Loading...
O-2016-13 CITY OF CLERMONT ORDINANCE No. 2016-13 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 HUBBARD CONSTRUCTION COMPANY D/B/A MID FLORIDA MATERIALS, 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, Flonda as follows SECTION 1 The City, acting by and through its City Council, hereby grants unto Hubbard Construction Company d/b/a Mid Flonda Materials, 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, bndges, 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 Hubbard Construction Company d/b/a Mid Florida Materials and Hubbard Construction Company d/b/a Mid Florida Materials 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. 2016-13 SECTION 4. Hubbard Construction Company d/b/a Mid Flonda Matenals shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Hubbard Construction Company d/b/a Mid Flonda Matenals shall covenant to hold harmless and indemnify and indemnify the City for any and all damages, including attorney fees, ansing out of directly or indirectly and/or by virtue of any claim, whether actual or threatened, of whatsoever nature resulting from the activities of Hubbard Construction Company d/b/a Mid Flonda Matenals, its agents, servants or employees, within or without the city limits Hubbard Construction Company d/b/a Mid Flonda Matenals will, within five (5) days from the adoption of this Ordinance, cause to be wntten a policy of general liability insurance, insunng it and the City against all claims made by any person or persons for personal injunes or property damage incurred in connection with the performance by Hubbard Construction Company d/b/a Mid Flonda Matenals, its servants, agents, and employees, of the services required under this Ordinance and the Franchise hereby granted, which said policy shall be wntten 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. Hubbard Construction Company d/b/a Mid Flonda Matenals 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 Hubbard Construction Company d/b/a Mid Flonda Matenals shall be in full force and effect until Apnl 12, 2017, 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 wntten notice SECTION 7. Hubbard Construction Company d/b/a Mid Flonda Matenals shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont 2 CITY OF CLERMONT ORDINANCE No. 2016-13 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 authonty of this Ordinance 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. 2016-13 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 12th day of April, 2016 CITY OF CLERMONT �• Gail L Ash, Mayor ATTEST: "if - Tracy Ackroyd Howe, City Clerk Approved as to form and legality 1 Mantzans, City Attorney 4 CITY OF CLERMONT ORDINANCE No. 2016-13 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 12th day of April, 2016, by and between the City of Clermont, Flonda ("City"), and Hubbard Construction Company d/b/a Mid Flonda Matenals, whose address is 1936 Lee Road Ste #300, Winter Park, FL 32789 ("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 dunng 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 2016-13, 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. 2016-13 SECTION 3 Incorporation of the Ordinance The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No 2016-13 as passed on Apnl 12, 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 wntten a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injunes 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 wntten 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 carner 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 nghts 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. 2016-13 SECTION 6 Limitation of Grant of Franchise The non-exclusive franchise nght 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 pnor 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. 2016-13 (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 written notice and an opportunity to cure 8 CITY OF CLERMONT ORDINANCE No. 2016-13 SECTION 11 Notice, Proper Form Any notices required or allowed to be delivered hereunder or under the Ordinance shall be in wasting 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 couner, 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 wntten notice to the other party delivered in accordance herewith City City of Clermont Attention City Clerk 685 W Montrose Street Clermont, FL 34711 Grantee Hubbard Construction Company d/b/a Mid Flonda Matenals Attention Mike Stacey 1936 Lee Road, Ste 300 Winter Park, FL 32789 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 nght 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 Flonda Venue for any cause of action hereunder shall be exclusively in Lake County, Flonda 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 wntmg 9 CITY OF CLERMONT ORDINANCE No. 2016-13 IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written �• CITY OF CLERMONT, FLORIDA 1 h BD Y , Gail L Ash, M yo ATT ST Tracy Ac oyd Howe, City Clerk Approv- as to fo and legality _� 1101- 011/C1.°— Daniel Mantzans, City Attorney GRANTEE By Mil /• �%u'rfL�Gl Gf , P geae"'ck o O,cc Tr., vP IIec•rlry ATTEST7,_ Title 4II/SrA•v7 567 VINCUSA-01 POOJARYVS ACORO_" DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/11/2016 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 Willis Towers Watson Certificate Center Willis of Michigan,Inc PHONE 877 945-7378 FjOX (888)467-2378 c/o 26 Century Blvd _(A p No,Est)( ) (Alc,No) P 0 Box 305191 ADDRESS certificates@willis corn Nashville,TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Zurich American Insurance Company 16535 INSURED INSURER B XL Specialty Insurance Company 37885 Hubbard Construction Co DBA Mid-Florida Materials INSURER C 1936 Lee Road INSURER D Winter Park,FL 32789 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 ADDLJSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD I WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS MADE X OCCUR X GLO0184998-00 10/01/2015 10/01/2016 PREMISES Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN L AGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 4,000,000 POLICY X Ir LOC PRODUCTS COMP/OP AGG $ 4,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 A X ANY AUTO BAP0184997-00 10/01/2015 10/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ X AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS MADE US00064220LI15A 10/01/2015 10/01/2016 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATIONX PER OTH AND EMPLOYERS LIABILITY Y/N STATUTE ER A ANYIPROPRIETOR/PARTNERD NER/EXECUTIVE N NIA WC0184999-00 10/01/2015 10/01/2016 EL EACH ACCIDENT $ 1,000,000 OF(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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Clermont is included as an Additional Insured as respects to General Liability where required by contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE City of Clermont 685 W Montrose Street aiwii,-. 17.-124r 'Clermont,FL 34711 ©1988-2014 ACORD CORPORATION All rights reserved ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD FRANCHISE BOND Bond No 106308721 KNOW ALL MEN BY THESE PRESENTS,That we, Hubbard Construction Company d/b/a Mid-Flonda Matenals ,as Pnncipal,and Travelerc racualty and Smoky Cnmpany of America ,a corporation of the State of Connecticut,as Surety,are held-and firmly bound unto City of Clermont as Obligee,in the sum of One Hundred Thousand&00/100 (8100,000 00) Dollars,()lawful money of the United States of America,to be paid unto said Obligee,its successors and assigns,jointly and severally,firmly by these presents WHEREAS,The above bound Principal has entered into a written agreement,dated ,with the Obligee which grants a Franchise to the Principal Hubbard Construction Company d/b/a Mid-Florida Materials (Area) 1936 Lee Road.#300.Winter Park.FL 32789 Principal has agreed to faithfully perform and observe and fulfill all terms and conditions of said Franchise agreement referred to above and said agreement is hereby made a part of this bond with like force and effect as if here in set forth in length NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above named Pnnapal,its successors or assigns,does and shall well and truly observe,perform and fulfill its obligation as set forth in the above mentioned Franchise agreement,for which a bond must be posted,then the above obligation to be void,otherwise to remain in full force and effect The bond is subject,however,to the following express conditions FIRST That in the event of a default on the part of the Principal,its successors or assigns,a written statement of such default with full details thereof shall be given to Surety promptly,and in any event,within thirty(30)days after the Obligee shall learn of such default,such notice to the believed to Surety at its Home Office in Hartford,Connecticut by registered mail SECOND:That no dalm,suit or action under this bond by reason of any such default shall be brought against Surety unless asserted or commenced within(12)twelve months after the effective date of any termination or cancellation of this bond THIRD:That this bond may be terminated or cancelled by Surety by Thirty ( _)days prior notice in writing to Pnnapal and to Obligee,such notice to be given in 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 The liability of the Surety shall be limited to the amount set forth above and is not cumulative FOURTH:That no right of action shall accrue under this bond to or for the use of any person other than the Obligee,and its successors and assigns IN WITNESS WHEREOF,The above bound Principal and the above bound Surety have hereunto set their hands and seals on the 9th day of March , 2016 The term of this bond is for the period commencing March 9,2016 and expiring on March 9,2017 ,unless released by the Obligee prior thereto,however,the term of this bond may be renewed for an additional one-year period at the sole option of the Surety by the issuance of a continuation certificate executed by the Surety and the Principal The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative year to year or period to period and shall in no event exceed the amount set forth In this bond or in any additions,riders or endorsements properly executed by the surety as supplements thereto Neither non-renewal by the Surety nor failure of the Principal to provide the Obligee with a replacement performance or payment bond shall constitute default under this bond Hubbard Construction Company d/b/ad/ Mid-Florida Materials By leOle,(01.4 01.4- . Travelers sual. ': TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD,CONNECTICUT 08183 FINANCIAL STATEMENT AS OF DECEMBER 31,2014 CAPITAL STOCKS 6,480,000 ASSETS LIABILITIES&TbGRPLUS CASH AND INVESTED CASH S 127,187,283 UNEARNED PREMIUMS $ 655,349,712 BONDS 3,411,436,937 LOSSES 680,188,443 STOCKS 320,931,870 LOSS ADJUSTMENT EXPENSES 350,911,923 INVESTMENT INCOME DUE AND ACCRUED 45,277,103 COMMISSIONS 34,142,048 OTHER INVESTED ASSETS 4,019,416 TAXES,LICENSES AND FEES 11,534,866 PREMIUM BALANCES 209 982,904 OTHER EXPENSES 40,097,405 NET DEFERRED TAX ASSET 62,839,844 CURRENT FEDERAL AND FOREIGN INCOME TAXES 24,133,560 REINSURANCE RECOVERABLE 17,397,761 REMITTANCES AND ITEMS NOT ALLOCATED 11,082,692 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 8,224,894 AMOUNTS WITHHELD!RETAINED BY COMPANY FOR OTHERS 41,744,996 RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 9,057,199 RETROACTIVE REINSURANCE RESERVE ASSUMED 853,430 OTHER ASSETS 3,078,855 POLICYHOLDER DIVIDENDS 7,376,699 PROVISION FOR REINSURANCE 3,416,605 ADVANCE PREMIUM 1,327,118 PAYABLE FOR SECURITIES 4,680,768 PAYABLE FOR SECURITIES LENDING 8,224,694 CEDED REINSURANCE NET PREMIUMS PAYABLE 28,084,142 ESCHEAT LIABILITY 1,136,048 OTHER ACCRUED EXPENSES AND LIABILITIES 421.167 TOTAL LIABILITIES $ 2,110,678,190 CAPITAL STOCK $ 8,480,000 PAID IN SURPLUS 433,803,780 OTHER SURPLUS 1.874.373.716 TOTAL SURPLUS TO POLICYHOLDERS $ 2,114,657,475 TOTAL ASSETS $ 1.225,233,665 TOTAL LIABILITIES&SURPLUS $ 4,226,233,085 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )S5 CITY OF HARTFORD ) MICHAEL J DOODY,BEING DULY SWORN,SAYS THAT HE IS SECOND VICE PRESIDENT,OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING ISA TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER,2014 SECOND VICE PRESIDE SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY PU611.L"" ' V "a . �VagA ....>:"." I 19TH DAY OF MARCH,2015 , SUSAN M WEISSLEDER Notary Public •LTJ l li i i V, My Commission Expires November 30,2017 `+, YY LI4.91 erOTS M; =N * 70= 5* • *? , %p .B11.0,` ,„pNNE1cl1%%%%% WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS.J 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. 210190 Certificate No 006518729 KNOW ALL MEN BY THESE PRESENTS That Farmington Casualty Company,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 Amenca,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity end 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 Vivian Cant.Cynthia Farrell,Sandra I)iar Evangchna L. Dominick Annette Leu't.hner Jessica Iunnoltu,Kelly O'Malley and Edward Reilly of the City of New York ,State of New Yolk ,thetr 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 111 WITN IN E $WHovemr EOF,the Compawshave caused this instrument to be signed and their cgrpomte seals to be hereto affixed,this 19th day of Farmington Casually 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 o,,,,,SEAL r..1.4:t C444\ e pir) 951 in' 1 i56AL9 VEALnfiliC:;)tct State of Connecticut By � City of Hartford ss Robert L Raney, mor Vice President 19th November 2015 On this the day of ,before me personally appeared Robert L Raney,who acknowledged himself to bc 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 Surely Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authonzed so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authonzed officer tTtrkIn Witness Whereof,I hereunto set my hand and official seal ARi4 C My Commission expires the 30th day of June,2016 * %0 * Mane C Tetreauli,Notary Public 58440-8-12 Printed In U S A WARNING THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER 6 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 arc 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,recognizrinces,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 FURCHER 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 writmg obligatory iii 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 Senor 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 wntings 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,Kevin E Hughes,the undersigned,Assistant Secretory,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 Amenca,and United Slates 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 9th day of March ,2016 Kevin E Hughes,Assistant Sec tary t,6644, )`G f -n � � Iambi ,oo 3 i -.44Qr ."2L , 12 O wsztA y . ae t 1852, ; A46i Pa• 1.0 6ehF I �pkvij� 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