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HomeMy WebLinkAboutAgenda - 12-07-2009 - 4dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 7, 2009 Action Agenda Item No. SUBJECT: Examination of Bonds DEPARTMENT: Asset Management & PUBLIC HEARING: (Y /N) No Purchasing Services ATTACHMENT(S): INFORMATION CONTACT: Bonds for: Pam Jones (919) 245 -2652 Sheriff Register of Deeds Registrar's Bond Continuation Certificate Tax Collector Blanket Coverage for All Employees Finance Director PURPOSE: To examine bonds for officials pursuant to North Carolina General Statute 58 -72- 20. BACKGROUND: Certain positions or officials in County government are required by law to be covered by a fidelity bond. The bond will ensure the County is protected in the event the official or employee mishandles County money. Statutes also require that each Board of Commissioners examine these bonds each year to determine whether they have been impaired in any way over the past year and to determine their sufficiency. The circumstances under which the bonds would be called upon to perform do not indicate that an increase is needed above the amounts currently carried. These amounts are as follows: • Sheriff $ 25,000 (on file with the Clerk of Court) • Register of Deeds $ 25,000 (on file with the Clerk of Court) • Finance Director $250,000 • Tax Collector $ 30,000 • All County Employees (for faithful performance) $250,000 ** * *This coverage is part of the comprehensive policy through the County Commissioners Insurance pool. $250,000 is the standard limit. There have been no incidents or claims during the past year that would impair the security of these bonds. Therefore, it is recommended that the bonding limits remain at the current levels for the aforementioned positions. FINANCIAL IMPACT: No direct financial impact associated with the examination of bonds. RECOMMENDATION(S): The Manager recommends that the Board maintain the bonds at the present levels. 2 PUBLIC OFFICIAL. BOND Travelers casualty and Surety Company of America (Definite Term) One Tower Square 31313, Hartford, CT 06183 Bond No. 25044372 KNOW ALL MEN BY THESE PRESENTS, That we Albert L. Pendergrass of 400 Severin Street, Chapel hill, Forth Carolina as Principal, an-, Travelers Casualty and Surety Company of America, a corporation duly incorporated under the laws of the Sta e of Connecticut, as Surety, are held and firmly bound unto Orange County, Hillsborough, North Carolina as Obligee, in the penal sum of 'Twenty five thousand. {5 25,006-00 ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said Principal binds himself /herself, his/her heirs, executors, administrators and assigns, and said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has been elected to the office of Sherif f for a definite term beginning Deceinbe — 7-7006 and ending Dec,ernl2er J. ;Z010 required to furnish a bond for the faithful performance of the duties of the said office or position. and is NOW, THEREFORE: THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall /except as hereinafter provided) faithfully perform the duties of his/her said office or position during the said term, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his /her hands during the said term without fraud or delay, and at the expiration of said term, or in case of his/her resignation or removal from office, shall turn over to his/her successor all records and property which have come into his/her hands, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that the Surety may cancel bond at any time during the said term by giving to the obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such notice by the obligee the surety shall be completely released as to all liability thereafter accruing. If this provision shall be held void, this entire bond shall be void. SEALED and dated this 29th day of November, 2006 By: P(tr! 0 Witness X 5 -2232 (08.98) Principal Travelers Casualty and Surety Company of America By: .......... a,1:11rML Attorney -in -Fact ............... - ------- - . ...... . TRAVELERS CASUALTY AND SURETY COMP A-NY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY F.&RMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-w9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations daily organized under the laws of the State of Connecticut, and having their principal affices in the City of Hartford, County of Hailford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Larry A. Summers, Charles D. Thompson, of Chapel Hill, North Carolina, their true and lawful Attorneys) -in - act, with full power and authority hereby conferred to sign, execute and acknowledge, at ally place within the United States, the following instrument(s). by his/her sole signature and act., any and all bonds, recogni7ances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident ihereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact; pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice 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 AttDrncys-in.-Fact and Agents to act for and on behalf' ofthe company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, 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. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior 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 tiled in the office of the Secretary, VOTED- That any bond, recognizance, 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 by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President, or any Vice President, any Second Vice President, the Treasurer, any 'Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or ,assistant Secretary, or (b) duly executed (under seall, if required) by one or more Attorneys -Lri-Fact and Agents pursuant to 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: .I list the signature of each of; the followin.g officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Set-Tetary, and the seal of the Company may be affixed by facsimile to arty power of attorney or to any certificate relating thereto appointing Resident Vice !residents, Resident Assistari, Secretaries or Attomeys-L—Fact for purposes only of executing and attesting bonds and undertakings and other %Titings obligatore in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon. the Company and any such power so executed and certified by such facsimile sip-nature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to vvhich it is attached. (02-05) 1-Iniiinited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASITALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 17th day of March, 2005. SIWIL-'OF CONINNEC11CUT, F }SS, 111artford COUNTY OFILAk'1'1°01U) 0 C� J. gyp 4 a HARTFORD, is 1982 0 S1 CONN. TRAVELERS CASUALTY AND SURETY COMPANY OF A-NIERICA TRAVELERS CASUALTY AND SURETY CONIPANNY FARMENGTON CASUALTY COMPANY WA V -0002 George W. Thompson Senior Vice President On this 17th day of"March, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that lie/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the aboNe instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he,/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. hz , 0�41 CERTIFICATE My commission expires June 30, 2006 Notary Public Marie C. Tetreault 1, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford. State of Connecticut. Dated this day of '20 $4W, sun 5 r V i CO HARTFORNK D, 0 n By Nicholas Serninara Senior Vice President r T, Western Surety Company CONTINUATION CHRTMCATE Western Surety Company hereby continues in force .Bond No. 68744590 briefly `m . *T- *T-w 001 C for .Tn= H PEAK tK as Principal. in the sum of $ 'T'WKWn -FjVR TH ,SAND AND NO/ 00 Dctlars, for the term beginning Doc nbar 07 r 2006 , and ending 2lerasher 07 2010 , subject to all the covenants and conditions of the original bona referred to above. This continuation is issued uponn the express condition that the liability of Western Surety Company under said Band and this and all continuations thereof shall not be cumulative and shah in no event exceed the total sum above wri#,em. Dated this _ _ 30 _ day of --Dal air , Z906 WESTER i3REfiY COMPANY P. T. ruflat sir Pica Preeident St 0; °: TMS "CSoutiaaation OextlficaW MUST HE FILIW WrM THE ABOVE BOND. 5 lErie POWER OF ATTORNEY o lnsuranoce KNOW ALL MEN BY THESE PRESENTS: That ERIE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Erie, Pennsylvania, does hereby make, constitute and appoint john F. Kearns, Senior Vice President; Marc Cipriani, Vice President; Edward A. Mazzeo; Katherine D. Pawlak; ;and Darlene Musica, its true and lawful Attorneys) -in -Fact, in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, any and all bonds which are or may be allowed, required or permitted by law, statute, rule regulation, contract or otherwise, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed FIVE MILLION DOLLARS ($5,000,000) and that the execution of such instrument shall be binding upon ERIE INSURANCE COMPANY. This Power ofAttorney is'signed and sealed by facsimiles under and by the authority of the following Resolution adopted by the Board of Directors of ERIE INSURANCE COMPANY at a meeting duly called and held on the 18th day of September, 2008, and said resolution has not been amended or repealed: RESOLVED, that the signature of Terrence W. Cavanaugh, as President and Chief Executive Officer of the Company, and the Seal of the Company may be affixed by the following facsimiles on any Limited Power of Attorney for the execution of bonds, undertakings, recognizances, contracts and other writings in the nature thereof, and the signature of James J. Tanous, as Secretary of the Company, the Seal of the Company, the signature of Sheila M. Hirsch, as Notary Public, and her Notarial Seal, may also be affixed by the following facsimiles to any certificate or acknowledgment of any such Limited Power of Attorney, and only under such circumstances shall said facsimiles be valid and binding on the Company. IN WITNESS WHF-REOF, ERIE INSURANCE COMPANY has caused these presents to be signed by its Presi- dent and Chief Executive Officer, and its corporate seal to be hereto affixed this 18th day of September, 2008. reo• O sl Z Lu 1972 y by— d Terrence W. C N. President and Chief Executive Officer STATE OP PENNSYLVANIA COUNTY OF ERIE ss. On this 18th day of September, 2008, before me personally came Terrence W. Cavanaugh, President and Chief Executive Officer, to me known, who being by me duly sworn, did depose and say: that he is President and Chief Executive Officer of ERTE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the Seal of 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 be signed his name thereto by like order. �i OF !_ rltr . y� p.� %o,• IWY commission expires June 27, 2012 Notary Public CERTIFICATE 1, James J. Tanous, Secretary of ERIE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is it full, true and correct copy and is in full force and effect. In witness whereof. I have hereunto subscribed my naive and affixed the corporate Seal of the Company by facsimiles pursuant to the action of the Board of Directors of the Company, this 25th day of November 2008 ,,jkXNC "'',. fir'apaeor� uJ( 1972 '•> UF831 9/08 James J. Tanous'U Secretary 1.1 7 M-W Public Official Bond f= It 4V Bond No, F, C C17t ThatWe, .. Apt. .SWATI.Raherscai— .................. .............. — ....... ......... of ... 4W0PrQVgb....i'g—.0 ............ I ........ I ......... ..... ............... as Principal, and the ERIE INSURANCE COMPANY, a corporation duly incorporated under the laws of the State of Pennsylvania, having Its principal office in 1he City of Erie in the said State, and licensed to do business in the State of AW h -Q4XQ4Aa ....... with offices fit -WO- Erie. lnsuranee--Etlace,.=Erd-,e;,P-.Ae-, as Surety, are held and firmly bound unto .County .of, Oranga,. North. ,Garolina ....... , , in the sum of .. YAirt-,y.,ThA4,sapA.&. Qa/100 ............................ ........... ... Dollars, lawful money of the United States of America, for the payment of which, well and truly to be MaCe, w6 bind ourselves, ourbeirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, SEALED WITH OUR SEALS and dated fts ..Fourth .................. day Of Jattuary, 2000 Where", the above bounden .................... ...... ... ;— was on the ....Fourth......... , day of . JArluaz ................ 2000... duly appointed or elected ......Tax Collector . . ..................... Of the - rouaty- of, Drs nge ...... -- .............. Fourth of January, 2000 for a term beginning on the ........ I ........ ................ MM, ThwOoro the condition of this obligation is such; that if the above bounden ............ ....................... shall well and talthfulfy discharge the duties of his office and promptly amount for and pay over alf wianeys or property received by him as such officer, in accordance with law, or in default thereof, the parties lime- cuting this undertaking will pay all damages, costs and expenses resulting from such default, not ext eed- ing the sum above mentioned, then this obligation to be void; otherwise to remain in full force end effect. This undertakoV may not be ch4nqed or modified orally. No change or modification shah be effective unless made by written endorsement issued to form a part hereof, In Witness Whereof, said Principal has hereunto set his -hand and seal and the ERIE INSURANCE COMPANY has affixed its corporate seal, attested by the signature of its duly authorized Attorney the day and year firm above written. 0 +tip '.: �1�t 1 /fi:.r� �rrt�s�,�1'�,. • CIATION OF COUNTY COMMISSIONERS Liability Property SECTION IV CRIME COVERAGE CONTRACT DECLARATIONS Participant ORANGE COUNTY Contract Number LP- OR -067 -09 Contract Period July 1, 2009 to July 1, 2010 Effective Time 12:01 A.M., Eastern Daylight Time SCHEDULE OF COVERAGS AND LIMITS COVERAGE LIMIT Employee Theft (per Loss Coverage) $250,000 Forgery or Alteration $250,000 Inside the Premises Theft of Money and Securities $250,000 Inside the Premises Robbery or Safe Bur-glary $250,000 Outside the Premises $250,000 Computer Fraud $250,000 Money Orders and Counterfeit Paper Currency $250,000 DEDUCTIBLE Employee Theft (per Loss Covera a $1,000 Forgery or Alteration $1,000 Inside the Premises Theft of Money and Securities $1,000 Inside the Premises Robbery or Safe Burglary $1,000 Outside the Premises $1,000 Computer Fraud $1,000 Money Orders and Counterfeit Paper Currency $1,000 NCACC RMP Crime Section Issued Edition 7/1/2009 7/21/2009 DEC 15 2008 PUBLIC OFFICIAL BOND knubu III Olen by gbege 3preantg, Bond No. Q95 6160027 That we, Charles Gary Humphreys of McLeansville NC as Principal, and the ERIE INSURANCE COMPANY, a corporation duly incorporated under the laws of the State of Pennsylvania, having its Home Office in the City of Erie in said State, and licensed to do business in the State of North Carolina with offices at 100 Erie Insurance Place, Erie PA as Surety, are held and firmly bound unto Orange County Board of Commissioners, Orange County Purchasing in the sum of Two Hundred Fifty Thousand Dollars, lawful, mo -ney of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED. VVEM OUR SEALS and dated this 25th day of November, 2008. Whereas, the above bounden Charles Gary Humphreys was on the 3rd day of March, 2008, duly appointed or elected Director of Finance of the Orange County Commissioners, Orange Co Purchasing Department for an intermediate term beginning on March 3, 2008. Now, Therefore, the condition of this obligation is such: that if the above bounden Charles Gary Humphreys shall well and faithfully discharge the duties of his office and promptly account for and pay over all moneys shall well and faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, the parties executing this undertaking will pay all damages, costs, and expenses resulting from such default, not exceeding the sum above mentioned, then this obligation to be void; otherwise to remain in full force and effect. This undertaking may not be changed or modified orally. No change or modification shall be effective unless made by written endorsement issued to form a part thereof. In Witnes' Whereof, said Principal has hereunto set his hand and seal and the ERIE INSURANCE COMPANY has affixed its corporate seal, attested by the signature of its duly authorized Attorney -In- Fact, the day and year first above written. Principal: C SF -22 1 /00 Charles Gaky Humphreys COMPANY