#09-5260 (ABM Janitorial Services)
A G R E E MEN T #09-5260
for
T anitorial Services
THIS AGREEMENT, made and entered into on this 13 i'" day of
a- -f-c; b u,- . 2009, by and between ABM Janitorial Services-Southeast,
LLC, authorized to do business in the State of Florida, whose business address is 3260 NW
23rd Avenue, #100, Pompano, Florida 33069, hereinafter called the "Contractor" and Collier
County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
October 1, 2009 and ending on September 30, 2011.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall perform county wide janitorial
services in accordance with the terms and conditions of Bid #09-5260 and the
Contractor's proposal referred to herein and made an integral part of this agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated maximum amount of one million three hundred eighty-
three thousand fifty-three dollars and ninety-four cents ($1,383,053.94), based on the
unit prices set forth in Exhibit A attached hereto and made a part hereof, subject to
Change Orders as approved in advance by the County in writing.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
Page I of?
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
ABM Janitorial Services-Southeast, LLC
3260 NW 23rd Avenue, #100
Pompano, Florida 33069
Attention: Mark Hawkinson, Sales Manager
Telephone: 954,974-3636
Facsimile: 954-974-5388
Email: knelson@one-source.com
All Notices from the Contractor to the County shall be deemed duly served if mailed,
faxed or emailed to the County to:
Collier County Government Center
Purchasing Department, Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
Email: stevecarnell@colliergov.net
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
Page 2 01'7
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
Page 3 of7
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Facilities Management Department.
13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, Performance Bond, Bid #09-5260
Specifications/Scope of Services, and Addendum.
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board
of County Commissioners.
16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more
of the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/ or
Page 4 of7
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
17. IMMIGRATION LAW COMPLIANCE: By executing and entering into this
agreement. the Contractor is formally acknowledging without exception or stipulation
that it is fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately.
18. VENUE: Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. ADDITIONAL ITEMS/SERVICES: Additional items and/ or services may be added
to this contract upon satisfactory negotiation of price by the Contractor and Contract
Manager.
21. DELETION OF ITEMS/SERVICES: The County, in its sole judgment, may delete
facilities and adjust prices accordingly based upon the prevailing contract square foot
price. If the deletion of the facilities creates a decrease in revenue of ten percent (10%)
or more to the Contractor, pricing will be renegotiated between the Contractor and
Contract Manager.
The deletion of tasks and/ or frequency of tasks will be negotiated between the
Contractor and Contract Manager.
22. ASSIGNMENT, SUBLEASE, SALE, etc.: Should the Contractor sell or sublet this
contract or any part thereof to any person or entity other than the awardee, the Board
of County Commissioners shall be notified in writing immediately upon the transfer
of ownership. The assignment of this contract or any part thereof, shall require that its
assignee be bound to it and to assume toward the Contractor, all of the obligations and
responsibilities that Contractor has assumed toward the County. In the County's best
interest, and at its option, the service/ commodity may be re-bid, delivering a sixty (60)
day written notice to the new owner(s).
23. BACKGROUND CHECKS: Contractor shall be responsible for the costs of providing
background checks for all employees that shall provide services to the County under
this contract. This may include, but not be limited to: checking federal, state and local
Page 5 01'7
law-enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. The
results of these checks will be kept on file by the Collier County Security Section until
the total completion of the project.
24. PERFORMANCE BOND: The Contractor shall provide the County with a
Performance Bond in the amount of one million three hundred eighty-three thousand
fifty-three dollars and ninety-four cents ($1,383,053.94) for the term of the contract and
any renewals thereof.
25. SUBSTITUTE PERFORMANCE: If, in the opinion of the Contract Officer, any part of
the Contractor's performance becomes unsatisfactory, the County reserves the right to
notify the Contractor. Upon notification, the Contractor will within two (2) hours
initiate corrective tangible action (on-site) in any specific instances of unsatisfactory
performance and/or any emergency situations.
The County shall have the immediate right to complete the work to its satisfaction,
through the use of County employees or outside contractors as deemed necessary, and
shall immediately deduct from the Contractor's monthly invoice an amount figured by
the Deductions Formula or $100.00, (for lack of service and/ or lack of response) at the
Contract Officer's discretion, plus actual cost to correct.
26. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a
good faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before
an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of
any settlement reached at mediation to County's board for approval. Should either
party fail to submit to mediation as required hereunder, the other party may obtain a
court order requiring mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST: .
Dwight E. l3fo~tl:,C\~,of Courts
~:ted~&L~G'( .
AtW~ to drIlI1~i ,
.t..... ~.J\','
BOARD OF COUNTY COMMISSIONERS
COLLIER ~O~NW, FLORID; _
By: /ji~?n.tV ~~
Donna Fiala, Chairman
ABM Janitorial Services-Southeast, LLC
Contractor
L!L, [.0:1 Dc.l1.l1i..fi t~tJ}.L.
First Witness
By:
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Signature
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Second Witness
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f'imS-tcOJ7er B BOll vIe ,.- !10/L,ftc/,'L+
Typed 'signature and title Sf C re +iLY"/
Approved as to form and
legal sufficiency:
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AGGi~la"t'County Attorney
b-of.Jy
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Print Name
Page 7 of7
EXIIffiIT A
Bid Tabulation Sheet
Janitorial Services as listed in the scope of services within this document $.09724
(Not including Parking Garages). Please provide your price as an annual cost Der
souare foot.
Total Building Square Footage 1,412,466 X Annual Building Cost (sq.ft. $1.373.411.64
cost multiplied by total square footage)
Main Campus Parking Garage #1 Janitorial Services as listed in the scope $2.085.00
of services within this Document (note the required cleaning services are.
Please provide your price as an annual cost.
Main Campus Parking Garage #2 Janitorial Services as listed in the scope $2.085.00
of services within this Document. Please provide your price as an annual
cost.
Vanderbilt Beach Parking Garage Jan~orial Services as listed in the scope $3.932.00
of services within this Document. Please provide your price as an annual
cost.
CDES Parking Garage #1 Janitorial Services as listed in the scope $1.470.00
of services within this Document. Please provide your price as an annual
cost.
Subtotal Garage Costs Parking Garage #1, Parking Garage #2, Vanderbilt $9.572.00
Beach Parking Garage and CDES Parking Garag6l
Total Annual Costs (Annual Garage Costs + Annual Building Cost) $1.382.983.64
Reduction. Alternate Price.
Total Annual Cost reduction of Paper Towel Products if removed from $37.000.00
Contract. Note: this is a potential subtractive cost, but should be included in the
annual costs above.
Total Annual Cost reduction if all facilities are cleaned on a 3 day schedule. $177.634.56
As previously noted, certain parks, health care and library facilities have
additional days outside of the 3 day schedule of all other facilities (excluding
garages). Note: this is a potential subtractive cost, but should be included in the
annual costs above.
Additional Service.
Services outside the annual contract pricing may be necessary or required $14.50/hr -
and shall be billed at the following time and material rates (Note: the rates ReQular
below are not required to be reflected in the previously listed prices for $18.95/hr - O.T.
scheduled services, only spot cleanings or other special cleanings. All
pricing above should already include costs of materials, etc. No additional
markups shall be administered.)
Material % Markup 10%
Hourly labor rate $14.50
Subcontractor % Markup 30%
ITS 09--5260 Janitorial Services
R.v~ed:ApnI2009
3
AB679877
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVY)
12/7/2009
PRODUCER Commercial Lines - (415) 541-7900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wells Fargo of California Insurance Services Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
45 Fremont Street, Suite 800
San Francisco, CA 94105-2259 INSURERS AFFORDING COVERAGE NAIC#
INSURED ABM Janitorial Services-Southeast, LLC INSURER A: ACE American Insurance Company 22667
110 West Columbus Drive INSURER B: ACE Property & Casualty Ins, Co. 20699
INSURER c: Indemnity Insurance Company of North America 43575
INSURER D: Hartford Fire Insurance Co. 19682
Tampa. FL 33602 INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POL.ICV NUMBER PD~+i~:~i~8~\E p~~fJ I~':'IX~N LIMITS
A ~NERAL.lIABIL.lTY XSLG23742317 11/01/2009 11/01/2010 EACH OCCURRENCE $ 2,000,000
X COMMERCIAL GENERAL L.lABiLlTY DAMAGE TO RENTED $ 2,000,000
I CLAIMS MADE [8] OCCUR MED EXP (Anyone person) S Excluded
2<,- $1,000.000 SIR PERSONAL & ADV INJURY S 2,000,000
2<,- XCU GENERAL AGGREGATE $ 2,000,000
~'~ AGG~EnE L.lMIT APAS PER: PRODUCTS. COMP/OP AGG $ 2,000,000
X POLICY j~gT LaC
A ~TOMOBIL.E L.lABIlITY ISAH08245009 11/01/2009 11/01/2010 COMBINED SINGLE LIMIT $
X ANY AUTO (Eaaccidenl) 3.000,000
-
X ALL OWNED AUTOS
- BODILY INJURY $
SCHEDULED AUTOS (Per person)
-
X HIRED AUTOS BODILY INJURY
- $
-"-. NON-OWNED AUTOS (Peraccidenl)
- PROPERTY DAMAGE $
(Peraccidenl)
=i~GE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY' AGG $
B :fJ~SSlUMBRELLA LIABILITY XOOG24903382 11/01/2009 11/01/2010 EACH OCCURRENCE $ 5,000,000
X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
$
~ ~EDUCTIBLE S
X RETENTION $ 25.000 S
C WORKERS COMPENSATION AND WLRC44348457 11/01/2009 11/01/2010 x I T~~VS;r,~J.~~ I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE $1,000,000 Incident EL EACH ACCIDENT S 2,000,000
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE S 2,000,000
If yes, describe under Deductible Limit
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT S 2,000,000
OTHER
A Excess Auto ISAH0830175A002 11/01/2009 11/01/2010 $2,000,000 Limiled Each Accidenl
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Branch #1903
Job #51200263
Job Site: 3301 E. Tamiami Trail, Naples, FL 34112
Collier County is named as additional insured under the general liability as required by written contract.
Ten Da Notice tor Non-Pa ment
CERTIFICATE HOLDER
CANCELLATION
y
y
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ~MAIL ~ DAYS WRITTEN
Colliers County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,~:so<sNX.l(K
Board of County Commissioners 1~)()8()l~~:A'GEtR'.&<<lRX
3301 E. Tamiami Trail ,Hi~S;ll.all.~
Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~ ~
ACORD 25 (2001/08) 1 of 2 1008004
@ ACORD CORPORATION 1988
OTHER Coverage (Continued from Page 1)
INSR TYPE OF INSURANCE
LTR
POLICY NUMBER
EFFECTIVE DATE
(MMfDDNY)
EXPIRATION DATE
(MMfDDNY)
LIMIT
D Employee Dishonesty/Fidelity
OOFA024632B09
11/01/2009
11/01/2010
$1.50Q,OOO Each Occurrence
$250,000 Deductible
A Garage Keepers Legal Liability ISAH08245009 11/01/2009 11/01/2010 S3,OOO,OOOLimit
$1,OOQ,OOODeduclible-Comp&
Collision
Garage Liability XSLG23742317 11/01/2009 11/01/2010 $1,000,000 Limitl$150,OOO
Deductible
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25.S (2001/08) 2 of 2
#S915260/M91 S043
CONTINUATION
CERTIFICATE
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
, Surety upon
a certain Bond No.
104966455
dated effective
October 1, 2007
IMONTH.DA Y. YEAR)
on behalf of
ABM JANITORIAL SERVICES. SOUTHEAST. LLC
(PRINCIPAL)
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
(OBLIGEE)
and in favor of
does hereby continue said bond in force for the further period
beginning on 9/30/2009
(MONTH-DAY.YEAR)
and ending on 9/30/2010
(MONTH-DAY. YEAR)
Amount of bond $2.144,446.00
Description of bond Janitorial Services. Agreement #07.4126
Premium: $ 15.011.00
PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision
that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative
and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults
committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed
the amount of said bond as hereinbefore set forth.
Signed and dated on 8/3/2009
IMONTH.DA y. YEAR}
AVELERS CAS
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On AUG 03 2009 before me, M. Gonzales. Notary Public,
personally appeared Simone Gerhard who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/~ subscribed to
the within instrument and acknowledged to me that Ae/she/tRey executed the
same in Ais/her/~ authorized capacity(ies), and that by Ais/her/~
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.
r~-~~~"~~'~~~~(~~~1
(,') COMi"l # 1600728 ~
!I NOTARY PUl{lIC Gf,15()RNIA (j)
I '-os ANGEL ES COUNTY ....I.
t~;c~.~;:,-:~_.;,~~.;~,~:~~:~~C::~~~
'f}1 }j~'l
M. Gonzale
....
TRAVELERSJ
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVAL1D WITHOUT THE RED BORDER
Farmington Casualty Compan:r
Fidelity and Guaranty Insurance Compan)'
Fidelity and Cuaranty Insurance Underwriters. Inc.
Seaboard Surety Com pan)'
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
219442
S1. Paul {;uardian Insurance Company
81. Paul Mercury Insurance Company
Travelers Casualt,y and Surety Company
Travelers Casualt:y and Surety Com pan}' of America
United States Fidelit}, and Guaranty Company
Crrtifira'rNo. 002799079
KNOW ALL MEN BY THESE PRESENTS: That Seaho<.lrd Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company. St. Paul Guardian Insllrano..' Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that l-'armington Casuully Company, Travelers Casualty and Surety Company, and Travclers Casually and Surety Company of America are
corporations duly organized under the laws of the Slate of Connecticut that United States Fidelity and Guaranty Company is a l'Orporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is:l corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the '"Companies"), and that
the Companies do hereby make, constitule and appoint
E, S. Albrecht Jr., Lisa L. Thornton, C, K, Nakamura, Maria Pena, Tracy Aston, Marina Tapia, Brenda Wong, Michael R, Mayberry, KD Conrad, Joyce
Herrin, Simone Gerhard, and Noemi Quiroz
of the City of 10.. Anee:le:.. , State of r~liforni~l ."'_,_,,_____~__ ,their true and lawful Attorney(s)-in-Fad,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings requircd or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have l'aused this instrument to be signed and their corporate seals to be hereto affixed, this
day of ~ntJa,I)I____ _ 2009
28th
Farmington Casualt}' Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance lJuderwriters, Inc.
Seaboard Suret}' Compan}'
St. Paul Fire and Marim' Insurance Compan)'
e
~
~
~,
"1'OF~~
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Compan}'
St. Paul Mercur.y Insurance Company
Travelers Casualty and Suret)' Company
Travelers Casualty and Surd)! Compan,y of America
United States Fidelity and Guaranty Compan}'
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I $;"~~OR4;~\c-;,\
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X'...;.:.~EAL./.i'
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By
On this the 28th __ day or January 2009 ,before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President 01 Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters.
Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surely Cmnpany of Arnerica. and United States Fidelity and (iuaranty Company. and that be. as such. being
authorized so 10 do, executed the foregoing instrument for the purposes therein contained by signing on bch:lll of thc corporations by himsclr as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and otficial seaL
My Commission expires the 30th day of June, lOll
58440-5-07 Printed in U.S.A.
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Tclrcault. NOTary Puhli<:
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BOADER
This Power of Attorney is granted under and by the authority of the following resolut~l1ls adopted hy the Boards of Directors of Farmington Casualty Co~pany, Fidelity
and Guaranty lnsumnee Company, Fidelity and Guaranty Insurance Underwriters. Inc.. Seab;Jard Surety Company, SI. Paul Fire and Marine Insurance Company,
SI. Paul Guardian Insurance Company, Sr. Paul Mercury Insurance Company, Trave]ers Casually and SurNY Company. Travelers Casualty and Surety Company of
America. and United Slates Fidelity and Guaranty Company, which resolutions are now in full force antI effect, reading as follO\vs:
RESOLVED, that the Chairman, the President, any Vicc Chairman. any Executive Vice President. any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certiticate of authority may prescribe to sign with the Company's name and seal with the
Company's seal honds, recognizances. contracts of indemnity, and other writings ohligatory in [he nature of a hondo recngni/.ance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED. that the Chairman. the Prcsident. any ViLe Chairman, any Executive Vice President. any Scnior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the offiLe of the Secretary; and it is
FURTHER RESOLVED, that any hond. recognizanLe. contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed hy the Presidl'nt. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President. {he Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal hy a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attomeys-in-Fact and Agents pursuant 10 the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED. that the signature of each of the following officers: President. any Exewtive Vice PresidenL. any Senior Vice President. any Vice President,
any Assistant Vice President. any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile 10 any power of attorney or 10 any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys~in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings ohligatory in the nature thereof. and any' sllch power o!" attorney or certificate hearing such facsimile signature or facsimile seal shall
be valid and hinding upon the Company and any such pO\\/cr so executed and certitied by such facsimile signature and facsimile seal shall he valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson. the undersigned, Assistant Secretary, of Farmington Casualty Cmnpany, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters. Inc, Seaboard Surety Company, Sl. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance
Company. Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed hy said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ____~_ day of
AlKi 0 3 2009
,20
Kori M. Johans(
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To verify the authenticity of this Power of Attorney, call I-HOO-421-3HHO or contact us at
ahove-named individuals and the details of the bond to which the power is attached.
www.travelersbond.com. Please refer to the Attorney-In-Fact number. the
: THI P WER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER