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C-3942 - Newport Coast Fully Automated Residential Refuse Collection Services
Dean A. Ruffridge Senior Vice President CR&R, Inc. 11292 Western Avenue Stanton, CA 90690 CITY OF NEWPORT BEACH 100 Civic Center Drive, Bay 2D Newport Beach, California 92660 949 644-3330 1949 644-3308 FAX newportbeachca.gov December 22, 2021 Subject: Extension Notice and Termination Notice for Residential Solid Waste Collection and Recycling Services in Newport Coast Contract No. 3942 Dear Mr. Ruffridge, This letter shall serve as an Extension Notice and the City's intent to exercise its option to automatically extend the term of the agreement with the City of Newport Beach (City) and CR&R, Inc. (CR&R) for Residential Solid Waste Collection and Recycling Services in Newport Coast dated August 14, 2007 (Contract No. 3942) through January 15, 2022. This letter shall also serve as a Termination Notice for the agreement with CR&R for Residential Solid Waste Collection and Recycling Services in Newport Coast dated August 14, 2007 (Contract No. 3942) to automatically terminate as of the effective date of the new Agreement for the Collection, Transportation, Processing and Diversion of Residential Recyclable Materials, Food Scraps, Green Waste and the Collection, Transportation and Disposal of Municipal Solid Waste between the City and CR&R. The extension to, and termination on January 15, 2022 is consistent with the dates in the new draft Agreement for the Collection, Transportation, Processing and Diversion of Residential Recyclable Materials, Food Scraps, Green Waste and the Collection, Transportation and Disposal of Municipal Solid Waste between the City of Newport Beach and CR&R that is scheduled to be considered by the City Council on January 11, 2022. If approved by the Council, the Agreement will go into effect on January 15, 2022. Please call me if you have any questions. 4' . Micah Martin Deputy Public Works Director — Designated Project Administrator Cc: City Clerk City Manager City Council Solid Waste Working Group Chip Monaco, CR&R Inc. Regional Vice President File Chip Monaco Regional Vice President CR&R Inc. 11292 Western Avenue Stanton, CA 90680 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3055 newportbeachca.gov September 21, 2021 Subject: Extension Notice for Residential Solid Waste Collection and Recycling Services in Newport Coast Contract No. 3942 Dear Mr. Monaco, This letter shall serve as an Extension Notice and the City's intent to exercise its option to automatically extend the term of the Residential Solid Waste Collection and Recycling Services in Newport Coast contract (C-3942) to January 1, 2022 (Section 1. Term). Additionally, with this action, the City reserves the right to further extend this contract if desired in the future to the maximum allowed term length in the current contract. Please call me should you have any questions or further discussion on this matter. Thank you, Micah Martin Deputy Public Works Director — Designated Project Administrator Cc: City Clerk City Manager City Council Solid Waste Working Group Kristen Almaraz, Refuse Manager File Dean A. Ruffridge Senior Vice President CR&R Inc. 11292 Western Avenue Stanton, CA 90680 CITY OF NEWPORT BEACH 100 Civic Center Drive, Bay 2D Newport Beach, California 92660 949 644-3334 1 949 644-3308 FAX newportheachca.gov December 9, 2020 Subject: Extension Notice for Residential Solid Waste Collection and Recycling Services in Newport Coast Contract No. 3942 Dear Mr. Ruffridge, This letter shall serve as an Extension Notice and the City's intent to exercise its option to automatically extend the term of the Residential Solid Waste Collection and Recycling Services in Newport Coast Contract (C-3942) to October 1, 2021 (Section 1. Term). Additionally, with this action, the City reserves the right to further extend this contract if desired in the future to the maximum allowed term length in the current contract. Please call me should you have any questions or further discussion on this matter. Thank you, Micah Martin Deputy Public Works Director — Designated Project Administrator Cc: City Clerk City Manager City Council Solid Waste Working Group File AGREEMENT WITH CR&R INCORPORATED i FOR RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES U IN NEWPORT COAST THIS AGREEMENT is made and entered into as of this 14th day of August, 2007, by and between the CITY OF NEWPORT BEACH, a charter City and municipal corporation ("City"), and CR&R Incorporated, a California corporation whose address is 11292 Western Avenue, Stanton, California 90680, ("Hauler"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. On January 1, 2002, City annexed the area referred to as Newport Coast which is depicted on Exhibit A ("Newport Coast"). C. City is planning to hire a waste hauler to provide fully automated curbside refuse collection services for single-family residential properties in Newport Coast ("Project") which will be paid for by the City. D. The principal member[s] of Hauler for purposes of Project shall be Dean A. Ruff ridge, Senior Vice President. E. City has solicited and received a proposal from Hauler and desires to retain Hauler to render residential waste hauling services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 1st of October 2017, unless terminated earlier as set forth herein. The term of this Agreement shall automatically be extended for five (5) additional one (1) year terms (automatic extensions) with the extensions to automatically commence upon the expiration of the initial term or any extended term, unless the City notifies Hauler or Hauler notifies City in writing at least one hundred and eighty (180) days before the end of the initial term or any extended term, of its intent to terminate this Agreement at the conclusion of the initial term or any extension. For purpose of this Agreement the term ("Effective Date") shall refer to October 1, 2007, which is the date that waste collection services are to begin under this Agreement. 2. SERVICES TO BE PERFORMED Hauler shall diligently perform all the services described herein and in the Scope of Services attached hereto as Exhibit B and incorporated herein by reference ("Contract Services"). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Hauler shall perform the services in accordance with the schedule included in Exhibit B. The failure by Hauler to strictly adhere to the schedule may result in termination of this Agreement by City. 4. COMPENSATION TO HAULER A. From the Effective Date, City shall pay Hauler for the Contract Services in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit C and incorporated herein by reference. Annually, upon the anniversary date of the Effective Date, the billing rates set forth on the Schedule of Billing Rates shall be adjusted in proportion to changes in the Consumer Price Index, subject to a three percent (3%) maximum increase per year. Such adjustment shall be made by multiplying the billing rates then in effect by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately one (1) year prior. For example, if the adjustment is to occur effective July 1, 2008, the index to be used for the numerator is the index for the month of April 2008 and the index to be used for the denominator is the index for April 2007. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. The parties hereto expressly agree that the maximum yearly increase shall not exceed three percent (3%). Except as expressly provided herein or in Exhibit C, the Hauler shall be responsible for all other costs and expenses related to Hauler's performance of this Agreement including, but not limited to, the cost of providing additional containers and fees imposed for disposal regardless of increases in landfill disposal and recycling facility costs. Notwithstanding the foregoing, in the event the Orange County Landfill increases disposal fees and/or Hauler is required by the City to divert more than forty percent (40%) of the solid waste collected by Hauler from landfills by City, the Hauler may apply to the City for an increase in the disposal 2 portion of the basic service fee rate, described in Exhibit C, charged to the City. The Hauler shall supply the City with any and all information and documentation requested by the City that the City determines is necessary to analyze the request including, but not limited to, performing an audit and reviewing/verifying Hauler's landfill records and tonnage reports. Hauler and City agree that the decision to increase the disposal portion of the basic service fee rate, described in Exhibit C, charged the City shall be within the sole discretion of the City and the City shall not be obligated to increase the amount charged the City. B. Hauler shall submit invoices for Contract Services provided to City on a monthly basis and all invoices submitted to the City shall be accompanied by a monthly report indicating in detail all Contract Services performed. City shall pay invoices within thirty (30) days after receipt by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Hauler as specified in Section entitled "Notices." 5. INCREASE OR DECREASE IN SCOPE OF SERVICES Hauler shall perform fully automated refuse collection services as requested by the Project Administrator, as described herein and as noted on Exhibit B. The Administrator may give written authorization for additional services up to one thousand dollars ($1,000) per month. 6. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting whether any delay is excusable, or its duration, the value of any extra work done, or any work omitted, or any extra work which Hauler may be required to do, or respecting any payment to Hauler during the performance of the Agreement, such dispute shall be decided by the Project Administrator with any appeal to the City Manager. The City Manger's decision shall be final. 7. REIMBURSEMENT FOR EXPENSES Except as provided in this Agreement and Exhibit C, Hauler shall not be reimbursed for any disposal fees or other costs and expenses unless prior written authorization is obtained from the Project Administrator. 8. LABOR AND PERFORMANCE BONDS Hauler shall furnish, concurrently with the Effective Date of this Agreement, a bond or other instrument satisfactory to the Project Administrator in an amount equal to one hundred percent (100%) of six months of the contract price/amount to be paid under this Agreement in any one year as security for the faithful performance of this Agreement. The Labor and Performance Bond shall remain in effect throughout the term of this Agreement. 9. DISPOSAL OF SOLID WASTE 3 A. Except as expressly provided in this Section, Hauler shall comply with all recycling and diversion requirements imposed by law, ordinance, or regulation on the City and/or Hauler. On a quarterly basis, Hauler shall divert forty percent (40%) of all solid waste collected by Hauler from landfills. In no event shall Hauler deposit sixty percent (60%) or more of the solid waste collected pursuant to this Agreement at any landfill during any calendar quarter. In the event new or additional diversion requirements are imposed by law, ordinance or regulation on City and/or Hauler, the City shall have the right to require Hauler to divert additional solid waste from landfills by providing Hauler with ten (10) days written notice of the new diversion requirements. On or before the 30th day of the month following the end of the previous calendar month, Hauler shall provide all documents and information designated by the General Services Director to prove that Hauler has complied with this subsection, any applicable law, ordinance, regulation, or condition related to recycling and diversion of solid waste. B. Hauler shall dispose of solid waste collected or transported by Hauler only by taking such solid waste to a State certified/licensed landfill, State certified/licensed transfer station, State certified/licensed recycling facility or State certified/licensed materials recovery facility which is lawfully authorized to accept that specific type of solid waste material. Hauler shall not dispose of solid waste by depositing it on any land, (except a permitted facility) whether public or private, or in any river, stream or other waterway, or in any sanitary sewer or storm drainage system. Nothing in this Agreement shall be deemed or construed as authorizing Hauler to operate a landfill, recycling center, or other solid waste disposal facility. C. All solid waste, in addition to recyclables, collected by Hauler shall become the property of Hauler upon placement by the customer for collection. If Hauler violates the terms in Section 9(A) and Section 9(B) above, Hauler agrees that the City has the future right to direct that solid waste be delivered to a permitted disposal facility designated by City. This exercise of "flow control" by the City shall be made upon at least 30 days prior written notice to Hauler, and written notice shall include the violation(s) prompting the City's action regarding "flow control." Failure to comply with the recycling/diversion requirements and delivery/disposal of materials to a certified/licensed facility shall be a material breach of this Agreement. D. Hauler shall implement a load check program that includes, at a minimum, a visual check of all containers to be emptied to protect against inclusion of hazardous waste and shall prepare a written record of all hazardous waste discovered during the process. The records shall comply with all State and Federal Hazardous Waste Regulations, shall be maintained for the length of the term of the Agreement, and shall be provided to the City on or before the 15th day of the month following the end of the previous calendar month. 10. REPORTS 0 A. Hauler shall submit to City monthly reports setting forth any complaints (e.g. written or oral comments received by Hauler expressing dissatisfaction with Hauler or any services provided by Hauler that relate in any manner to this Agreement); the total amount (in tons) of solid waste which Hauler collected in the City of Newport Beach during the reportable month; the total weight (in tons) of solid waste disposed of by Hauler at landfills and transfer stations which Hauler collected in the City of Newport Beach during the reportable month; the total weight and the weight by material category (in tons) of solid waste disposed of by Hauler at recycling and materials recovery facilities during the reportable month which Hauler collected in the City of Newport Beach; the name and location of all solid waste and recycling facilities where City of Newport Beach materials were delivered; and such other tonnage or other information as requested by the General Services Director including, but not limited to, weigh tickets and recycling records. Such monthly reports shall be prepared on such form as required by the General Services Director. In addition, on a quarterly basis, the Hauler shall submit to the City any equipment, terminal safety, employee safety and inspection reports, citations, records and other documents for all Hauler's operations and activities that relate in any way to this Agreement including, but not limited to, periodic California Highway Patrol biennial terminal inspection reports; vehicle citations; California Highway Patrol Incident reports; citations issued to drivers/operators; other citations issued to the Hauler or its employees; California Occupational Safety and Health Administration 300 reports; and Lead Environmental Agency inspection/compliance reports. Each quarterly report and accompanying reports/citations shall be submitted on or before the 15th day of the month following the end of the quarter (i.e. report due January 15 for first quarter after the Effective Date) and submitted to: General Services Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 B. Hauler shall comply with all recycling and diversion requirements imposed by law, ordinance, or regulation on the City. Monthly reports stating the total amount (in tons) of solid waste which Hauler landfilled, recycled and collected should accurately reflect a forty (40%) diversion rate as required by the City. At the end of each quarter, monthly reports will be evaluated for AB939 compliance. Failure to comply with the recycling and diversion requirements shall be a material breach of this Agreement. 11. VEHICLES, EQUIPMENT AND SERVICES A. Any and all containers provided to customers of Hauler for storage, collection or transportation of solid wastes shall meet the requirements designated by the General Services Director as well as State of California minimum standards for solid waste handling established under Public Resources Code Section 43020 and applicable health requirements. The I: General Services Director shall have the right to approve the color of containers, manufacturer of containers, and lettering and decals used on containers. Hauler shall repair or replace any container which is damaged, broken, lost or stolen with a container approved by the General Services Director at no cost to the City. B. All containers and all vehicles used by Hauler in the performance of solid waste handling services shall be marked with Hauler's name and telephone number in letters which are easily read by the general public. All solid waste containers used in the performance of this Agreement shall be kept clean and in good repair to the satisfaction of the General Services Director. C. Equipment. 1. The vehicles used pursuant to this Agreement shall have the name of the Hauler, the Hauler's local telephone number, and a unique vehicle identification number for each vehicle prominently displayed on all collection vehicles. The vehicles shall also display a statement as to the type of alternative fuel being used. 2. The Hauler shall use alternative fuel vehicles approved by the South Coast Air Quality Management District for fully automated refuse collection services. Vehicles shall meet all requirements specified per AQMD Rule 1193. Vehicles used for collection services must be fully automated side -loading refuse trucks, using a fully mechanized arm to pick up and dump automated waste collection containers. Drivers should not exit the vehicle to assist with securing the containers to, or lifting the containers into, the refuse collection truck. Hauler shall, at all times, provide such number of vehicles and such equipment as will be adequate for the collection, transportation and disposal services which it is authorized to provide under this Agreement. All vehicles utilized by Hauler in the performance of this Agreement shall be registered with the California Department of Motor Vehicles. All vehicles shall pass the required periodic California Highway Patrol biennial inspection of the terminals ("BIT"). Within fifteen (15) days of the BIT inspection, Hauler shall provide records from all of the terminal(s) responsible for the maintenance and repair of equipment used in the City. All vehicles and equipment used by Hauler in the performance of this Agreement shall be subject to inspection by the City upon twenty-four (24) hours notice by the General Services Director. All vehicles shall be properly maintained, kept clean and in good repair, and shall be uniformly painted. All drivers employed by Hauler and operating equipment in the City shall be properly licensed for the class of vehicle they drive, enrolled in the Department of Motor Vehicles Employee Pull Notice (EPN) program, and abide by all State and federal regulations for driver hours and alcohol and controlled substances testing. 3. Each vehicle shall be so constructed and used in a manner so that no rubbish, garbage, debris, oil, grease or other material will blow, fall, or 0 leak out of the vehicle. All solid waste shall be transported by means of vehicles which are covered in such a manner as to securely contain all solid waste and to prevent such solid waste from projecting, blowing, falling or leaking out of the vehicles. Any solid waste dropped or spilled in collection, transfer or transportation shall be immediately cleaned up by Hauler. A broom and a shovel shall be carried at all times on each vehicle for this purpose. Should a hydraulic or other type of material spill occur as a result of collection services, Hauler shall notify the City within 1 hour. Hauler shall not transfer loads from one vehicle to another on any public street or private roadway, unless it is necessary to do so because of mechanical failure or damage to a collection vehicle which renders it inoperable and the vehicle cannot be towed. In addition, each collection vehicle shall be equipped with trash bags, masking tape and notice of non -collection tags for the purpose of separating hazardous waste for return to the generator. A communications device such as a two-way radio or a cellular telephone shall also be maintained on each vehicle at all times. 4. Hauler shall not store any vehicle or equipment on any public street, public right-of-way or other public property in the City of Newport Beach without obtaining a Temporary Street Closure Permit from the Public Works Department and prior written consent of the General Services Director. 5. Should the General Services Director at any time give written notification to Hauler that any vehicle does not comply with the standards hereunder, the vehicle shall be promptly removed from service by Hauler and not used again until inspected and authorized in writing by the General Services Director. 6. All vehicles used in performance of this Agreement shall be maintained and operated in conformance with all applicable laws, statutes, rules and regulations. In performance of this Agreement, the issuance of four (4) or more vehicle, driver/operator or other citations that relate in any way to this Agreement within a 12 month period shall be deemed to be breach of this Agreement. D. Quarterly reports setting forth information regarding Hauler's vehicles and equipment shall be prepared on such form as required by the General Services Director. Each quarterly report shall be submitted on or before the 15th day of the month following the end of the previous calendar quarter. E. Litter Abatement: Hauler shall use due care to prevent any waste material collected pursuant to this Agreement from being spilled or scattered during the collection or transportation process. If any waste material is spilled, hauler shall promptly clean up all spilled materials whether on private or public property. Hauler shall clean up existing litter in the immediate vicinity of any collection container (including the areas on private and public property where collection containers are delivered for collection) whether or not Hauler has caused the litter. 7 12. ADMINISTRATION This Agreement will be administered by the General Services Department. The General Services Director, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 13. CITY'S RESPONSIBILITIES To assist Hauler in the execution of its responsibilities under this Agreement, City agrees to, where applicable, provide access to and upon request of Hauler, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Hauler's work schedule. 14. STANDARD OF CARE, WORKMANSHIP, SUPERVISION A. The Hauler shall provide a work force sufficient to perform the Contract Services and all members of the work force shall be hired in compliance with State and Federal law. B. All Contract Services shall be performed by competent and trained employees. Hauler represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and trained personnel who are not employed by City, nor have any contractual relationship with City. Hauler hereby certifies that all work performed under this Agreement will conform to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. C. The work force shall include thoroughly skilled, experienced, and competent supervisors who shall be responsible for adherence to the terms of this Agreement by directly overseeing the Contract Services operations. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). An order given to supervisory personnel shall be deemed delivered to the Hauler. Hauler shall provide City with a designated supervisors name(s) and shall notify the City of the name of any successor within ten (10) days of change in supervision. D. All Hauler personnel working in Newport Coast shall be neat in appearance and in uniform. E. Hauler represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Hauler to practice its profession. Hauler shall maintain a City of Newport Beach business license during the term of this Agreement. F. Whenever Hauler has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Hauler shall immediately give notice to the City and any and all relevant information. In the event of a labor dispute which delays or impacts the performance of Contract Services, the City reserves the right to use its own forces or to contract with other haulers to perform the Contract Services. The City and Hauler agree that it will be deemed a breach of this Agreement if Hauler cannot provide full Contract Services seven (7) days after services have been impacted or delayed as a result of a labor dispute. G. Hauler shall attend meetings, special events and public meetings as requested by the City. Hauler shall provide all necessary and appropriate personnel to attend each meeting and any requested promotional material so that the topics on the agenda can be addressed fully and completely. 15. CUSTOMER PRIVACY Hauler shall strictly observe and protect the rights of privacy of customers. Information identifying the contents and composition of a customer's containers shall not be revealed to any person, governmental unit, agency or company, unless authorized by the customer or by order of a court of law, or by statute. This provision shall not be construed to prohibit Hauler from preparing, participating in, or assisting in the preparation of solid waste characterization studies, waste stream analyses that may be required by any law or regulation, in preparing or assisting in the preparation of any reports/audits required pursuant to this Agreement, or providing any information required to be provided to City by other provisions of this Agreement or that is necessary for City to comply with any law or regulation. Hauler shall not market or distribute customer mailing lists to any party except the City. 16. CUSTOMER SERVICE SURVEYS The Hauler shall conduct customer service studies to help the City evaluate performance. Prior to the Effective Date, the City shall provide a list of questions that shall be used in the customer service survey. At the Hauler's expense, the Hauler will prepare and mail a survey form/card to each Newport Coast residence serviced by Hauler pursuant to this Agreement. All survey forms and cards will be mailed directly from the resident to the City at the Hauler's expense, via business reply mail. The City shall share the results of the survey with the Hauler. Upon receipt of the results from the initial survey, City and Hauler will meet and mutually determine the future service levels to be incorporated into the contract as a contract condition and enforced under the provisions of this agreement. The customer service survey shall be repeated at the completion of 6 (six) months from the Effective Date, and every year thereafter to determine whether the Hauler is meeting the agreed contract performance requirements., 17. INDEPENDENT CONTRACTOR It is understood that City retains Hauler on an independent contractor basis and Hauler is not an agent or employee of City. The manner and means of conducting the work are under the control of Hauler, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Hauler or any of Hauler's employees or agents, to be the agents or employees of City. Hauler shall have the responsibility for and control over the means of performing the work, provided that Hauler is in compliance with the terms of this Agreement. 18. COOPERATION Hauler agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Hauler on the Project. 19. CITY POLICY Hauler shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 20. HAZARDOUS WASTE A. General. Hauler shall be aware of, and comply with, all laws and regulations relating to the handling and transportation of Hazardous Substances, as defined in Section 22, including those requiring training and documentation. If Hauler observes any substances which it believes to contain a Hazardous Substance within the City, including but not limited to in containers designed for waste Hauler shall not collect such Hazardous Substance but shall immediately notify the appropriate regulatory agencies and the City. B. Notice to Customers. Hauler shall notify all Customers at least once a year in writing by mail of: (i) the prohibition against the Disposal of Hazardous Substance in authorized containers and (ii) the obligation of each customer to provide for the proper handling and disposition of Hazardous Substance. To the extent that Hauler has actual knowledge of the existence of such Hazardous Substance in a container placed for collection, Hauler shall not collect such container. Hauler shall, prior to leaving the location where such Hazardous Substance has been observed, leave a tag at least 2" x 6" which informs the customer why the collection was not made and lists the telephone number for the Orange County Department of Environmental Management. 10 C. Hauler to Segregate and Dispose. In the event Hauler inadvertently collects any Hazardous Substance and during the course of transportation and disposition becomes aware that it has collected such Hazardous Substance, Hauler shall segregate Hazardous Substance, and shall arrange for its transport and Disposal to a properly permitted Recycling, treatment or disposal facility of Hauler's choosing at Hauler's sole expense. Hauler shall be solely responsible for the transport and disposition of all Hazardous Substance that is collected by the Hauler. Hauler will cooperate with City attempts to locate and collect the costs of such transport and disposition from the responsible customer. D. Operating Procedures and Employee Training. Hauler shall establish, implement and maintain written operating procedures designed to ensure Hauler's utilization of techniques generally accepted in the waste hauling industry for cities of the size and nature of the City of Newport Beach, to handle and dispose of Hazardous Substance and its compliance with the provisions of this Section. Hauler shall establish, implement and maintain an employee training program and shall ensure that employees responsible for the identification of Hazardous Substance are fully trained. Hauler shall maintain documentation which describes the training received by its employees. 21. INSURANCE REQUIREMENTS Without limiting Hauler's indemnification of City, Hauler shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Hauler shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of the Agreement. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 11 1. Workers' Compensation Coverage. Hauler shall maintain Workers' Compensation Insurance and one million dollars ($1,000,000) Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Hauler that relates in any way to this Agreement. 2. General Liability Coverage. Hauler shall maintain commercial general liability insurance in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Hauler shall maintain automobile insurance covering bodily injury and property damage for all activities of the Hauler arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than five million dollars ($5,000,000) combined single limit for each occurrence. 4. Pollution Liability Coverage. Hauler shall maintain Hauler's environmental liability insurance with limits in an amount of not less than One Million Dollars ($1,000,000) per occurrence and annual aggregate covering claims for on -site, under -site, or off -site bodily injury and property damage and regulatory fines as a result of pollution conditions arising out of its operations under this Agreement. E. Endorsements. Each general liability, automobile liability and pollution liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Hauler. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Hauler's operations or services provided to City. Any insurance maintained by City, including any self -insured retention City 12 may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Hauler shall give City prompt and timely notice of claim(s) made or suit instituted arising out of or resulting from Hauler's performance under this Agreement. G. Additional Insurance. Hauler shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 22. RESPONSIBILITY FOR DAMAGES AND INJURY/INDEMNIFICATION A. Hauler Responsibility. Hauler shall be responsible for any damages caused as a result of Haulers acts or omissions including, but not limited to injuries to or death of any person or damage to public and/or private property and damages public improvements as a result of Haulers placement and retrieval of the solid waste containers. 1. City shall refer complaints about damage to private property, including common areas in common -area subdivisions, to Hauler. Hauler shall promptly repair, or arrange for the repair of, all damage to private property caused by its employees at Hauler's sole expense. 2. Hauler shall use commercially reasonable efforts to prevent damage to all streets over which its collection equipment may be operated, and Hauler shall obtain all required approvals for operation of its Collection vehicles on private streets. 3. Hauler shall use commercially reasonable efforts to prevent spills of fuel, fluids (such as oil, hydraulic fluid, brake fluid, etc.) on streets, and if such a spill occurs, Hauler shall within 1 hour notify the City (including the Director of General Services or his/her designee) and all proper 13 regulatory authorities of said spill and release of fluids, and shall clean, at Hauler's expense, the spilled fluids in coordination with, and to the satisfaction of, City and applicable regulatory agencies. Upon a release of such fluids, the driver shall immediately park the vehicle and it shall remain parked until the leak is repaired. In such event Hauler shall not park the leaking vehicle within two hundred (200) feet of a storm drain and shall utilize absorbent, sand bags or other appropriate means to prevent leaking fluids from entering storm drains. In the event of any type of spill or other emergency, Hauler shall be responsible for securing the immediate safety of the vehicle driver, all other employees of Hauler and all persons and property in the surrounding vicinity. B. General Indemnification. Hauler shall indemnify, hold harmless, and defend City, and each of its past, present and future elected officials, officers, employees, agents, consultants, volunteers, affiliates, assignees, representatives, attorneys, subsidiaries, and affiliated entities and their respective successors, heirs and assigns (collectively, "Indemnified Parties") for, from and against any costs, expenses, damages, and losses, including actual attorneys fees ("Losses") of any kind or character to any person or property arising directly or indirectly from or caused by any of the following: (i) any act or omission of Hauler or its respective officers, directors, shareholder members, partners, employees, agents, contractors, subcontractors, suppliers, representatives and affiliates ("Hauler Representatives"); (ii) Hauler's or Hauler Representative's activities; (iii) any accident or casualty within or arising out of the services/work performed under the Agreement; (iv) any violation or alleged violation of any law, ordinance or statute now or hereafter enacted arising out of services/work performed pursuant to the Agreement; (v) the negligence or willful misconduct of Hauler or any of Hauler Representatives in the performance of the services/work under the Agreement; and (vi) any breach of the Agreement. Hauler shall not be required to indemnify, hold harmless and defend the Indemnified Parties from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Hauler. C. Hazardous Substances Indemnification. Hauler shall indemnify the Indemnified Parties from and against all claims, actual damages including, but not limited to, special and consequential damages, natural resource damage, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity of any kind whatsoever paid, incurred or M suffered by, or asserted against, the Indemnified Parties or Hauler arising directly or indirectly from or caused by any of the following: (i) the violation of any Environmental Laws or the failure to clean up and mitigate the consequences of the spill or release of any Hazardous Substance; and (ii) Hauler's activities under this Agreement concerning any Hazardous Substance at any place where Hauler stores or disposes of solid or hazardous waste pursuant to this Agreement, or preceding Agreements between City and Hauler. The foregoing indemnity is intended to operate as an agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act 42. U.S.C. Section 9607(e) and any amendments thereto; California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify City from liability. As used herein, the term "Environmental Laws" shall mean "any and all present and future federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment or any "Hazardous Substance" or "Hazardous Substance Activity" (as defined herein) (including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, the term "Hazardous Substance" shall mean "any (a) chemical, compound, material, mixture or substance that is now or hereinafter defined or listed in, or otherwise classified pursuant to any Environmental Law as a "hazardous substance", "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant," or any other formulation intended to define, list or classify substances by reason of deleterious properties or affect and (b) petroleum, petroleum by-products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste, steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources." D. AB939 Indemnification. Hauler agrees to meet the diversion requirements set forth in Section 9A of this Agreement and all requirements of City's Source Reduction and Recycling Element as to the portion of the solid waste stream handled by Hauler. Hauler agrees to protect, defend, indemnify, and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board, or other entity, arising from the failure of Hauler to meet the diversion requirements set forth in Section 9 A of this Agreement and the Integrated Waste Management Act diversion requirements with respect to the portion of the solid waste stream collected by Hauler. 15 E. Notice. City agrees to give notice to Hauler when the City receives a claim for damages or other liability for which Hauler has provided indemnification under this Section. 23. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Hauler, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Hauler is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Hauler. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 24. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Hauler. Assignments of any or all rights, duties or obligations of the Hauler under this Agreement will be permitted only with the express written consent of City. Hauler shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 25. CONFIDENTIALITY All documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 26. INTELLECTUAL PROPERTY INDEMNITY The Hauler shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement. 27. RECORDS A. Hauler shall maintain a complete and accurate books and other business records with respect to the costs incurred under this Agreement including any labor and disposal costs incurred under this Agreement, any Contract Services performed under this Agreement, and any expenditures and/or disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Hauler under this Agreement. All such records shall be clearly identifiable. All Hauler's books and other business records, or such part as may be used in performance of this Agreement, shall be subject to inspection and audit by authorized City representative during regular business hours upon two (2) 16 business days notice. Hauler shall allow inspection of all work, data, records, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Hauler under this Agreement. The Hauler shall be responsible for all audit and other costs and expenses incurred that relates in any way to audits performed by the City to verify that Hauler is in compliance with the terms and conditions of this Agreement including, but not limited to, the auditing of facility recycling records, diversion statistics, landfill rate increases, vehicle records, and safety records. B. No report, information or other data given to or prepared or assembled by hauler pursuant to this Agreement may be made available to any individual or organization without prior approval by City unless such disclosure is required by law or court proceedings. 28. WITHHOLDINGS City may withhold payment to Hauler of any disputed sums until satisfaction of the dispute with respect to such payment provided that City notifies Hauler in writing as soon as possible specifying the reason for such withholding. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Hauler shall not discontinue work as a result of such withholding. Hauler shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Hauler shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 29. CITY'S RIGHT TO EMPLOY OTHER HAULERS Hauler shall have an exclusive right to provide the Contract Services under this Agreement. City reserves the right to employ other haulers in connection with the Project if Hauler breaches any term or condition of this Agreement and the contract is terminated per Section 33. 30. CONFLICTS OF INTEREST The Hauler or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Hauler shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Hauler shall indemnify and hold harmless City for any and all claims for damages resulting from Hauler's violation of this Section. 17 31. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Hauler to City shall be addressed to City at: Attn: Mark Harmon General Services Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3055 Fax: 949-650-0747 All notices, demands, requests or approvals from CITY to Hauler shall be addressed to Hauler at: Attention: Dean A. Ruffridge, Senior Vice President CR&R Incorporated 11292 Western Avenue Stanton, California 90680 Phone: (714) 826-9049 Fax: (714) 890-6347 32. LIQUIDATED DAMAGES Failure of the Hauler to strictly comply with each and every term and condition of this Agreement will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Hauler and City agree that any violations of the terms and conditions of this Agreement shall be corrected within the time frame set forth by the City, in its sole discretion, in the City's written Notice of Deficiency. For each and every violation noted in the Notice of Deficiency that is not corrected within the time frame set forth in the Notice of Deficiency, Hauler shall pay to the City, or have withheld from moneys due it, the sum of $250 per calendar day. Execution of the contract shall constitute agreement by the Hauler and City that $250 per calendar day is the minimum value of the costs and actual damage caused by failure of the Hauler to comply with any term or condition of this Agreement, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Hauler. 33. DEFAULT/TERMINATION If either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required by the terms or conditions of this agreement„ or if no time is given within 10 days of written notice, that party shall be deemed in default in the performance of this Agreement. If City in its sole discretion determines that more than ten (10) calendar days are reasonably required to cure the default and Hauler fails to give adequate assurance of due performance within ten (10) calendar days after receipt of written notice of default that specifies the nature of the default and the steps necessary to cure the default, and thereafter diligently take steps to cure the default, the City may terminate the Agreement forthwith by giving Hauler written notice of the termination.. 34. COMPLIANCE WITH ALL LAWS Hauler shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. Hauler shall conform to all applicable provisions of State and Federal law including, applicable provisions of the California Labor Code and the Federal Fair Labor Standards Act. In addition, all work performed by Hauler shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 35. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 36. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 37. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 38. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 39. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Hauler and City and approved as to form by the City Attorney. 1�� 40. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 41. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 42. EQUAL OPPORTUNITY EMPLOYMENT Hauler represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 20 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Aaron C. Harp, As istant City Attor y for the City of Newport Beach ATTEST: By' LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Y: Ma`�br Steven RosanpKX for the City of Newpo ach HAULER; in (Corporate Office Title:_ pI q .11�1-�� �� I Print Name: d/Au L D Officer) Title: G ec-c> Print Name: `ice c-� VL4.4 vr_b Attachments: Exhibit A — Newport Coast Map Exhibit B - Scope of Services Exhibit C — Schedule of Billing Rates 21 Exhibit B Refuse Contract Services 1.) Within 10 calendar days of the execution of this Agreement, Hauler shall develop a detailed Implementation Plan to be approved by the City which shall set forth the steps Hauler will take, and the schedule on which Hauler will take them, to prepare for commencement of collection operations as provided in the Agreement. The Implementation Plan shall set forth Hauler's schedule (shown on a week -by -week basis) for preparing customer relations materials including, but not limited to, a written notification of transition of services mailer which is to be mailed by Hauler at Hauler's cost and expense at least 30 days prior to the transition of services to Hauler and distributing new containers to all customers. Hauler shall bear all costs and expenses associated with preparing the Implementation Plan and notifying customers regarding the transition of services to Hauler. The City and Hauler agree that Hauler may use Los Trancos Canyon View Park (Lower) parking lot from September _, 2007 to September , 2007 as a staging area for assembly and distribution of containers. 2.) Hauler shall provide weekly residential curbside refuse collection, recycling and disposal services to single-family residences in the Newport Coast Area annexed on January 1, 2002 by the City as depicted on Exhibit A beginning October 1, 2007. 3.) The Hauler will handle all resident inquiries or complaints of service in an expeditious manner. 4.) The Hauler shall provide a bulky item pickup twice per year for each single-family residence with a limit of 4 items per request, at no cost to the City. Bulk Item collection requests shall be collected within 1-week of call and scheduled for the same day as refuse and recycling collection. 5.) The Hauler shall provide fully automated solid waste and recyclable material containers for residential customers at no additional cost to the City. The automated solid waste container will have suitable handles and wheels, tight -fitting covers for holding garbage without leakage or escape of odors; and be constructed of watertight metal or plastic. All refuse and recycling containers shall be 90 gallons, unless the resident requests a smaller size. If a customer requests a smaller size container, the smaller size container shall be provided within fourteen (14) calendar days. The minimum size of the containers shall be 35 gallons. The City shall not be charged by Hauler for any cost or expense related in any way to providing the containers, for changing the size of the containers, and/or for repairing or replacing any container which is damaged, broken, lost or stolen. 6.) The weekly basic service will consist of providing service for two individual automated style containers, one for refuse and one for recyclable materials, and all collection, disposal and other services related in any way thereto. At the request of the residential customer, Hauler shall provide an additional recyclable container and, on a weekly basis, all collection, disposal and other services related in any way thereto at no additional cost to the City. 7.) If requested by any residential customer serviced by this Agreement and approved by the City in writing, Hauler shall provide an additional refuse container and, on a weekly basis, all collection, disposal and other services related in any way thereto. Subject to the limitations set forth in this Section, City agrees to pay the cost of services related to the one additional refuse container and services provided to residential customers in the amount set forth in Exhibit C, Section 2. Hauler and City agree that in no event shall the total number of additional refuse containers for which the City is to incur any charges, costs or expense including, but not limited to, costs and expenses associated with providing the extra containers or service related thereto, exceed ten percent (10%) of the number of residential accounts in the Newport Coast Route subject to this Agreement (e.g. if there are currently 4,000 residences in the Newport Coast Route, the maximum number of additional containers that the City may be charged for is 400 containers.) Hauler shall bear all costs and expenses associated with providing additional containers or service in excess of the ten percent (10%) cap. 8.) Collection schedule will remain the same as existing schedule unless agreed upon between City and Hauler in writing. The Hauler will collect solid waste and recyclable materials at intervals not less than once per week. Collection of solid wastes and recyclable materials may not commence earlier than 7:00 a.m. and will stop no later than 6:30 p.m. each collection day. The collection days for Newport Coast are currently done Monday, Tuesday, Wednesday and Friday and will not be changed without City approval. In no event shall the City approve a request to collect on Saturday or Sunday unless authorized by the City's General Services Director. No change to the current schedule will be considered with less than 60 days notice to the City. The City shall only make changes to the existing schedule if the City, in its sole discretion, determines that the proposed change in the schedule increases the level of service or has no impact on the level of service being provided. 9.) Hauler shall provide curbside collection of Christmas trees on the first two regularly scheduled collection days for each home after Christmas Day at no cost to the City. 10.) When notified of a missed pick-up, Hauler shall collect all containers missed by 5:00 P.M. of the following business day. 11.) Hauler shall use due care when handling containers. Containers shall not be thrown from trucks, roughly handled, damaged or broken. Containers shall be returned to the collection point upright, with lids properly closed. Hauler shall ensure that its employees close all gates opened by them in making collections, unless otherwise directed by the customer, and avoid crossing landscaped areas and climbing or jumping over hedges and fences. 12.) The Hauler shall keep data on the origin and tonnage of solid waste collected in the Newport Coast area. The Hauler shall provide to the city, on a monthly basis, the following information in a format supplied by or approved by the General Services Director: A. The tonnage of Solid Waste collected by the gross number of tons collected each month. B. The origin and tonnage of solid waste that is actually delivered to the designated landfill each month. C. The weight of recyclable materials collected in the Newport Coast area and delivered for recycling. D. The facility to which each type of recyclable material or recovered material is delivered by the Hauler. E. Total weight, by type of material, of glass, aluminum, plastic, paper, cardboard, concrete, dirt, asphalt, green waste, lumber and white goods collected monthly. F. Any other information reasonably requested by the City to meet State or Federal regulatory reporting requirements of the City's Source Reduction and Recycling Element (SRRE), as it may be amended from time to time. Exhibit C Refuse Billing Rates 1.) Except as provided in Exhibit C, Section 2, Compensation for all Contract Services shall be $10.89 per residence per month. The monthly rate of $10.89 per residence is composed of a base service fee component of $8.22 and a disposal fee component of $ 2.67. 2.) In addition to the monthly rate of $10.89 per residence, City will pay for extra automated containers for refuse collection as requested by individual residents in the amount of $1.00 per resident request per month, subject to the express limitations set forth in Exhibit B, Section 7. The City and Hauler agree that said amount shall cover all costs and expenses related to providing the additional container and all services related thereto. 3.) City franchise fees pursuant to NBMC Section 12.63.070 shall be waived, but only for the Contract Services provided in this agreement. 4.) The City will be billed in arrears by the Hauler on a monthly basis. 5.) The monthly compensation per residence shall be increased on October 1, 2008, and every 12 months thereafter to reflect any increase in the Consumer Price Index as stated in Section 4 of the agreement. �a N G - VC) CONTINUATION CERTIFICATE The GREAT AMERICAN INSURANCE COMPANY as surety on Bond No. 1623367 issued on behalf of CR&R INCORPORATED in favor of CITY OF NEWPORT BEACH continues said bond in the amount of THIRTY THREE THOUSAND SEVEN HUNDRED THIRTY FIVE and no/100s dollars ($33,735.00) for the period beginning the 9TH day of JULY 2010, and ending on the 9TH day of JULY 2011, subject to all covenants and conditions as set forth and expressed in said bond. This continuation certificate is executed upon the express condition that the Company's liability under the said bond and this and all continuation certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the bond in force at the time of default. Dated at Pasadena, Califomia this 12th day of July 2010. GREAT AMERICAN INSURANCE COMPANY B,10 100 arg T. Thorsen, Attomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT State of California County of Los Angeles On JUL 1 2 Zclo Date before me, Donna Mac Lellan, Notary Public N"18 Fwre Bert N1e an6 1tle d the personally appeared M argareta_ T. Thorsen Nerne(B) d $rgr4.Y(B) DONNA MAC LELLA I COMM13E1on / 18P4271 Notary Public - KV 4Los Ange es Couiniyoie z Comm. Ezplrifs Dec 2t 2012 > who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herRheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. oreceNotarySealAbove Signature SfM - � OPTIONAL Though the information below is not required by law, it may prove valuable ro persons retying on the document and could prevent fraudulent removal and reaffachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporals Officer — Tit)e(s): C] Partner — p Limited ❑ General XX Attorney in Fact ❑ Trustee Top of ttx•nb here C3 Guardian or Conservator Q Other: Signer Is Representing: Number of Pages: Signer's Name:. O Individual ❑ Corporate Officer — Titte(s): ❑ Partner — ❑ Limited 0 General _ ❑ Attorney in Fact • F1 Trustee Top d thumb here fa Guardian or Conservator rJ Other: Signer Is Represenfing: 162007 N.lil wl Notary Aaea�iatOn• rj350 C„ Sao Aw, PO 01 2402 -Char 1rI1y,CA 91713.2402• ww v NalvinaINWaryorg (reel •5907 Reader: CUB Toa- Free I 410 87&6a27 GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 . 513-366-000 * FAX 513-723-2M The number of persons mo thorized by this power of attorney is not more than TWO No. 014113 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio; does hereby nominate, constitute and appoint the person or persons named below, card individually if more than one hs named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JOHN P. BROOKS MARGARETA T. THORSEN Address BOTH OF ARCADIA, CALIFORNIA Limit of Power BOTH 575,000,000.00 This Power of Attorney revokes all previous powers issued in behalf of die attorneys}ire-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate ofTioers and its corporate seal hereunto affixed this 5m day of, FEBRUARY , 2010. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAV1DC.K1TCKN (st3-4iZ-4M) On this 5" day of FEBRUARY , 2010, before me personally appeared DAVID C. KITCHIN, to me known being duty sworn deposes and says that he resides in Cimfttnai; Ohio, that he is the Divisional Senior Vice Presider[ of the Bond Division of Gass American Insurance Compauty, the Company described in and which executed the above instrurnerd; that he knows the seal of the said Company-, that the seal ad1'ixed to the said instrument is such oosponue seal; fiat it was so affixed by authority of his ofllice under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attormy is granted by authority of the following resolutions adopted by the Bound of Directors of Great American Insurance Company by written consent dated March 1, 1993. RESOLVED: Thou the Division President, the DNtsfon Senior k1jce President, the several Dtvfstonal Pict Presidents and Divisional.lssb%ani riche Presidents. or any one ojthen% be and hereby is authorbed. ftam lime to rime, to appoint one or more 4ttoriurys-m-Fact to execute on behalf of the Company, as worry, any and all bonds, roidertmtmgs and contracts ojsure0%*. or other written obltgarkwu in the nature thereof to prescribe their respecave dines and the respective !imus of their authority; and to revoke any such appointment at any time. RE50LVW FURTHER That the Company seal and the signature ofmry of the aforesaid o89cen and any Secretary or AsiWant Secretary of the Company may be tf sued by facsimile to any power ojauomey or ctert&aw of eufter gprn jor the execution t f airy, bond under &&brg: contract or suretyship or other written obligation in the nature thereof, such signature and .real when so used being hereby adopted by the Company as the orighwl signature of such officer and the orWnal seal of the Company. to be valid and binding upon the Company with the same force mrd e, ci as ihoi gh mmwaUy tg9"wed CERTTFICATION I, STEPHEN C. BERA NA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of lune 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of, J U L 1 2 1G10 81029Y (1 WM CONTINUATION CERTIFICATE The GREAT AMERICAN INSURANCE COMPANY as surety on Bond No. 1623367 issued on behalf of CR&R INCORPORATED in favor of CITY OF NEWPORT BEACH continues said bond in the amount of THIRTY THREE THOUSAND SEVEN HUNDRED THIRTY FIVE and no/100s dollars ($33,735.00) for the period beginning the 9TH day of JULY 2008, and ending on the 9TH day of JULY 2009, subject to all covenants and conditions as set forth and expressed in said bond. This continuation certificate is executed upon the express condition that the Company's liability under the said bond and this and all continuation certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the bond in force at the time of default. Dated at Pasadena, California this 18th day of June 2008. GREAT AMERICAN INSURANCE COMPANY B Mar. re . Thorsen, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES DONNA MAC LELLAN, NOTARY PUBLIC On before me, , Date Here Insert Name and Title of the Officer personally appeared MARGARETA T. THORSEN Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to 77�be the person(s) whose name(s) is/are subscribed to the DONNA MAC LELLAN within instrument and acknowledged to me that COMITlisSiOn M17 1529221 he/she/they executed the same in his/her/their authorized i;" "1}»' Notary Public — California y capacity(ies), and that by his/her/their signature(s) on the Los Angeles County instrument the person(s), or the entity upon behalf of MY COMM. Expires Dec 21, 2008 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 02007 National Notary Association - 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 WITNESS my hand and official seal. ao,� I f4k-, )� Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General �tl Attorney in Fact • ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 14123 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomeyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the linit stated below. Name Address Limit of Power JOHN P. BROOKS BOTH OF BOTH MARGARETA T. THORSEN PASADENA, $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixedthis 2nd day of, AUGUST , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this 2"d day of AUGUST , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such off cer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and scaled this S 1029T (11/01) day of, JUN 18 20083 , CONTINUATION CERTIFICATE The GREAT AMERICAN INSURANCE COMPANY as surety on Bond No. 1623367 issued on behalf of CR&R INCORPORATED in favor of CITY OF NEWPORT BEACH continues said bond in the amount of THIRTY THREE THOUSAND SEVEN HUNDRED THIRTY FIVE and no/100s dollars ($33,735.00) for the period beginning the 9TH day of JULY 2005, and ending on the 9TH day of JULY 2006, subject to all covenants and conditions as set forth and expressed in said bond. This continuation certificate is executed upon the express condition that the Company's liability under the said bond and this and all continuation certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the bond in force at the time of default. Dated at Pasadena, California this 5th day of May 2005. GREAT AMERICAN INSURANCE COMPANY Margare . Thorsen, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss, County of LOS ANGELES MAY 5 2005 On , before me, DONNA MAC LELLAN, NOTARY PUBLIC , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MARGARETA T. THORSEN , Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence MAC LELLAN 1529221 to be the person(s) whose name(s) is/are 1duluq i'ublic— California subscribed to the within instrument and Los Angeles County acknowledged to me that he/she/they executed �a My Comm. Expires Doe 2t,2008 the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ." Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General A Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nallonalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513.369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 14123 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of Ilse laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its t•uc and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalt'of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN P. BROOKS BOTH OF BOTH MARGARETA T. THORSEN PASADENA, UNLIMITED CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be sighed and attested by its appropriate officers and its corporate seal hereunto affixed this 4th day of, JUNE , 2004. Attest GREAT AMERICAN INSURANCE COMPANY 1>.ci.cGnu.1'r, rilur�' On 1cm..r l": Pn�cidw STATE OF OHiO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513.3693811) On this 4th day of JUNE , 2004, before me personally appeared DAViD C. KITCHIN, to me known, being dully sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, file Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal aftixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. BERRY NOTARY PUBLIC, STATE OF OHIO�1 r� r 00, My Commission Expires 02-16.09 �( This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, fr•orrt time to time, to appoint one or more Attorneys -in -Fact to erectue on behalf of the Company, as surety, may and all bonds, undertakings and contracts ofsnretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or• Assistant Secre-tay of the Company cony be affixed by facsimile to any power of attorney m• certificate of eithergiven for the arecution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seryl when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually af/iserl. CERTIFICATION I, RON ALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 5th dayof, May , 2005 29T(11101) CONTINUATION CERTIFICATE The GREAT AMERICAN INSURANCE COMPANY as surety on Bond No. 1623367 issued on behalf of CR&R INCORPORATED in favor of CITY OF NEWPORT BEACH continues said bond in the amount of thirty three thousand seven hundred thirty five and no/100s dollars ($33,735.00) for the period beginning the 9th day of July 2003, and ending on the 9th day of July 2004, subject to all covenants and conditions as set forth and expressed in said bond. This continuation certificate is executed upon the express condition that the Company's liability under the said bond and this and all continuation certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the bond in force at the time of default. Dated at Pasadena, California this 11th day of June 2003. GREAT AMERICAN INSURANCE COMPANY We Marg.Treot. Thorsen, At orney-in-Fact STATE OF California COUN7Y OF Los Angeles June 11, 2003 , before me, Emily Preciado, Notary Public PEILSONAL1,YAPP1,,ARED Margareta T. Thorsen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he%she/they executed the same in his/her/their authorized capacity fies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 147TNESS my hand and official seal. Signature EMILY PRECIA00 Commission 01361gol Z •�cio a. ;'" Notary Public — Cslifomla Los Angeles Caur�ty MY Comm. Expims Jun 20, 2008 This area for Oficial Notarial Seal OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ---------- ------------ _ ..........................-----•--------•--------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL VI ATTORNEY-IN-FACT ❑ TRUSTEE(S) U GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI1 pEs) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT 'v -"°`'"`V'°"") ALL-PURPOSE ACKNOWLEDGEMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No. 014123 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MARTHA J. CHASE ALL OF ALL JOHN P. BROOKS PASADENA, UNLIMITED MARGARETA T. THORSEN CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of September, 2QO2 Attest GREAT AMERICAN INSURANCE COMPANY 3i ipeL; � STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 19th day of September, 2002 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. MAUREEN DOUGHERTY y NOTARY PUBLIC, STATE OF 01110 E .0 MY COMMISSION EXPIRES 00-12-06 0(Ct4LA_Q_V___ Q__ V CA This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, fi-om time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary orAssistant Secretary of the Company maybe affixed by facshnile to any power of attorney or certificate of eithergiven for the execution of any bond, undertaking, contract or suretyship, or otter written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the sane force and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 11th 8 1029T (11/01) day of June 2003 GREAT AMERICAN INSURANCE COMPANY Renewable Performance Bond Bond No. 6338693 KNOW ALL MEN BY THESE PRESENTS: That CR&R Incorporated (hereinafter called the Principal), and GREAT AMERICAN INSURANCE COMPANY, 580 Walnut Street, Cincinnati, Ohio 45202 (hereinafter called the Surety), are held and firmly bound unto City of Newport Beach (hereinafter called the Obligee), in the full and just penal sum of Two Hundred Fifty Thousand & no/100s ($250,000.00 ) dollars to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee for Residential solid waste transfer services & material processing & recycling which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein with annual renewal at Surety's discretion: and NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified during the term of this bond, and shall pay over, and make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of Principal, then this obligation shall be void otherwise to be and remain in full force and effect. PROVIDED, however, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning July 1, 2008 and ending July 1, 2009 2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to actual excess costs of the contract up to the termination of this bond. The Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Owner as soon as practicable after the amount is determined, tender payment therefore to the Owner, or find an acceptable principal to complete the contract. This bond does not provide coverage to any indirect loss or costs incurred by the Obligee including, but not limited to legal fees, court costs, expert fees or interest. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of the stated term of this bond. 4. 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, not withstanding any language in the contract to the contrary. 5. The bond may be extended for an additional year at the option of the Surety, by Continuation Certificate executed by the Surety. 6. This bond shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated herein. 7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee named herein and this bond cannot be assigned to any other party without the written consent of the Surety. Signed and sealed this 5th day of June 20 08 GREAT AMERICAN INSURANCE CO. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 6/5108 before me, DONNA MAC LELLAN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARGARETA T. THORSEN Name(s) of Signer(s) DONNA MAC LELLAN Commission # 1529221 Z Z P Notary Public — California D L•' • `; =" Los Angeles County \� Ivty Comm. Expires Dec 21, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Tom/ mo' - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — F1 Partner — ❑ Limited ❑ General �1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 14123 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomeyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN P. BROOKS BOTH OF BOTH MARGARETA T. THORSEN PASADENA, $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorneys}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixedthis 2 a day of, AUGUST , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this 2"d day of AUGUST , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HA YES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this r, th S 1029T (11/01) dayof,JUrie 2008 r�r State of California ) CALIFORNIA ALL-PURPOSE County of OrtWo ) CERTIFICATE OF ACKNOWLEDGMENT On it, Y) 16 , 2.CvK before me, I6111I�Coen , LC i-1ry 1'Cil�iL (h e insert name and title f the officer) personally appeared ail�vrc�1 •d(. �(�11��FG7'�E'Y6� who proved to me on the basis of satisfactory evidence to be the persons. -whose nameW isLai:e subscribed to the within instrument and acknowledged to me that he/&]�y executed the same in hisAier4ag4 authorized capacity(ie9), and that by his 4efAheir signature( -s} on the instrument the person( },...or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i V OPTIONAL INFORMATION KIM U. NGUYEN COMM. # 1695859 z Z ' "� » ° NOTARY PUBLIC - CALIFORNIA_ ORANCE COUNTY My Comm. Exi;;,es Sept. 26; 2010 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of WC11 i' mell(icc(O alp CO containing pages, and dated C7(' Ip 51).2 cm The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: LD form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) El 0 Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10/07. To re -order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com American Motoris,.i Insurance Compat'><,, KEMPER. Bond Number: 3SM 983 721 00 Continuation Certificate for Bonds which Definitely Expire IN CONSIDERATION of the sum of Three Hundred Thirty Seven and No/100ths Dollars, ($337.00) the Undersigned company hereby continues in force its Contract Performance Bond number 3SM 983 721 00 in the amount of Thirty Three Thousand Seven Hundred Thirty Five and No/100ths DOLLARS ($33,735.00) on behalf of C R & R Incorporated and in favor of City of Newport Beach, CA, as Obligee, for the period beginning at 12:01 a.m. of the 9th day of July, 2001 standard time at t11e address of the Obligee above given, and ending at 12:01 a.m. of the 8th day of July, 2002 standard time at the said address, subject to all covenants and conditions as set forth and expressed in said bond heretofore issued, effective on the 9th day of Julv, 2000. This Continuation Certificate is executed upon the express condition that the Undersigned company's liability under said bond and under this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the amount of said bond as hereinbefore set forth. Current editions of forms will be substituted at each renewal date for the earlier editions if revised during the previous policy term, and if the company extends or renews the policy designated in the certificate. SIGNED, SEALED, DATED: October 1, 2001 American trance Company (Surety) By: KeAna D. Conrad, Attorney In Fact In DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 l onnnuaeon CeruIicate- U1-31.0Ldot , CALIFORNIA ALL-'UR1Q`Q,E�ANQ�ViigDGME)VT'�� State of California County of Los Angeles On 0if' (� ) 1011 A. Melendez Notary Public NAME TITLE OF OFFICER personally appeared KeAna D. Conrad NAME OF SIGNER ®Personally known to me - OR -❑ :•eeeeeeeeeNeeMeeeebeeleeeeeeeeeee: Q A. MELENDEZ G COMM. #1256236 A R goTARYPUBUC-CALIFORNIA S LOSANMBCMyr COMM. Fight Ma�O W o ioeoeeeeeeeeeeoeoeooeeeann�o9oeeeeooe proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand Aid official seal. Y) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER F] INDIVIDUAL CORPORATE OFFICER F] TITLE(S) F] PARTNER(S) n LIMITED F] GENERAL ® ATTORNEY-IN-FACT DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 0 C T 0 1 2001 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ........................................ American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates TRUSTEE(S) GUARDIAN/CONSERVATOR F] OTHER DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 0 C T 0 1 2001 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ........................................ American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates IVEMPER. Home Office: Long Grove, It. 80049 POWER OF ATTORNEY Know At Men By These Prosent,: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutua, Insurance Company corporations organized and existing under the laws of the State of Ilinols, having their principal office in Long Grove. Illinois, (hereinafter collectively referred to as the 'Company') do hereby appoint KeAna D. Conrad of Los Angeles, California•'•"000"*40*0.090*' their true and lawful agents) and attomey(3)4n-fact, to make, execute, seal. and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1.000000.00)"••.•N1..••t...»NNN..e«.«N.NM�....«.....«....��� EXCEPTION: NO ALI HORITY Is panted to make, exectle, seat and delver any bond or undertakkq which puaranteee the payment or c llecdon of any promissory note. check. draft or letter of credR •' This authority does not permit the same obltgadon to be split Into two or more bands In order to bring each such bond within the dollar WNt of authority as set forth herein. , This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shalt be as btndkp upon the salt Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officersat their principai office in Long Grove. Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31.2001 This Power of Attomey Is executed by authority of rescludons adopted by the Executive CommIttess of the Boards of Directors of the Company on February 23. ION at Chicago. Illnots. true and accurate copies of which aro heminalter set forth and aro hereby certified to by the • undersigned Secretary as being in fled force and effect: 'VOTED. That the Chairman of the Board. the President, or any Vlos President. or their appointees designated in writing and Bled with the Secretary. or the Secretary shad have the power and authority to appoint• agents and attorneys-irncck and to sutllortze them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakkgs, recogNzances, contracts of kidetndty and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed. sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duty called and held on the 23rd day of February, 1988: 'VOTED, That the signature of the Chairman of the Board, the President,, any Vice President, or their appointees designated In writing and filed with the Secretary. and the signature of the Secretary, the seal of the Company, and certifications by the Secretary. may be affixed by facsimile on any power of attomey or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached. shall continue to be valid and binding upon the Company.' In Testimony Whereof, the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, this July 7, 2000. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company CR • 166%44 r104 *SlAt ll ' t +Y1VIN�` Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President STATE OF ILLINOIS SS COUNTY OF LAKE 1, Irene Viewer. a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known 10 m* to be the same persons whose names are respectively as Exec. Vice President and Secretary of the Lumbermens Mutual Casualty Company. the Aa»ricen Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. Corporations organized and existing under the laws of the State of minas• subscribed to the foregoing Instrument• appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed. sealed with the corporate seals and delivered the said Instrument as the free and voluntary act of sold oorporalions and as their own free and voluntary acts for the uses and purposes therein set foM. My cornmisslon expires 1-26-02 AAAAAAAAAAAAA t 'OFFI CULL SEAV t Ir•M 1U•hhireP � No"ruelle. state oflanele uM c«niii1owen /•Maes ion W. on Ile, TTTTTTTTTTTTT Irene Rower. Notary Public CERTIFICATION 1. J.K Conway. Corporate Secretary of the Lumbennens Mutual Casualty Company. the American Mobrlsts Insurance Gxnpany, and the American Manufacturers Mutual Insurance Company. do hereby verity that the attached Power of Attorney dated July 7.2000 on behalf of the pomw(s) as Isted above is a true and correct copy and that the same has been In ddl bree and *Meet sine Qa dabs thereof and is In U fora and *Med on the date of Vft certlAeale; and 1 do f'urlh*r cw* eat the sold J. S• Kemper. 111 and Rob*rt P. Marra*, who exearled aro Power of Attorney as ExeaAve Via AeW&tI and Secretary aapoWv* were on the dale of the eooeotatfon of the altadad Poway of Attonr*y` the duly elected &Act ve Via Proddent •and S*erotoryof the Ltrntbwiliwns' IiAulwl t:atttalbl Comperq. are Nrnrlan Motorbb lnarranbs Company. and the /lmadcon Montfb i ers Mutuai Irtouwce Company . IN TESTIMONY WHEREOF. I lave herounto subscribed my name and afted the corporate s*al of the Lurnbermens WWII Casually Company. the American Motorists insurance Company, and tel American Manufacturers Mutual IMMOD Company on 111118 "t• ti 0 C T . •... J. K Ct*rway, Corpar�le 3suetary This Power of Attorney omits the acts of !hoes named thimoln to the trorids and urdermWngs spedAcW nomad. therein and they have no outhadly to bind ihs Company except in the mamer and to the extent herein stated. FK 0982 8.98 Printed In U -SA Power of Attomey • Term American Motoris.-P Insurance Compan, ICEMPER. PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number: 3SM 983 72100 Premium: $337.00 CORRECTED ORIGINAL PUBLIC WORKS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, C R & R, Incorporated as Principal, and American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, authorized to transact Surety business in the State of California as Surety are held and firmly bound unto City of Newport Beach, as Obligee, in the sum of Thirty Three Thousand Seven Hundred Thirty Five and No/100ths DOLLARS ($33,735.00) ',awful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated July 3, 1996 with said Obligee to do and perform the following work, to wit: Refuse Removal and Related Services From July 9, 2000 to July 8, 2001 *Any extension to this term will require the consent of the surety and will more fully appear in contract, reference to which is hereby made. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of said contract this bond shall be null and void, otherwise it shall remain in full force and effect. SIGNED, SEALED, DATED: July 9, 2000 C R & R, Incorporated (Principal) By: American otorists Insurance Company \(Surety) By.; , 1 —" A. ark n, ttorney In Fact DIRECT CORRESPONDENCE TO: 01 LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 Public Works Performance Bond - I 1-02-98dot ICeR1PLR. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint Christina A. Clarkson of Los Angeles, Califomia their true and lawful agent(s) and attorney(s)-in-fad, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified belpw, unless sooner revoked for and on its behalf as surety, and as their ad and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attomey is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this April 13, 1998. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company .`+°WV �•`yi rr KrL Iry , ae i.sta I�y.n e 1 t! t ezroII a `/ 411 two= m0 SIAL cavoeanox a v �F' y� �► F]. F' � � I�e�l�T !°er a� Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President CALIFORNIA ALL-PURPOSE ._,.KNOWLEDGMENT State of California County of Los Angeles On J U t 0 9 A. Melendez Notary Public NAME TITLE OF OFFICER personally appeared Christina A. Clarkson NAME OF SIGNER ®Personally known to me - OR -❑ os•o••o••oa•o•eoeo••o•••aoo•oo•oo•no. 3 A. MELENDEZ G G COMM. #1256236 A R NOTARY PUBLIC - CALIFORNIA S SLOS ANGELES COUNTY 2 o My Comm. Expires M&vh 10, 2004 • o••••o•o•oe•eoeooee000eo•••o�••••oo•, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. and official seal. ATURE OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company American Manufacturers Mutual Insurance Company Lumbermens Mutual Casualty Company Lou Jones & Associates DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES J U L 0 9 2000 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of I_./�.✓r-G� On Afd,.04dl , before me, 1,4 0 yOS.N�'y r�� ?�Orty�d 9., Date _ Name and Title OT Officer (e.g., 'lone 115e, Notary Pum) personally appeared LINDA ROSNEY UDRIS _4t Commission # 1232041 Z Notary Public - California �7 Orange County My Comm. Expires Aug 16,2003 : Name(s) of Signer(s) )epersonally known to me tory eWdertce to be the personf,,a') whose nam) is/are subscribed to the within instrument and acknowledged to me that he/lshe4ey executed the same in his4+e4°reir authorized capacity{tei+ and that by his4te�r signature on the instrument the persor4(K, or the entity upon behalf of which the personfra'j acted, executed the instrument. WITNESS my hand and official seal. "m wo�" Place Notary Seal Above Si nature of Notary blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .. of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827