Performance BondBOND NO: B10024691
EXHIBIT E
FORM OF PERFORMANCE BOND
YARD WASTE PROCESSING SERVICES
FOR MONROE COUNTY, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: that Energy Three, LLC - 1997 Annapolis Exchange
Parkway, Suite #300, Annapolis, MD 21401 as Principal, hereinafter called Contractor, and
Aegis Security Insurance Company as Surety, hereinafter called Surety, are held firmly bound
unto the COUNTY OF MONROE, FLORIDA as Obligee, hereinafter called the County, in the
amount of not less than, $795,000.00 Seven hundred ninety five thousand and no cents/dollars,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated _, 20_, entered into an Agreement
with the County for providing Yard Waste Processing Services in accordance with the Agreement
of MONROE COUNTY, FL, which Agreement is by reference made a part hereof, and is
hereinafter referred to as the Agreement. "The term of this bond is from April 30, 2016 to April
29, 2017. Subsequent renewals solely at the discretion of the Surety must be provided sixty (60)
days prior to the expiration of the term."
(1) Surety shall furnish a performance bond in the amount as noted above unless an otherwise
lesser amount is specified by Obligee. This Performance bond shall be reviewed annually by
Surety and subsequent renewals are approved solely at the discretion of the Surety. It is further
expressly understood and agreed that the aggregate liability of the Surety regardless of the
number of years the bond is continued and the number of premiums paid, is limited solely to the
penal sum of said bond as stated above.
(2) Neither non -renewal by Surety in such case or the inability of Principal to file a replacement
bond shall constitute a loss to the Obligee recoverable under this bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor
shall promptly and faithfully perform said Agreement, then this obligation shall be null and
void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the County.
Whenever Contractor shall be, and declared by the County to be in default under the
Agreement, the County having performed the County's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly perform one of the following:
Page 1 of 2
BOND NO: B10024691
1.Complete the Agreement in accordance with its terms and conditions.
2. Obtain a bid or bids for completing the Agreement in accordance with the terms and
conditions, and upon determination by the Surety of the lowest responsible bidder,
or if the County elects, upon determination by the County and the Surety jointly
obtain a bid or bids for completing the Agreement in accordance with the terms and
conditions, and upon determination by the Surety of the lowest responsible bidder, or
if the County elects, upon determination by the County and the Surety jointly of
the lowest responsible bidder, arrange for an agreement between such bidder and the
County, and make available as work progresses (even though there should be a
default or a succession of defaults under the Agreement or Agreement of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the Agreement price; but not exceeding, including costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the Agreement price," as used in this
paragraph, shall mean the total amount payable by the County to Contractor under the
Agreement and any amendments thereto, less the amount properly paid by the
County to Contractor.
Any suit under this bond must be instituted before the expiration date of the Agreement or if
extended for an additional term by the County, the expiration of the extended term.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the County named herein or the executor, administrator or successors of the County of.
Signed and sealed this 30th day of April, 2016.
(Witness)
Energy3, LLC (Seal)
(Principal)�A
By: [ f C U ;z
C0 a
(Title)
(Witness) Aegis Security Insurance Compaq (Seal)
(Surety)
Patrick J. Lynch, At., Attorney -in -Fact
Page 2 of 2
SURETY ACKNOWLEDGEMENT
State of New Jersey
ss:
County of Morris
On this 30th day of April, 2016 , before me personally comes
Patrick J. Lynch, Jr. to me known; who, being by me duly sworn, deposes and says
that he/she resides in Landing, that he/she is the Attorney -in -Fact of the
Aegis Security Insurance Company the Corporation described
in and which executed the foregoing instrument; that he/she knows the seal of the
said Corporation; that the seal affixed to the said instrument is such Corporate seal; that
it was so affixed by the order of the Board of Directors of the said Corporation, and that
he/she signed his/her name thereto by like order.
I
(Signature & Title o Official Taking Acknowledgment)
AILEEN G. MACDONALD
Notary Public
State of New Jersey
My commission Expires Dec. 18, 2019
THIS POWER NULL AND VOID IF NUMBER IS NOT IN RED
POWER CERTIFICATE NO. NJ 129
AEGIS SECURITY INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and
appoint: PATRICK J. LYNCH, BRENDAN A. GETHINS, JR., MICHELE CHARETTE, PATRICK J. LYNCH, JR.
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar
nature as follows: $5 MILLION
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
the Company on the 4th day of February 1993.
"Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in
charge of surety operations shall each have authority to appoint individuals as Attorney -in -Fact or under other appropriate titles with
authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in
the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On
any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or
fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or
undertaking."
"Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or
Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto,
appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting
bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and
facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these
presents to be signed by its President this 121h day of November, 2015.
AEGIS SECURITY INSURANCE COMPANY
B Y :
DARLEEN J. FRITZ W 1877
President
Commonwealth of Pennsylvania }
} s.s.: Harrisburg
County of Dauphin }
On this 121h day of November, 2015, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and
say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the
above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order.
Qom. �. L
REBECCA LIDDICK
Notary Public
My Commission Expires July 25, 2017
I, the undersigned, Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY
that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the
Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 30THday of APRIL, 2016
/412' (001
q;p OPATESEDEBORAH A. GOOD ;rvn9 �MSecretary
AEGIS SECURITY INSURANCE COMPANY
STATUTORY STATEMENTS OF ADMITTED ASSETS, LIABILITIES AND CAPITAL AND SURPLUS
DECEMBER 31, 2014 AND 2013
2014 2013
ADMITTED ASSETS
Bonds $ 42,472,807 $ 16,702,092
Preferred stocks 600,815 665,128
Common stocks - non -affiliate 8,503,670 12,911,897
Common stocks - affiliate 15,656,804 15,417,481
Mortgage loans on real estate - 366,447
Real estate occupied by the company, net 2,218,922 2,284,797
Real estate held for sale, net - 209,000
Cash and short-term investments 13,968,422 33,187,670
Other invested assets 1,198,468 2,072,454
Total cash and invested assets 84,619,908 83,816,966
Accrued investment income 454,351 233,990
Premium receivable 10,015,497 9,455,707
Reinsurance recoverable on paid losses 2,864,564 1,488,869
Contract surety - funds administration receivable - 1,130,348
Net admitted deferred tax asset 2,055,946 1,679,200
Other assets 53,875 54,120
Receivable from parent, subsidiaries and affiliates 402,358 -
Total assets $ 100,466,499 $ 97,859,200
LIABILITIES AND CAPITAL AND SURPLUS
Liabilities:
Losses
$ 13,422,255
$ 13,870,615
Loss adjustment expenses
3,677,363
2,932,293
Reinsurance payable on paid loss and loss adjustment expense
837,825
935,564
Commissions payable
1,782,604
408,592
Accounts payable and accrued expenses
645,466
540,676
Accrued:
Taxes, licenses and fees
520,901
394,999
Federal income taxes
28,329
262,694
Unearned premiums
21,100,270
20,036,359
Advance premiums
7,900
240,207
Ceded reinsurance premiums payable
1,823,329
2,811,785
Amounts withheld for account of others
3,882,418
3,790,081
Payable for securities
141,567
-
Payable to affiliate
-
150,300
Total liabilities
47,870,227
46,374,165
Capital and surplus:
Common stock, par value $1.40 per share; 5,000,000 shares
authorized, 3,000,000 issued and outstanding
4,200,000
4,200,000
Paid -in surplus
5,266,827
5,266,827
Unassigned surplus
43,129,445
42,018,208
Total capital and surplus
52,596,272
51,485,035
Total liabilities, capital and surplus
$ 100,466,499
$ 97,859,200