or under the Ordinance shall ' be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter designated or(2) upon mailing of such notice when deposited in United States Mail, postage prepaid, certified mail, return receipt requested, Federal Express or courier, addressed to a party at the address set forth opposite of the party's name below, or such other address as the party shall specify by written notice to the other party delivered in accordance herewith: 1 , City: , City of Clermont Attention: City Clerk 685 W. Montrose Street Clermont, FL 34711 Grantee: Russo and Sons, Inc. Attention: Manlyn Russo 450 Enterprise Street Ocoee, FL 34761 SECTION 12 Disclaimer of Third Party Beneficiaries. This agreement is solely for the benefit of and shall be binding upon the parties hereto and their respective successors in interest. No right or cause of action shall accrue upon, or by reason hereof, to or for the benefit of any person not a party to this Agreement or a successor in interest. SECTION 13 Severability. This Agreement is declared by the parties to be severable. SECTION 14 Applicable Law and Venue. This Agreement shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any cause of action hereunder shall be exclusively in Lake County, Florida. SECTION 15 Entire Agreement; Modification. cation. This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements. Modifications to and waivers of the provisions herein may be only by the parties hereto and only in writing. 9 CITY OF CLERMONT ORDINANCE No. 2013-05 IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written. CITY OF CLERMONT, FLORIDA By: _ ,,∎—• Harold S. Turville, Jr., Mayor ATTE T: Tracy Ackro d, City Cler Approved as to form and legality: C D..'s'el ■� ns, City Atto ii - , GRANTEE: By: Title: ATTEST: T. e: OP ID B2 4WRV° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/05/13 THIS CERTIFICATE IS ISSUED PS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 407-847-2841 CONTACT NAME Bouchard-Kissimmee 40746-2841 PHONE FAX 222 Church Street tAIC,No,Ext) (AIC,No). Kissimmee,FL 34741 E-MAIL Steve Mazon,CLCS,AAI,AFIS PPRODUCER CUSTOMER ID*RUSSO-1 INSURER(S)AFFORDING COVERAGE NAIL! INSURED Russo&Sons Inc INSURER Zenith Insurance Company 13269 dba RSI Inc INSURERB Westfield Insurance Company 24112 Russo Waste Services Inc. INSURERC Chartis Specialty Insurance Co 26883 450 Enterprise Street Ocoee,F 34761 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE IN R SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMADlYYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY CMM7614102 05/15/12 05/15/13 DAMAGETO RENTED 150,000 PREMISES{Ee occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 X Contractual Liabi GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,000! —I POLICY n PE0 n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO CMM7614102 05/15/12 05/15/13 (Ea accident) 1,000,000 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ B X SCHEDULED AUTOS CMM7614102 05/15/12 05/15/13 PROPERTY DAMAGE B X HIRED AUTOS CMM7614102 05/15/12 05/15/13 (Per accident) $ B X NON-OWNED AUTOS CMM7614102 05/15/12 05/15/13 $ B X PIP 10,000 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 B CMM7614102 05/15/12 05/15/13 -DEDUCTIBLE $ X RETENTION $ NIA WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER Y A ANYIPROPRIETOR EARTNER EXECUTIVE Y N/A Z068677907 10/25/12 10/25/13 E L EACH ACCIDENT $ 1,000,000. (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 A Scheduled Equip CMM7614102 05/15/12 05/15/13 Deductibl 1,000 C Contractors Pollut CPL18141551 01/21/13 01/21/14 Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION CLERMON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clermont THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention:City Clerk ACCORDANCE WITH THE POLICY PROVISIONS 685 W.Montrose Street Clermont,FL 34711 AUTHORIZED REPRESENTATIVE I 1 O 1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009108) The ACORD name and logo are registered marks of ACORD �■41 OP ID: B2 4 °R Cr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/03/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 407-847-2841 NAME Bouchard-Kissimmee PHONE FAX 407-846-2841 222 Church Street (A/C,No,Ext) (A/C,No) Kissimmee,FL 34741 E-MAIL ADDRESS Steve Mazon,CLCS,AAI,AFIS PRODUCER CUSTOMER ID# RUSSO-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Russo&Sons Inc dba RSI Inc INSURER A Zenith Insurance Company 13269 Russo Waste Services Inc. INSURER B Westfield Insurance Company 24112 450 Enterprise Street INSURER C Chartis Specialty Insurance Co 26883 Ocoee, F 34761 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR END POLICY NUMBER POLICY EFF POLICY EXP LIMITS _IN (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY CMM7614102 05/15/13 05/15/14 DAMAGE TO RENTED 150 000 PREMISES(Ea occurrence) $ , CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liabi GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO n LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO CMM7614102 05/15/13 05/15/14 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ B X SCHEDULED AUTOS CMM7614102 05/15/13 05/15/14 PROPERTY DAMAGE B X HIRED AUTOS CMM7614102 05/15/13 05/15/14 (Per accident) $ B X NON-OWNED AUTOS CMM7614102 05/15/13 05/15/14 $ B X PIP 10,000 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000- EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,0001 B CMM7614102 05/15/13 05/15/14 — DEDUCTIBLE $ X 1 RETENTION $ N/A $ WORKERS COMPENSATION X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A Z068677907 10/25/12 10/25/13 E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED' (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 A Scheduled Equip CMM7614102 05/15/13 05/15/14 Deduct bl 1,000 C Contractors Pollut CPL16141551 01/21/13 01/21/14 Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION CLERMON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clermont THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention. City Clerk ACCORDANCE WITH THE POLICY PROVISIONS 685 W Montrose Street Clermont,FL 34711 AUTHORIZED REPRESENTATIVE I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Bond No. 3349183 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,that we,Russo and Sons,Inc.,450 Enterprise Street, Ocoee,FL 34761 as Principal, and SureTec Insurance Company, 1330 Post Oak Blvd, Suite 1100,Houston,TX 77056 as Surety, are held and firmly bound into City of Clermont 685 W.Montrose Street,Clermont,FL 34711, as Obligee,the penal sum of ONE HUNDRED THOUSAND and 00/100 DOLLARS($100,000.00), lawful in money of the United States of America, for the payment of which sum,well and truly to be made,the Principal and Surety do bind themselves,their heirs, executors, administrators, and successors and assigns,jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the 5 day of April,2013, and terminating the 5 day of April,2014, for Commercial Roll-Off Solid Waste Container Collection and Disposal and more fully described in said Contract, a copy of which is attached,which agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract,according to the terms, stipulations or conditions thereof,then this obligation shall become null and void, otherwise to remain in full force and effect. In the event that the Principal has failed to promptly and faithfully perform the Contract,the Surety shall, at its option,either perform the Contract in accordance with its terms and conditions or pay to the Obligee the amount of the bond penalty,or such amount that is necessary to cure such failure to perform This bond is executed by the Surety and accepted by the Obligee subject to the following express conditions. 1)Notwithstanding the provisions of the Contract,the term of this bond shall apply from April 5,2013,until April 5,2014, and may be extended by the Surety by Continuation Certificate However, neither non-renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions,riders, or endorsements properly issued by the Surety as supplements thereto. 2)No suit or action may be commenced hereunder by the Obligee after the earlier of twenty-five months from the expiration date of the Contract or twenty-five months from the effective date of non-renewal of this bond by the Surety At such date,this bond shall become null and void, and the Surety shall have no liability hereunder Sealed with our seals and dated the 5 day of April,2013 (Principal)(Seal) (Witness) (T le) , .1`'r 0 �. Ar. t2 (Attest) Attorney-in-Fact r. .tr �7 Agreed and acknowledged this 5 day of April,2013. (Witness)(Obligee) - POA t!: 3349183 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Blake Williams its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Russo and Sons,Inc Obligee: City of Clermont,FL Amount:$ 100,000 00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do m the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company. Be it Resolved, that the President,any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authonty to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-in-Fact may be given full power and authority for and m the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 20`h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A D.2013 yµ,y,,,,,.rygy,„ SURETEC INSURANCE COMPANY .0y3RAtv�F�' �V/`,T t 3 By. w t W . '131- John ox Jr. resident at /rco ;z-, State of Texas ss 7�:,., ,t ;. ! County of Hams - ,,,# On this 21st day of March,A D 2013 before me personally came John Knox Jr,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above Instrument,that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order /r,s E, JACQUELYN ALDONADO' `," V"�< t.- `� / Notary Pubbc }, iii ,-;',.-‘4,,-*5 State of Texas Jacquelyn Maldonado,Notary Public My Comrn Exp 5/1812017 My commission expires May 18,2017 I,M Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston,Texas this 5th day of April 2 ,20 13 A.D. gi ,-M.Brent Bea ,Assistant ecretary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authonty of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.