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1991-178ORDINANCE NO 91:1a AN ORDINANCE ACCEPTING A COMPETITIVE SEALED BID AND AWARDING A CONTRACT FOR SECTION 125 FLEXIBLE BENEFIT PLAN ADMINISTRATION SERVICES TO ANTHEM LIFE INSURANCE COMPANY, PROVIDING FOR THE EX- PENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated com- petitive sealed bids for services in accordance with the procedures of State law and City ordinances, and WHEREAS, the City Manager, or a designated employee, has re- viewed and recommended that the herein described bid is the lowest responsible bid for the service as shown in the bids submitted therefor, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ser- vices approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That bid number 1291, providing for Section 125 Flexble Benefit Plan Administration is hereby awarded to Anthem Life Insurance Company, and this bid is hereby accepted and ap- proved as the lowest responsible bid, based upon a projection of lowest net cost, assuming current employee participation levels SECTION II That by the acceptance and approval of this bid, the City accepts the offer of Anthem Life Insurance Company for such services and agrees to purchase the services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the bid submittal form SECTION III That the City Manager or his designated represen- tative is hereby authorized to execute the written contract at- tached hereto SECTION IV That by the acceptance and approval of the above bid, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written contract made pursuant thereto as autho- rized herein SECTION V That this ordinance shall become effective imme- diately upon its passage and approv 1 PASSED AND APPROVED this h day of ~X 1991 BOB CASTLEBERRY, MAY ATTEST JENNIFER WALTERS, CITY BY APPROVED A TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY W:ALL0008E THE STATE OF TEXAS $ AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON $ ANTHEM LIFE INSURANCE COMPANY, INC This agreement, executed the 1st day of January, 1992, is between the City of Denton ("Denton") and Anthem Life Insurance Company, Inc , a Texas Corporation (the "Claims Administrator") WW. TNESSETH SECTION I The Plan 1 1 Denton will adopt a cafeteria plan of benefits under Section 125 of the tax code (the "Plan") providing means by which eligible employees of the City of Denton can secure the bene- fits set forth in the plan 1 2 The administrator of the Plan (as defined by the Employee Retirement Income Security Act of 1974) is the City of Denton ("Plan Administrator") 1 3 The name of the Plan is the Delta Plan 1 4 The effective date of the Plan is January 1, 1992 1 5 The Plan Administrator hereby appoints Claims Administrator, an independent third party administrator, to perform certain functions for the operation of the plan SECTION II The Claims Administrat 2 1 The Claims Administrator, within the scope of its profession- al ability and its employment under this agreement, shall provide certain services for and shall assist Denton in the administration of the Plan as it may be requested and authorized from time to time Such services shall include, but not necessarily be limited to the following a Completion of reports and payment of claims from the Plan to the participants b Provide periodic reports on a monthly basis, summarizing Plan expenditures c Provide necessary data required for regulatory disclosure information compliance d Provide claim review, examination, and benefit payments, in accordance with the Plan Document e Maintain the Plan checking account, and all the necessary records for the Plan (if required) f Communicate the Plan to Denton's employees in accordance with the Claims Administrator proposal submitted on November, 1991 g Provide information for form 5500 preparation h Prepare anti-discrimination report as required by law 2 2 The Claims Administrator is authorized as an agent of the Plan Administrator to do all things the Plan Administrator deems necessary to carry out the terms and purposes of this Agreement, including execution of documents in the name of the Plan 2 3 The Claims Administrator shall design and provide all necessary forms for the implementation, administration, and operation of the Plan 2 4 The Claims Administrator shall maintain a toll-free (800) business phone number for use by Denton or shall maintain a business telephone within the Dallas/Fort Worth metro dialing area, so that Denton may contact Claims Administrator as needed during the course of the contract without incurring additional toll charges 2 5 The Claims Administrator shall maintain a claims processing turnaround time of not more than seven (7) calendar days 2 6 Claims Administrator agrees to reimburse employees and providers directly for child care and unreimbursed medical expenses at no additional cost to Denton, should any partici- pant so request 2 7 Claims Administrator shall agree to conduct group employee open enrollment meetings on a yearly basis and shall agree to distribute legible, meaningful and useful communication materials and enrollment forms to all interested employees Claims Administrator shall submit legible exemplars of proposed communication materials and enrollment forms with the bid 2 8 Claims Administrator must agree to reimburse Denton for up- front medical expenditures on at least a quarterly basis Page 2 2 9 Claims Administrator shall agree to provide Denton with a licensed copy of any software necessary for operation of the program at no additional cost 2 10 Claims Administrator shall agree to provide all forms and paperwork necessary for plan administration at no additional cost to Denton SECTION III The City of Denton 3 1 Denton shall assist the Claims Administrator in any reason- able manner as to provide the services as set forth by the Plan Such assistance shall include, but not be limited to the following a Denton shall provide the Claims Administrator with a complete list of all employees who are eligible for benefits of the Plan Thereafter, Denton shall promptly notify the Claims Administrator of any and all changes in employment for purpose of determining eligibility for the Plan Changes in employment shall include termination, lay off, change in classification, change in dependent status, or any other change that may affect the eligibil- ity of any employee of the City of Denton 3 2 Denton shall provide the necessary funds to pay the Plan expenses Denton shall transfer all funds necessary to the proper account in order that proper distribution by the Claims Administrator may be carried out a Denton shall collect the contributions made by the participants of the plan, in the manner it may deem appropriate, and shall transfer the money so collected to the Plan on a monthly or more frequent basis b To the extent of its liabilities, Denton hereby agrees to make all necessary contributions to meet the obligations incurred by the Plan for its eligible participants and eligible dependents where applicable The Plan liabili- ties shall include premiums, claims costs, and adminis- tration costs as billed by the Claims Administrator 3 3 Denton shall assist in the enrollment of the employees into the Plan, and shall maintain a supply of forms, enrollment cards or other documents, as provided by the Claims Adminis- trator, and shall distribute or make available such documents to the employees Sufficient quantities of these documents Page 3 will be provided to Denton by Claims Administrator at no additional cost to Denton 3 4 Denton hereby agrees to cooperate with the claims Administra- tor with regard to the proper settlement of claims and Plan obligations, and transmit any inquiries pertaining to the Plan to the Claims Administrator SECTION IV rocedure for Application and Payment of Benefits from the Plan 4 1 Any eligible participant or participant's eligible depen- dent(s) may make application for benefits from the Plan by completing the application form prescribed by the Claims Administrator The applicant shall fully and truthfully complete such application for benefits and the applicant shall supply such pertinent information from personal or professional sources as may be required by the Claims Administrator 4 2 The Claims Administrator shall accept any application for benefits made in the appropriate manner, and shall determine eligibility of such application in accordance with the Plan Document If the Claims Administrator determines that the applicant is entitled to receive payment of benefits from the Plan, the Claims Administrator shall determine the amount payable by the Plan, and arrange for the payment of such amount If the Claims Administrator determines that the applicant is not eligible for benefits from the Plan or any portion thereof is denied or reduced, the Claims Administra- tor shall notify the applicant and Denton as to the reasons for denial, or reduction of such claim However, the final determination of eligibility or ineligibility rests in the sole discretion of the Plan Administrator The Claims Administrator may compromise or adjust any claim or application previously denied, or reduced in whole or part, as the Claims Administrator determines to be in the best interests of the Plan If the Claims Administrator adjusts any such claim, he shall provide written notice to Denton's Personnel Director within 5 working days of such adjustment The Claims Administrator shall be responsible for the initial review of all disputed claims Final claim determination shall rests within the sole discretion of the Plan Administrator Page 4 SECTION V Compliance With ERISA and Indemnification of City 5 1 Denton and the Claims Administrator agree to comply in all respects, individually and collectively, with the Employee Retirement Income Security Act of 1975 (ERISA) and amendments thereto, and with all federal and other regulations pertain- ing thereto, as they relate to the plan Claims Administrator agrees to indemnify and hold Denton harmless from any and all loss, damage and expense, including court costs and attorney's fees, resulting from and arising out of claims, demands, or lawsuits brought against the Claims Administrator for any negligent act or omission in administering the Plan The Claims Administrator shall not be liable for any loss resulting from any failure of the Plan Administrator to perform any of its duties in a timely manner Further, the Claims Administrator agrees to indemnify Denton and hold Denton harmless against any and all loss, damage and expense resulting from or arising out of dishonest, fraudu- lent, or criminal acts of the Claims Administrator's officers or employees, acting alone or in collusion with others SECTION VI 6 1 The initial set-up fee, for the first year only, will be $0 25 per month per eligible employee, payable upon comple- tion of open enrollment In addition, a fee of $0 25 per month per employee for communication materials shall be paid upon completion of open enrollment This communication fee will be based upon the number of employees that are eligible to participate in the Plan The Claims Administrator shall be entitled to fees for its services to the Plan and under this agreement, which shall be determined by the number of employees enrolled by Denton at the beginning of each month and the type of services provid- ed These fees shall be $2 60 per month per participating employee for insurance premiums only, $3 50 per month per participating employee for dependent child care only, $3 50 per month per participating employee for unreimbursed medical expenses only, and $6 10 per month per participating employee for all three accounts, combined 6 2 The fee agreed upon hereof shall be reviewed with any plan changes at least on an annual basis by both Denton and the Page 5 Claims Administrator to determine the adequacy of such fees The fees provided for herein may be adjusted by written amendment to the agreement approved by both parties SECTION VII Termination of Agreement 7 1 This agreement may be terminated at any time by either party by providing ninety days written notice to the other party Upon notification of termination by either party, the Claims Administrator shall continue to process all claims incurred up to the date of termination, and shall, not later than sixty days after the date of termination, prepare and deliver to Denton a final and complete accounting and report of the Plan's financial activities 7 2 Should either party fail to perform in accordance with the provisions of this Agreement, the other party may treat such failure as a default of this Agreement and give the default- ing party thirty (30) days' written notice to cure such default In the event such default is not cured within said time frame, the party giving such notice may terminate this Agreement SECTION VIII scellaneous Provisions 8 1 In the event of resignation or inability to serve by the Claims Administrator, Denton may appoint a successor Any successor, upon appointment, shall succeed to and be invested with all powers conferred on the Claims Administrator 8 2 If during the operation of the Plan, the federal government, the state government, or any political subdivision or instrumentality shall assess any tax against the Plan, and the Claims Administrator is required to pay such tax, the Claims Administrator shall immediately notify Denton, and Denton shall promptly provide the funds necessary to remit such taxes to the proper authority 8 3 This agreement may be amended by Denton and the Claims Administrator at any time by mutual written consent of said parties 8 4 In the event that Denton shall fail to make any required contributions to the Plan, the Claims Administrator shall Page 6 have the right to terminate this agreement upon fifteen days written notice to Denton 8 5 In the event of termination of this agreement resulting from the default of Denton, as provided above, the Claims Adminis- trator shall charge, and Denton shall pay to the Claims Administrator all fees, commitments, and obligations incurred by the claims Administrator through such date of termination 8 6 The Claims Administrator hereby is designated the agent for service of legal process on behalf of the Plan at its principal office 8 7 Claims Administrator agrees that it shall be in compliance with all laws, statutes, and other governmental provisions prevailing during the term of this Agreement 8 8 It is agreed that Claims Administrator shall maintain and make available for inspection, audit and reproduction by an authorized representative of the City or any other governmen- tal agency, books, documents, and other evidence pertinent to the costs and expenses of this contract This includes, to the extent such detail will properly reflect, all costs, direct and indirect costs of labor, material, equipment, supplies, and services and all other costs and expenses of whatever nature for which reimbursement is claimed under provisions of this Agreement SECTION IX Effective Date and Term 9 1 This agreement shall become effective on January 1, 1992 9 2 This agreement shall be in effect for a period of one (1) year from the effective date as outlined in Section 9 1 9 3 This agreement may, however, be extended for up to two (2) additional one year periods, upon written approval from Denton's City Manager IN WITNESS WHEREOF, the City of Denton and the Claims Administr o red this agree nt at this have ex 'Slut day of 1 CITY OF DENTON, TEXAS BY BOB CASTLEBERRY, Page 7 ATTEST JENNIFER WALTERS, CITY BY W APPR ED AS O LEGAL FORM DEBRA A DRAYO_VITCH, CITY ATTORNEY BY c ANTHEM LIFE INSURANCE COMPANY, INC APPf ,~i U LEGAL UtPI 1 BY ~ » ` w TITLE The Director of Personnel/ Employee Relations for the City of Denton, Texas is hereby authorized to carry out the terms of this Agreement on behalf of the City of Denton, Texas 4DYbdv HARRELL Page 8 CITY OF DENTON EXHIBIT 1 BID SUBMISSION FORM Carrier/Vendor: Anthem Life Insurance Co , Inc Addrees: 3988 North Central Expressway, Dallas, TX 75204 Date: 10/28/91 Completed By: Larry Garrett, Associate Director Flexible Benefits & ept (Name Title) Phone Number: 1214 841-1013 1 Cost for claims administration for IRS Section 125 Plan a Insurance Premium Only b Dependent Child Care only c Vnreimbursed Medical Expense d All three accounts e How long are rates guaranteed? (if less than three years, please specify costs for first, second and third year separately, or provide details of how fees will be determined in future years ) f Communication cost g Initial set-up fee Cost 2 60@mo /Participant -0- /Elig Employee** 3 50@mo /Participant /Elig Employee 3 50@mo /Participant /Elig Employee $ -0- /Elig Employee 2 yearn Guarantee no more than 107 increase for third year ***One or both FSA same price **Please see additional sheet for pricing option $ 25 @ mo /Elig Employee* $ .25 @ mo. (if applicable) 2 Are there any other costs? *This assumes group meetings of at X least 30 employees per meeting Yee No If yes, identify and state the amount 3 Do you have a toll-free number (800) and, if sopp what is that number? (required if long distance call frq~00)i9 0-~539Den~on andl $u~ide Dallas/Fort Worth metro dialing area) ll a are n a as metro area 4 Assuming that the contract for the City of Denton plan will be effective January 1, 1992, provide a detailed implementation plan for the transition on a separate sheet of paper (if necessary) Be specific concerning your capabilities to provide smooth enrollment See Attachment 5 Please submit legible exemplars of the following reports: See Exhibits a Employees quarterly account statements b Employer monthly, quarterly and annual reports or statements c Employer quarterly up-front reports -7- BID NUMBER 1291 BID PROPOSALS ADDENDUM #2 Page 2 of 2 Addendum #2 replaces all documents previously sent referring to this Bid Request 11291 Please destroy all documents prior to this package SPECIAL. NOTE Require for bid and performance bond a have been added along with other revisions In submitting the above bid the vendor agrees that acceptance of ny or II bid reasonable period of time constitutes a contract _ Anthem Life Insurance Co , Inc / Bidder 10/28/91 As oc ate Date the City of Denton Texas within a Director Flexible Benefits Dept Tllle PERFORMANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY County of as PRINCIPAL, and , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the _ -as OWNER, in the penal sum of Dollars ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of 19-, for the Administration of which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW9 THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and oovenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Specifications hereto annexed, then this obligation shall be void otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 19599 and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in pgnjtQg County, State of Texas PB-1 THESE PRESENTS of the City of and State of _ That Surety, for value received, stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the specifications, accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such charge, extension of time, alternation or addition to the terms of the contract, or to the work to be performed thereunder IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _-day of , 19~ Principal By Title Address (SEAL) Surety Title Address (SEAL) The name and address of the Resident Agent of Surety is NOTEt Date of Bond must not be prior to date of Contract PB-2 029.DOC FIREMAN S FUND IN U NCE COMPANY TMF AMERICAN INS UR COMPANY NATIONAL SURETY CORPORATION FIREMMS FIM ASSOCIATED INDEMNITY CORPORATION INSURANCE COMPANIES AMERICAN AUTOMOBILE INSURANCE COMPANY PERFORMANCE BOND STATE OF TEXAS ) COUNTY OF Dallas > and No KNOW ALL MEN BY THESE PRESENTS That Anthem Dal Insurance of the Cit of Dallas County of _Dallas and State of Company as PRINCIPAL, and The American Insurance---- as SURETY, authorized under-the-laws-ofthe State of Teas to act as surety on bonds for principals are held and firmly bound unto the _C1ty_ of Denton as OWNER in the penal sum of Fifteen Thousand Six Hund_re_d _and_00 Dollars (x15,600 00----) for the payment whereof, the said Principal and Surety bind themselves and assigns, jointly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated )he -19th day of Novem er 1991, for the Administration of _____________IRS Section 125-Benefits-Plan - which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length here- in NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respect., conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Specifi- cations hereto annexed, then this obligation shall be void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities or this bond shall be deterimined in accordance with the said provisions of said Article to the same extent as if it were copied at length herein 360702-1 o-76 (LETTER SIZE) FIPIM rv VrvD UR NCECOMPANY nd No THE AM EP NINb Ufl COMPANY NY NATIO NAI ..RETV CORPORATION FIREMAN5FUN0 ASSOCIATE_ IINDEMNITY CO RPORATION INSURANCE COMPANIES AMERIC n UTOMOBILE INSURANCE COMPANY 2/ PROVIDED FURTHER, that if any legal action bE filed upon this bond, venue shall lie in Denton County, State of Texas Surety -hat no change, exten terms of the contract the specifications affect its obligation notice of any such addition to the terms performed thereunder for value received, stipulates and agrEeS lion of time, alteration or addition to the or to the work performed thereunder, or accompanying the same, shall in anywise on this bond, and it does hereby waive change, extension of time, alteration or of the contract, or to the work to be IN WITNESS WHEREOF, the have signed and sealed this instrument December , 1991 Anthem L_ife _Insurance_Comuany--__- Principal Title Sr Vice President A_o_dress 3988 N Central Expwy Dallas,-TX--75266 said Principal and Surety this --27th day of The-American-Insurance-Company Surety B KiL Ir-l~ ~ c osi B Pritchard- _T L Attorney-in Fact Address 312 Walnat of _ Cincinnati_,_ Ohio 1520= Tine name and address of the Resident Agent of the Surety is Milton E _ Cordell P-O-- Box_ 6597-___ Fort-Worth,-Texas--76-115-0597 ]60702-10-76 JLCTTER SIZC) GENERAL PWER ATTORP EY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY a Corporation incorporated under the laws of the State of New Jersey on February, 20 1846 and redomesticated to the State of Nebraska on June 1 1990 and having its principal office in the City of Omaha State of Nebraska has made constituted and appointed and does by these presents make constitute and appoint LEE E HANNA, PATRI CIA L LIND, JOSIAH B PRITCHARD, SHARA L WALLACE and CHRIS C. CABOT, jointly or severally CINCINNATI, OH fistmeandlawfulAttomay(s)-inFaa,with fWBpowerandauthority harebywaferredInits name plaoeandsteed toexecute,sesl acknowledgeand deliver any and all bonds undertaktug recoguirances or other written obligations in the nature thereof and to bind the Corporation thereby es fully and to the awe extent as U such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all their the said Ancroey(a)ia-Fact maydo In the premises This power of attorney is granted pursuant to Article VII Sections 45 and 46 of By laws of THE AMERICAN INSURANCE COMPANY now, an full force and effect , "Ardek VH Appoistm tasdAusboftofReddmtSwmMla,AMmueys/ot =WAgmtstoaaeWL*dPmwm8adMO"Appwraaoaa. Seetlos 43 Appointment The Chairman of she Bend of Directors, the President, any VlcaPrepdml or aq other parson authorized by the Board of Directors, the f hdrntas of the Board of DIreelon, the President or oaf VkaoPreddmt stay, from time to time, appoint Reddael Assistant Secretaries and Attoroeyo4m Fact to nlpresent and ad for sod on bd uff of the Corporation mad Agents to accept legal Process and make appume for goal on bebr+lf of the Corporations Section 46 Asfaodgc The authority of such Redeem Aadpast 3eadmrlm, Anorasynlo-Fad and Age cis id all be as prssesibed In the huhmu mt evidencing dedrappolstment.Anymchappointment send Wauthority granted thereby may berevokedatasythasbytheRood ofDlredonorbysa persosempowered to make soeb mppotatmeaW Th4 ppoowwera of attorney L signed and yelled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSEJRANCB COMPANY at a meeting dulycalled and held on the 31si day of July 1984 and mid Resolution has not been amended or repealed "RESOLVED that t e4 deOaturo of any Vice•PraWmt Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of this Corporadonmaybe affixed or printed on any power of attorney onanyravocationofanypowerofattortry,oronanycertificate reiatiugthereto byfaaimile and any power of attorney any revocation of any power of attorney, or ardfloate bearing such facsimile sigsaturc or facsimile real shall be valid and binding upon the corporation" IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to beheroun[onfaxedWte 4th dayof January 19 91 THE AMERICAN INSURANCE COMPANY STATE OF CALIFORNIA m COUNTY OF MARIN On this4th day of January 1991 before personally came R D Farnsworth of f THE AMERICAN INSURANCE COMPANY the Corporation to me known who ban by ma duly sworn did depose and my- that he Is Vioo-Presidem described in and which executed the above instrument this he knows the sal of said Corporation that the sal affixed to the said instrument is such corporate sal that it was to affixed by order of the Board of Directors of said Corporation and then he signed his name thereto by like order IN WITNESS WHEREOF, I have hereunto sal my hand and affixed my official seal the day and year badn first above written OFFICIAL SBAL J M VAN--- Cr// N,,,n.eve NOTARY PUBLIC CALIFORNIA Principal Office in Merin County My commlulon Exeuaa Aug. 28 1992 C CERTIFICATE enrststs rrntsrrnt„tlrrllUlllirsrlt111111111♦~ STATE OF CALIFORNIA IFORNCOUNTY OF MARIN ss Labaundersigned Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY a NEBRASKA Corporation DO HEREBY CERTIFY that the foregoing andattached POWEROFATTORNEYremains in full force andhas not been revoked and furthermore that Article Vll Sections45and46ofthe By laws of flu ..cr i rritdos and the Resolution of the Board of Directors, ad forth in thT Power of Attorney are now in fora SIARCd n.+d sealed err +b• County of Mann Dated the L+~ ~ day of + 19 , ~ R"Mtnl A,u,+",+SmeuY 360712 fA 6 R 1RLt )