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O-589-MCITY OF CLERMONT ORDINANCE NO. 589-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO VEOLIA ES SOLID WASTE SOUTHEAST, 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. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. The City, acting by and through its City Council, hereby grants unto Veolia ES Solid Waste Southeast, Inc., its successors and assigns, anon-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: A. the collection and disposal all residential refuse; B. the collection and disposal of all commercial refuse generated by establishments which: (i) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (ii) require service two or less times per week. SECTION 3. The City hereby grants anon-exclusive franchise to Veolia ES Solid Waste Southeast, Inc., and Veolia ES Solid Waste Southeast, 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» SECTION 4. Veolia ES Solid Waste Southeast, Inc. shall be an independent contractor and shall enter into a contract with City that provides, among other things, that Veolia ES Solid Waste Southeast, Inc. shall covenant to hold harmless 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 CITY OF CLERMONT ORDINANCE NO. 589-M threatened, of whatsoever nature resulting from the activities of Veolia ES Solid Waste Southeast, Inc., its agents, servants or employees, within or without the city limits. Veolia ES Solid Waste Southeast, 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 Veolia ES Solid Waste Southeast, 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. Veolia ES Solid Waste Southeast, Inc. shall post with the City a good and sufficient cash or surety bond 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 Veolia ES Solid Waste Southeast, Inc. shall be in full force and effect until May 13, 2009 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. Veolia ES Solid Waste Southeast, 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 maybe executed under the authority 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. 2 CITY OF CLERMONT ORDINANCE NO. 589-M 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. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 13TH DAY OF MAY 2008. arold S. Turville, Jr., May r ATTES ~~ ~ Tracy Ac oyd, City k 3 CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 13th day of May, 2008, by and between the CITY OF CLERMONT, FLORIDA ("City"), and Veolia ES Solid Waste Southeast, Inc. whose address is 109 Sampey Road, Groveland, FL 34736 ("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 anon-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 DEFINITION. 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. 589-M the City hereby grants to Grantee, and the Grantee hereby accepts, anon-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 3 INCORPORATION OF THE ORDINANCE. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No. 589-M as passed on May 13, 2008, 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. (b) 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. 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: (i) utilize twelve (12) or less refuse cans per pick up each, with a capacity not exceeding thirty (30) gallons and/or (ii) require service two or less times per week 2 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. (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 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 9 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 10 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 with a company and in a form approved by the City, in the amount of one hundred thousand dollars ($100,000), consistent with the requirements of the Ordinance and this Agreement. SECTION 11 TERM, TERMINATION AND ASSIGNMENT. This franchise and this Agreement shall be in full force and effect until May 13, 2009 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. SECTION 12 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: City: City of Clermont Attention: Citv Clerk 685 W. Montrose Street Clermont, FL 34711 Grantee: Veolia ES Solid Waste Southeast, Inc. 109 Sampey Road Groveland, FL 34736 SECTION 13 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. 4 SECTION 14 SEVERABILITY. This Agreement is declared by the parties to be severable. SECTION 15 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 16 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 maybe only by the parties hereto and only in writing. IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written. CITY OF CLERMONT, FLORIDA By: ; ~~-~~-` Mayor Harold S. Turville, ATTES ~~ Tracy A oyd, C' Clerk GRANTEE: Veolia ES Solid Waste Southeast Inc. By. ~ r- utch Riege Title: l"~v~~ 1~,.¢iy~s ~ ,. ATTEST: Title: 5 (~/~/~~~H = .CERTIFICATE OF INSURANCE CERTIFICATE NUMBER HOU-000806927-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA InC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1000 Main Street, Suite 3000 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE HOUStOn, TX 77002 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Specialty.CertRequest@marsh.com; 212-948-0564 COMPANIES AFFORDING COVERAGE COMPANY 10056-Veoli-Prima-07/08 Yes A COMMERCE AND INDUSTRY INS. CO. INSURED COMPANY VEOLIA ES SOLID WASTE OF SOUTHEAST, INC. B AMERICAN HOME ASSURANCE CO. 1964 S ORANGE BLOSSOM TRAIL APOPKA, FL 32703 COMPANY C N/A COMPANY D NEW HAMPSHIRE INSURANCE CO. :COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY GL 4177311 07/01/07 07/01/08 GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMPlOP AGG $ 1,000,000 CLAIMS MADE ~ OCCUR PERSONAL 8 ADV INJURY $ 1 ,000,000 OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X _ R FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (An one erson) $ 5,000 B AUT OMOBILE LIABILITY CA 1469657 (AOS) 07/01/07 07/01/08 COMBINED SINGLE LIMIT $ 1,000000 B X ANY AUTO CA 1469659 (MA) 07/01/07 07/01!08 B ALL OWNEDAUTOS CA 1469660 (VA) 07/01/07 07/01/08 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ (Per accident) NON-OW NED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: _ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ D WO RKERS COMPENSATION AND I ' WC 4552998 (AOS) 07/01/07 07/01/08 X ORY IMITS GER F EMPLOYERS LIABIL TY WC 4552999(AZ,MD,VA) 07/01/07 07/01/08 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR! X INCL WC 4553000 (CA) 07/01/07 07/01/08 EL DISEASE-POLICY LIMIT $ 1,000,000 A PARTNERS/EXECUTNE WC 4553001 St0 Gap States ( p ) 07/01/07 07/01/08 EACH EMPLOYEE EL DISEASE 000 000 $ 1 OFFICERS ARE: EXCL - , , THER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESlSPECIALITEMs CERTCFICATE=HOLDER CANCELLATION SHOULD ANV OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE E%PIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _3p. DAYS WRITTEN NOTICE TO THE CITY OF CLERMONT CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 685 W. MONCHES ST. CLAREMONT, WA 34711 LIABILITY OF ANV KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. AUTHORIZED REPRESENTATIVE Marah USA Ino. ..~..+"~ ~ ' ..,! `.., ~,•Gr BY: Barry N. Smith I 'MMi(3102) VALID AS OF:03/20/08 ADDITIONAL INFORMATION PRODUCER Marsh USA Inc. 1000 Main Street, Suite 3000 Houston, TX 77002 Attn: Specialty.CertRequest@marsh.com; 212-948-0564 010056-Veoli-Prima-07/08 Yes INSURED VEOLIA ES SOLID WASTE OF SOUTHEAST, INC. 1964 S ORANGE BLOSSOM TRAIL APOPKA, FL 32703 COMPANY H thl WORKER'S COMPENSATION: CARRIER: INSURANCE CO. OF THE STATE OF PA LIMITS: EL EACH ACCIDENT: $1,000,000 INSURANCE CO. OF THE STATE OF PA LIMITS: EL EACH ACCIDENT: $1,000,000 POLICY NUMBER: WC 1558356 (FL) EL DISEASE-POLICY LIMIT: $1,000,000 WC 0623124 (MA) EL DISEASE-POLICY LIMIT: $1,000,000 POLICY TERM: 7/1/07 - 7/1/08 EL DISEASE-EACH EMPLOYEE: $1,000,000. 711/07 - 7/1/08 EL DISEASE-EACH EMPLOYEE: $1,000,000. CATE HOLDER_ ' CITY OF CLERMONT 685 W. MONCHES ST. CLAREMONT, WA 34711 DATE (MMIDDIYY) HOU-000806927-02 03/20/08 ~ COMPANIES AFFORDING COVERAGE COMPANY E N/A COMPANY F AIG CASUALTY COMPANY COMPANY G Marsh USA Ias. Barry N. Smith ,,, ,,,,~ Performance Bond Bond No: 300587 KNOW ALL MEN BY THESE PRESENTS, that we Veolia ES Solid Waste Southeast, Inc., 1964 South Orange Blossom Trail, Apopka, FL 32703 the Principal, and Ohio Indemnity Company, 250 East Broad Street, 10 Floor, Columbus, OH 43215 the Surety, are held and firmly bound unto City of Clermont, 685 West Montrose Street, Clermont, FL 34711, as Obligee, in the penal sum of ONE HUNDRED THOUSAND AND 00/100 DOLLARS S$100,000.00) for the payment of which we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract for the Non-Exclusive Commercial Roll-Off Solid Waste Container Collection, which contract is hereby incorporated herein as if fully rewritten: NOW, THEREFORE, the condition of the above obligation is such that if the Principal shall promptly and faithfully perform this Contract, then this obligation shall be null and void; subject, however, to the following conditions: This bond is for the term beginning Aril 1, 2008 and ending March 31, 2009. 2. If there is no breach or default on the part of the Obligee, then the Surety's performance obligation under the bond shall arise after: a. The Obligee has notified the Principal and the Surety in writing at their respective addresses of the alleged breach, and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract; and has made available during notice period all books, records, and accounts relevant to the Contract which may be requested by the Principal or Surety. If the Obligee, Principal and Surety agree, the Principal shall be allowed a reasonable time to perform the Contract; but such an agreement shall not waive the Obligee's right, if any subsequently to declare a Principal default; b. The Obligee has declared the Principal in default and formally terminated the Principal's right to complete the Contract, provided, however, that such default shall not be declared earlier than twenty (20) days after the Principal and the Surety have received the notice as provided in "a" above; and c. The Obligee has agreed to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract or to the such contractor as may be tendered by the Surety to the Obligee. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety of this instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of the bond. The parties hereto expressly acknowledge and agree that no liquidated damages shall be claimed, due or payable by Surety pursuant to this Bond. 4. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate executed by the Surety. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond. In no event shall the liability of the Surety hereunder exceed the penal sum hereof. Signed, sealed and executed this 20th day of March 2008. Veolia ES Solid Waste Southeast, Inc. Principal Ohio Indemnity Company Surety ay: roc ae at erv, i e rest (Corporate Seal) no sAal Witness: `'`r ~~ ~.i J. Poth ,, ~. ~ ~~ Nicole Skedel, Attorney-In-Fact - (CorparatP Seat'-,- ~. Witness: Sandra Cikraji OHIO INDEMNITY COMPANY Columbus, Ohio 43215 PRINCIPAL Veolia ES Solid Waste Southeast, Inc. EFFECTIVE DATE April 1, 2008 CONTRACT AMOUNT 100 000.00****** AMOUNT OF BOND $ ~ POWER NO.3Q~58~ KNOW ALL MEN BY THESE PRESENTS, that Ohio Indemnity Company, a corporation organized and existing under the laws of the State of Ohio with its principal office at 250 East Broad Street, 10`s Floor, Columbus Ohio 43215, by and through the undersigned, its President, does hereby nominate, constitute and appoint Kathleen P. Price, Patricia A. Temple, Nicole Skedel, Kathy Goe, Julie Bowers, Maria Jackson and Daniel J. Clark as its true and lawful Attorneys-in-Fact to make, execute, attest, seal, acknowledge and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed Four Million Dollars ($4,000,000). IN WITNESS WHEREOF, Ohio Indemnity Company has caused its corporate seal to be affixed hereunto, and 'these presents to be "signed by its duly authorized officer this 16~' day of January, 2007. :r "~ ` (Corpot~te Seal) OHIO INDEMNITY COMPANY ~~. State of Ohio County of Franklin By: iJ,-~ ~~.-~e- John S. Sokol, President On this 16~' day of January, 2007, before the subscriber, a Notary Public in and for this County and State, personally appeared John S. Sokol, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that he is the President of Ohio Indemnity Company, and that the seal affixed to the preceding instrument is the corporate seal of said corporation, and the said corporate seal and signature as said officer were duly affixed and subscribed to thg said instrument by the authority and direction of said corporation. `` pt~u IlUlyy 4 ' -~~ =2 E BDO.ER ,~~ PIOTARYPI~LIC~5GTE0FOH10 Notary Public - N PICKANp1Y000NTY ',y.~y„~„~~ a~ p}-0g.tp Commission expires: ~r I, the undersigned, Secretary of Ohio Indemnity Company, a stock corporation of the State of Ohio, do hereby certify that the foregoing Power of Attorney remains in. full force. Signed and sealed this 20thday of _ Marchy 20x8, ~' Matthe®/ C. Nolan, Secretary k i Any reproduction or facsimile of ttii~ form is void and invalid. z o ~ ~ n ~ -~ cn ~, o ~ ~ cn o .-~. ? ~. 0 rn rn' ~ rn ~' ~' rn o to o ~- ~ , Q rn o rn o ~ W ~ o o ~ ='~ ~ ~ ~. ~ ~ o -- ~ o ~ rn ~u ~ o =~, . ~ ~ o ~ ~ ~ ~ o n ~ v N ~ c n ~, (p ~ ~ ~ .~. ~. N. ~ -n N 0 o ~ N ~ CD Q ~ ~ ~ ~ -~ „ ~ ~ ~ o o ~- o -~ o~~ ~ ~ ~ o ~ oy~ ( N ~ O ' n ~~~~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ Q. ~ ~. ~ rn D ~ ~ v ~ ~ ~ v ~ o ~' n ~ ` m N v ~ v ' ~ c o y' ~- ~ ~ o O O Z v rn z "~ n 0 .Q Z -G OHIO INDEMNITY COMPANY OHIO INDEMNITY COMPANY Certificate 2007 The following financial information was excerpted from the Statutory Annual Statement filed by the Ohio Indemnity Company with the Ohio Department of Insurance March 1, 2008: STATEMENT OF INCOME Direct Written Premium Reinsurance Assumed Reinsurance Ceded Net Written Premium Change In Unearned Net Earned Premium Losses and LAE Incurred Other Underwriting Expenses Underwriting Gain Net Investment Gain Other Income Income Before Federal Income Tax Federal Income Tax Net Income Assets Cash and Invested Assets Accrued Investment Income Uncollected Premium and Agents' Balances Reinsurance Recoverable Net Deferred Tax Asset Other Assets Total Assets Liabilites and Surplus Loss and LAE Reserves Reinsurance Payable Commission Payable Uneamed Premium Other Liabilities Total Liabilities Surplus Total Liabilities and Surplus BALANCE SHEET 72,496,435 4,615,150 (31,329,370) 45,782,215 1,191,043 46,973,258 25,815,599 15,946,768 5,210,891 2,968,005 457,648 8,636,544 1,967,145 6,669,399 100,059,414 1,098,214 7,021,510 1,032,033 1,156,367 397,040 110,764,578 13,958,457 688,696 2,188,849 26,369,732 22,493,805 65,699,539 45,065,039 110,764,578 I hereby certify that the above information is that contained in the Statutory Annual Statement filed by Ohio Inde Wily Company with the Ohio Department of Insurance for the year ending December 31, 2007, ~~ Matthew C. Nolan, CFO 250 East Broad Street Tenth Floor Columbus, OH 43215-3708 (614)228-2800 (800)628-8581 www.ohioindemnity.com ( ~ ~ ~ CERTIFICATE OF INSURANCE CERTIFICATE NUMBER H O U-000649963-06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA InC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1000 Main Street, SUlte 3000 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE HOUStOn, TX 77002 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: Specialty.CertRequest@marsh.com; 212-948-0564 COMPANIES AFFORDING COVERAGE COMPANY 10056-Veoli-Prima-08/09 WSFL4 Yes A NEW HAMPSHIRE INSURANCE CO. INSURED COMPANY Veolia ES Solid Waste Southeast, Inc. B Insurance Company of The State of PA 1964 S. Orange Blossom Trail Apopka, FL 32703 COMPANY C AIG Casualty Company COMPANY ~ D National Union Fire Insurance Co 'COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 6 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDDIYYJ LIMITS A GENERAL LIABILITY GL4572700 O7/O1/OH 07/01/09 GENERAL AGGREGATE $ 1 ,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ 1 ,GGG,GGG CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $ 1 ,G~,G~ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 ,0~,0~ X I"ONTRAGTUAL LIABILITY - R FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (An one rson) $ rJ,000 B ~ Aur oMOBILE uABlurY CA 4576281 AOS ( ) 07/01/08 07/01/09 COMBINED SINGLE LIMIT $ 1 ,G~,G~ B X ANY AUTO CA4576282 (MA) 07/01 /08 07/01 /09 B ALL OWNED AUTOS CA 4576283 (VA) 07/01/08 07/01/09 BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OW NED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: _ _ EACH ACCIDENT _ $ AGGREGATE $ E EXCESS LIABILITY 3044553 07/01/08 07/01/09 EACH OCCURRENCE $ 5,G00,000 F X UMBRELLA FORM 8766499 O7/O1/O8 07/01/09 AGGREGATE $ 5,0~,0~ OTHER THAN UMBRELLA FORM $ A WORF~RSCOMPENSATIONAND EMPLOYERS LIABILITY WC4552998 (VW & AOS) 07/01/08 07/01/09 X OR uMlrs OER ` _ _ -C '.'VC4552999(.,Z,`AJ,VA) OT/G1/08 07/01/09 EL EACHACOivENT '$ i,000,00C p THE PROPRIETOR/ X INCL WC 4553000 (CA) 07/01/08 07!01/09 EL DISEASE-POLICY LIMIT $ 1 ,000,0 G PARTNERS/EXECUTIVE OFFICERS ARE: IXCL WC 4553001 I & STOP GAP ~ ) 07/01/08 07/01/09 EL DISEASE-EACH EMPLOYEE $ 1 ,G~,GGG O HE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CER'CIFICATE HIULb~R CANCEL.LAYIbPI SHOULD ANY OF THE POLICIES DESCRIBED HEREW BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE WSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ~Q DAYS VN2fTTEN NOTICE TO THE City of Clermont CERTIFICATE HOLDER NAMED HEREW, BUT FAILURE TO MAIL SUCH NOTK:E SHALL IMPOSE NO OBLIGATION OR 685 W. Montrose Clermont, FL 34711 LIABILITY OF ANY KIND UPON THE INSURER AFFORDNG COVERAGE, RS AGENTS OR REPRESENTATNES, OR THE ISSUER OF THIS CERTIFICATE. AUTNOR® REPRESENTATVE _ of March USA Inc. /~~1 ~ BY: Barry N. Smith ~~/~f - `MM'I(3/02~ VALID AS OFC06/27/08 ADDITIONAL I'NFQRMATION DATE (MM/DDlYY) Hou-ooo649963-06 06/27/08 PRODUCER ! -- COMPANIES AFFORDING COVERAGE Marsh USA InC. II COMPANY 1000 Main Street, Suite 3000 Houston, TX 77002 E Lexington Insurance Company Attn: Specialty.CertRequest@marsh.com; 212-948-0564 COMPANY F National Union Fire Ins Co Pittsburgh PA 010056-Veoli-Prima-08/09 WSFL4 Yes ___ INSURED COMPANY Veolia ES Solid Waste Southeast, Inc. 1964 S. Orange Blossom Trail ~~ G COMMERCE & INDUSTRY INS. CO Apopka, FL 32703 COMPANY H -TEXT ~ _ ___ ~ WORKER'S COMPENSATION: CARRIER: POLICY NUMBER: POLICY TERM: INSURANCE CO. OF THE STATE OF PA WC 1558356 (FL) 7/1/08 - 7/1/09 LIMITS: EL EACH ACCIDENT: $1,000,OOC EL DISEASE-POLICY LIMI T: $1,000,000 EL DISEASE-EACH EMPLO`(~E: $1,000,000. INSURANCE CO. OF THE STATE OF PA WC 0623124 (MA) 7/1/08 - 7/1/09 LIMITS: EL EACH ACCIDENT: $1,000,000 EL DISEASE-POLICY LIM IT: $1,000,000 EL DISEASE-EACH EMPLOYEE: $1,000,000. CERTtF~cATE HOLDER City of Clermont 685 W. Montrose Clermont, FL 34711 wunroa~o r~rr~sortwnve d Marsh USA Inc. BY: Barry N. Smith ~~, _ _ ~~ _.