No preview available
O-2015-16 CITY OF CLERMONT ORDINANCE No. 2015-16 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 GOOD FELLA'S ROLL OFF WASTE DISPOSAL, INC., PROVIDING FOR THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF 1 GARBAGE WITHIN THE CITY OF CLERMONT. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Lake County, Flonda as follows: SECTION 1. The City, acting by and through its City Council, hereby grants unto Good Fella's Roll Off Waste Disposal, 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 Good Fella's Roll Off Waste Disposal, Inc. and Good Fella's Roll Off Waste Disposal, 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. 2015-16 SECTION 4. Good Fella's Roll Off Waste Disposal, Inc. shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Good Fella's Roll Off Waste Disposal, 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 Good Fella's Roll Off Waste Disposal, Inc., its agents, servants or employees, within or without the city limits. Good Fella's Roll Off Waste Disposal, 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 Good Fella's Roll Off Waste Disposal, 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. Good Fella's Roll Off Waste Disposal, 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 Ordinance 2015-16 shall be in full force and effect until March 10, 2016, 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. Good Fella's Roll Off Waste Disposal, 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. 2015-16 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. 2015-16 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 10th day of March, 2015. r- is , `' ,._:;,-,t,;," -w,, - CITY OF CLERMONT � �.� t v.dedz_ ai � Gail L. Ash, Mir F5 ,' �''' ,ATTEST: ,/ i 4, ,; / Tracy Ackroyd, City Clerk Approved as to • -n-a d legality AI Daniel .11. ntza ey 4 CITY OF CLERMONT ORDINANCE No. 2015-16 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 10th day of March, 2015, by and between the City of Clermont, Flonda ("City"), and Good Fellas Roll Off Waste Disposal, Inc., whose address is 835 County Road 529, Lake Panasofflcee, FL 33538 ("Grantee"). RECITALS: WHEREAS, City as a municipal corporation of the State of Flonda has the authority and nght 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 nght 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. 2015-16, 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. 2015-16 SECTION 3 Incorporation of the Ordinance. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No. 2015-16 as passed on March 10, 2016, 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 Garner 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. 2015-16 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. 2015-16 (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 15th day of the succeeding month. In the event bills are not paid within this time, Grantee shall have the right 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 wntten notice and an opportunity to cure. 8 CITY OF CLERMONT ORDINANCE No. 2015-16 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 t6 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: City: City of Clermont Attention: City Clerk 685 W. Montrose Street Clermont, FL 34711 Grantee: Good Fella's Roll Off Waste Disposal, Inc. Attention: General Manager 835 County Road 529 Lake Panasoffkee, FL 33538 SECTION 12 Disclaimer of Third Party Beneficianes. 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. 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. 2015-16 IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above wntten. • ,. CITY OF CLERMONT, FLORIDA i "4-� "'" �nt t ' I� ./,/ Gail L. Ash, Mayor --nrATTEST: ��F `/ Tracy Ackroyd, City Clerk I \ Approv-. ; o onn an, legality_:__ 401t anie _ . •• GRANTEE: Title: 1:1-ed--1/X--7 ATTEST: 1C Title: aett,d_-/ ACORO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/23/2015 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(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 CONTACT NAME Christine Lombardi PHONE GreenRoad Insurance A/C.No Fan. (863)450-3175 FAX No) (863)450-3676 4223 South Pipkin Road ADDRIeSS.christine.lombardi@greenroadins.com Suite 200 INSURER(S)AFFORDING COVERAGE NAIC# Lakeland FL 33811 INSURER ACrum & Forster Specialty Ins Co 44520 INSURED INSURER B Progressive Express Insur Co 10193 Good Fella's Roll Off Waste Disposal Inc INSURER C 453 CR 489 INSURERD INSURER E Lake Panasofkee FL 33538 INSURERF COVERAGES CERTIFICATE NUMBER:15 GL & Auto Master 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 1NSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1NSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY EPR-107346 02/18/2015 02/18/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 50,000 CLAIMS-MADE n OCCUR MED EXP(Any one person) _ $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GGEEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY f,PIECOT fl LOC $ AUTOMOBILE LIABILITY 03516999-0 2/18/2015 2/18/2016 COMBINED tSINGLE LIMIT $ 1,000,000 _ ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED X AUTOS SCHEDULED AUTOS BODILY INJURY(Per accident) $ _ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/NTORY I NITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E L DISEASE EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,11 more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Clermont ACCORDANCE WITH THE POLICY PROVISIONS 685 W Montrose St Clermont, FL 34711 AUTHORIZED REPRESENTATIVE Michael Sutton/CAL ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD Argonaut Insurance Company Deliveries Only: 225 W.Washington,24th Floor,Chicago,IL 60606 • United States Postal Service: P.O. Box 469011,San Antonio,TX 78246 PERFORMANCE BOND (Annual Form) Bond No SUR0019616 KNOW ALL MEN BY THESE PRESENTS, that we, Good Fella's Roll Off Waste Disposal, Inc., as Principal, and Argonaut Insurance Company, licensed to do business in the State of Florida, as Surety, are held and firmly bound unto City of Clermont(Obligee), in the penal sum of One Hundred Thousand and No/100 Dollars($100,000.00), lawful 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 10th day of March, 2015, and terminating the 10th day of March, 2016, for Non-Exclusive Commercial Roll-Off Solid Waste Container Collection and Disposal Agreement 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 This bond is executed by the Surety and accepted by the Obligee subject to the following express condition Notwithstanding the provisions of the Contract, the term of this bond shall apply from 10th day of March, 2015, until 10th day of March, 2016, and may be extended by the Surety by Continuation Certificate However, neither nonrenewal 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 Sealed with our seals and dated this 17th day of March, 2015 PRINCIPAL Good Fell 's Roll Off Waste Disposal, Veel7fritea 0.41( In Witness ,Title ARGON UT INSURANCE OMPANY Wit _=.. y Cu ar Stephen h er Attor ey-in-Fact Agree and and acknowledged this d° day of / n2A.0 h , 20 )5By C. 'SCS S. .),O 1-• -Presidid4,4 Obligee • er d •>`Y!ly • MARILYN F CONNELL "4f'y1.r' L7i 1 . • . MY COMMISSION#EE 172072 �H�i ,, .91 y a EXPIRES.February 21,2018 'o?';F d° Bonded Thru Notary Pudic Undervniters Argonaut Insurance Company AS-0078449 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint Stephen Kazmer,Elaine Marcus.James Moore,Dawn Morgan.Mary Beth Graff Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named abo ie,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of $40,000,000 00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company \' "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the giver power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and/contracts of suretyship,and to affix the corporate seal thereto" IN WITNESS WHEREOF,Argonaut Insurance Company has caused itsofficia)sef¢l to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day of July,2013 ..,...•••••..., Argonaut Insurance Company gi SEAL; C G =_ / T,' 1949 by ,t .... Joshua C Betz Senior Vice President STATE OF TEXAS COUNTY OF HARRIS SS On this 18th day of July,2013 A D,before me,a Notary Public of the State of Texas,in and for the County of Hams,duly commissioned and qualified, came THE ABOVE OFFICER 4 THt COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to thepreceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force IN TESTJ1v1ONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written \� / KATHLEEN M MEEK$ NOTARY PUBUC ' STATE OF TEXAS MY COMM EXP 07-15-2017 (Notary Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 17th day of March 2015 i'ESEALI-vE1 tIND��4` iSarah Heineman VP-Underwriting Surety 4 * ..• THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE,AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER.IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400. STATE OF ILLINOIS } COUNTY OF DU PAGE} On March 17th, 2015, before me, a Notary Public in and for said County and State, duly commissioned and sworn,personally appeared Stephen Kazmer, known to me to be Attorney-in- Fact of Argonaut Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires March 29, 2016 0 Cdtu►- Dawn L. Morgan,Notary blic OFFICIAL SEAL DAWN L MORGAN NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES 03/29/16