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HomeMy WebLinkAboutAgenda - 12-04-2006-5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 4, 2006 Action Agenda Item No.. ,r,~ - (: SUBJECT: Examination of Bonds DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): ~ INFORMATION CONTACT: Bonds for: Pam Jones (919) 245-2652 Sheriff Register of Deeds Registrar's Bond Continuation Certificate Finance Director Tax Collector Blanket Coverage for All Employees PURPOSE: To examine bonds for officials pursuant to G.S. 109-5. BACKGROUND: General Statutes require that bonds be examined annually 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. Further, 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 their current levels for the aforementioned positions. FINANCIAL IMPACT: There is no direct financial impact associated with the examination of bonds. RECOMMENDATION(S): The Manager recommends that the Board maintain the bonds at their present levels. PUBLlC C}FFICIAL BOND Travelers Casualty and Surety Company of America (Definite Term) One Tower Square 3PB, Hartford, CT 06183 Bond No. 25044872 KNOW ALL MEN BY THESE PRESENTS, That we Alhert L. Pendergrass of 400 Severin Street, Chapel Hill, North Carolina aS Princtpai, anc Travelers Casualty and Surety Company of America, a corporation duty incorporated under the laws of the State of Connecticut, as Surety, are held and firmlyy bound Unto Orange County, Hillsborough, North Carolina . a5 Obligee, in the penal sum of Twenty. £ive thousan (~ 25,000.00 )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 Sheriff for a definite #erm beginning DecemberT"'Z006 ' ,and ending "~eeerr,ber 1tzo.lo required to furnish a bond far the faithful performance of the duties of the said office or position. and is NOW, THEREFORE THE CONDITION OF THlS 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 shat! 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 ar removal from office; shall turn aver #o his/her successor ail records and property which have come into hislher 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 foss of any public fund resulting from the insolvency of any bank ar 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 band 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: Witness Princtpal Travelers Casual and Surety Company of America By: Attorney-in-Fact s-z2sz coo-ss> TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA <.-~ TRAVELERS CASUALTY AND SURETY COMPANY ~~ FAR11'IIrIGTON CASUALTY COMPANY Hartford, Connecticut 06193-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-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 duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath 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 Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, ak any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognirances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto 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 Attorney(s)-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 Attorneys-in-Pact and Agents to act for and on behalf of the 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, rccognizances, contracts of indemnity, and other writings obligatory in the natwe of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any tune inay remove any such appointee and revoke the power given him or her. VOTF,D: 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 cope thereof is filed in the office of the Secretary. VOTF.,D: 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 Presideut 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) duty executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her ccrlificatc 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: VOTEll: 'That the signature of each of the following officers: President, any Executive Vice President, 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 to any power of attorney or to any certificate relating thereto appointing Resident Vicc Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory 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 signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-OS) Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY 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. STATE OF CONNE'C'TICUT }SS. Hartford COUNTY OF HARTFOItll ~exWUOty y *~tY AHD pASU,~ ~ ~ S71A~ ~ rJ SG9~ ~~'Z* r L ~~~~ ~ ¢ HARTFORD, < t7 i 9 S 2~ p ~~ ~ >~ CONN. o t _h +t ~.. ~t r ~6 as Y ~ ~~'`- yy~ ~ FN~a ~y * NN TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY ~~ ~~ By 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 he/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 above 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. ~.1ET 'GtR t at/84ta~ t,C~' CERTIFICATE rr~ww~. e 3k My commission expires June 30, 2006 Notary Public Marie C. Tetreault I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURIETY 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 ylySUllw~r~ yFgJ*~TY ~Nps a G m ~~~~M~ +,~ ; HARTFORD, ~ •- j~~ GONN. ~ ~iy1 ~.... ~~a 'cs h +s~ ~ ~' 1 N ~,,M t GA6U,~C ~~ y ~19$2~' O ~b~*~ a J Ey ' ~N By Nicholas Seminara Senior Vice President C~~ 2~ 7 North C'arulin~a ih) C~~`~ ~~~ ,^ • ~~~~ . ~ ~~ OFFICIAL BOND ~'~ KNOW :\LL PERSONS L31~ THESE PRI~SEN'1'S: Bond No. ~~ - - ~ _ That we. Joyce H. Pearson _ _ _ of F-:-1-s:,c ~u ~~. . ~iorth Caroling. as Principal. and ~~%PS'I I'PV SI?KE'I'1~ GO\IP.-1 ~`1', a corporation duly licensed to du busineas in the State of North Carolina, as Suret.~•, are held and firmly bound unto rare of t•?girth Carol._na • in the stun of Twenty-Five_Thousand and 00/100 DOLL:~RS (S 25, 000.00 ~! i for the. payment of which well and truly to be made, we bind ourselves and our legal representatives, jointly.. anu s~~~•er~.riiy i)y tree presents. Dated this ' s'- _ day of i•7cember 2.002 THE C:ONDITIUN OF THE ABOVE OBLIGr1TI0N 1S SUCH, That whereas, the said Principal has been appointed ,elected to the office of ~?~~?'-S =mar '•~'-~ deeds. for the term beginning the 7th _ day af• y 4y,`,-_ __ j~= _ , ~ ___ _ ~_'--...- ,and ending the', -,~:, ' ~ da\' Of _____ ~cr~In~;c.r 'f1C0 NO~V THCREFOIZL, if the said Principal shall in all things faithfully perform the duties of hi office andl shall honestl~:;.;account for all )Honeys anti effects that may come into his hands in his official capacity during the said tei~ni, thc.n~`~his obligation to be void, otherwise to remain in full force and effect. This bond-is executed by the Surety upon the following express canclitions. which shall be conditions! precedent to the. r>.ght'of recovery hereunder: - `,PTRS'I': The Surety shall not be liable for the loss of .any- public moneys or funds resulting from the I failure of or default in payment l.~y any l3anl:s or Depositories in which any public moneys o.r funds have been] deposited. , ,~ .. ~ ~~ SECO~I-D: ;This bond may be cancelled by the Surety as to future liability by giving written notice, by certified mail, addressed to each, the Principal <rnd the Obligee at _ Sty==• ~== i~torr h Car~~i a _ _ __ , and thirty ('30) days after the mailing of said notices by certified mail, this bond shall be cancelled and null and void as to any- liability thereafter arising, the Surety remaining liable, however, subject. to all the terms and conditions of this bond for any and all acts covered by this band up to the elate of such cancellation. w i Hess w Principal ~ ~ ~ n , _ ) _ _ / - Princiha l Witness to St •e i~'IJSTERN SURET~~ C'(_)~IPAVY A~~ ../ ~Z~~.. _ '~ ,~!_..-~/ ---~fi~' ~ ~teph~~n T. fate. rec~rlent. Countersigned ~~i,~ ~ _ l". ~ •-~__ North ~~arolina Residcnt:lgent Approved this ~~~~ day ~.~f ~ C~%-i%~%,>~~-°^._ ~~,~ ;~' , _z - Form 1204-A-4-98 ~, . :, ,, __f. Jr~ r ~~ .: ~ /~~ '~. i ., .. i !"` (l P V ~Ut 1 Western Surety Company CONTINUATION CERTIFICATE Western Surety Company hereby continues in force Bend No. 68793590 briefly described as R~RTRTA4 nF nxrn~ for Tnvrc u ncpRSON as Prinopal, in the sum ni' $ TWFNTY-FT VF. TIIDDSAND AND NO(100 Dollars, far the trsm beginning December 07 2006 ,and ending December 07 2010 ,subject to alt the covenants and conditions of the original bond referred to above. This continuation is issued upon the express condition that the liability of Western Surety Company under acid Bond and thin and all continuations thereof shill nut be cumutstive and shall in no event eaceed the tots) sum above written. Dated this 30 day of October 2006 , ,~~,s~~~7~.,,., WESTERN URETY COIviPANY T ~ ~ Paul T. Bruflat, 3 for Vice President THIf; "Continuation Certlflcete" MUST 8E FILED WTPH THE ABOVE BOND. For,,, so-A-azooz E(~IE I1~SUI~ICE ~Ji~P,~Y Public Official Bond Bond No. Q94 %360020 NC ~rii,izt ,.~11 ~~?rt ~u `~l1e~e ~C~rr~sent>w, That We, . , .Kenneth Tyrone Chavious ................................................................................. Barham, NC .. as Principal, of ................................................................................ and the ERIE INSURANCE COMPANY, a corporation duly incorporated under the laws of the State of Pennsylvania, having its principal office in the City of Erie in the said State, and licensed to do business in Pennsylvania 100 Erie Insurance Place, Erie, Pa the State of ......................... with offices at ....................................... .. ].530 as Surety, are held and firmly bound unto .. , Orange County Board Of Commissioners .................................... in the sum of ....Two hundred fifty thousand------- .-------------_-----, .-------dollars, lawful money 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 WITH OUR SEALS and dated this .... , , .28th .. _ . ,day of , September 92 ..... 19 ...... Whereas, the above bounden .. , .Kenneth Tyrone Chavious ' ............................................................ was on the .......23rd _ _ . , ,day of ......October 19 ,92 , duly appoint' Birector Of Finance Orange County Board Of. Commissioners ............................................. of the ......................:.:..................... for a term beginning on the .?3rd day of October, 1992 ...... .. . . . . . . . Now, Therefore the condition of this obligation is such: that if the above bounden .. Kenneth Tyrone Chavious ............................................................... 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 exe- cuting this undertaking will pay all damages, costs and expenses resulting from such default, not exceed- ing 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 charige or modification shall he 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-in-Fact, the day and year first above written. Kenneth 1'y:ro~,~ Chavious fem., .- ~ s' ~ - ~ -- -- Principal ~:.~ .......... ..._-:... ..........~:......... ERIE INSURANCE COMpp~~lY 4~ ~. ' ~ Attorney-in-Fact. Edward ~A. rSazze ~,~; ~~ lNal~f~~~E Ct~ri~~" '': Public i7fficial Bond ~`' Bond Na. 8855460044 nog ~~II P~ #~~ ~~r~>~r ~r>vs~en~s, . 7hatWe, ..JR.Ann.Swatl.Rpherson ......... ................................... ..... of ...Hit.1,~~oro~gi~.,...~1...C ...:............................. , ....................... as Prin~~i~,ai, j, and the ERIE INSURANCE COMPANY, a corporation duly incorporates! under the laws of the ~ta,e of Pennsylvania, having ifs principal office in the City of Erie in fife s<~id State, and licenseq co do busir,es~ ire `,~ the State of Nortj~ ,Gaxgl-7-Aa ....... with offices at .1.00. E•r.ie• I•nsurance• •Rlaee•; Erie; • P. R. a9 Surety, are he4d and firmly bound unto .Coun.ty..of..Orange, • N-0rth• ~Carolina• ......................................................................... .. ............... K Rt in the sum of , . ?'.14kFtY..Th~.usarui..&. Qla./.loo .................................... .. . ...... C)oUa; ~, f~~' a ; lawful money of the United States of America, for khe payment of whim, welt anv tru}y to !;t? mac~~~, ,>~- - bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sev~:raUy, tirrr~y ~~~ by these presents. ~I SEALED WITH O4JR SEALS txnd dated this ..Eaux.th .................. day of January ~ '?000 ? ~ i ~ , Wheraas,theabovebounden JR.~IRR.SSaari.Rpl2erson ... ................................ ... r;~ , ~~ yMl was on the . , , ,Fourth, ... , _ . , , , da of . Januax ....... .. p « ~) • y y . ..... 2000. • .duly appointed or lac d I ......Tax Collector . . ..................... of the .. ~ount.y..of, e ...... .......... ... ~-' .Orang. Fourth of Januar 2000 for a term beginning on tho ..................... y'.................... , ....... , ........ . , `~ ,~, Naw, Th©rrfore the condition of this obligation is such: that if the above bounden ;?q,Ann,Shan.Rpb,~Z~P?1 ............................................... shall well and faithfully discharge the duties of his office and {promptly account tar and pay over a'll r~ror;~ys or property received by him as such officer, in accordance with law, or in det~iulr thereat, the p3rtiE~ N~c- Cuting this undertaking will pay all damages, costs and expenses resulting t`rorn such detrjult, not e;;cee:!- .;,, ing th9 sum above mentioned, then this obligation to be void; otherwise to remain in fr~ii force and tritest. ~`~. ~~~ - This undertaking may not be t:hanged or modified or3Jiy. No ettange or modification stiai! i~ ctlaetrv~ ~ :~~ unless made by written endorsement issued to form a part hersiof. ;~, ?ril !rt WlirtBSS Whereof, said Principal has hereunto set his bond and se:~t and the ERIE IPISUFAhd:;~ 's';i ,~,. COMPANY has affixed its corporate seal, attested by the siynaiure of its duty nutharized P,ttorn;,y -~: -:=;:.:. the day and year first above written. ` ~ - ~ - F r i n c i pa I ~-~Ql4~x :xX<-~~ -:: ~B 1' `G ;~.1~1-s~~! ... .. . " i J ' £P1E INS, ,Ji~ A J ~C ) CrJ~4tPtV~"' j j7 // ~ ~j / ~ Attorne -in-Fact ?" y // ~~ :~3-^> ~1 O 12 'r [ I .~`~r C .4 R O L T N A ASSOCIATION OF COUNTY COMM7SSIONl:RS NCACC LIABILITY AND PROPERTY POOL SECTION IV CRIME COVERAGE CONTRACT DECLARATIONS Participant: Orange County Certificate Number: LP-OR-067-06 Contract Period: From 07/01/2006 to 07/01/2007 Effective Time: 12:01 a.m., Standard Time 'SCHEDULE OF COVERAGES 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 Burglary $ 250,000 Outside the Premises $ 250,000 Computer Fraud $ 250,000 Money Orders and Counterfeit Paper Currency $ 250,000 DEDUCTIBLES COVERAGE DEDUCTIBLE Employee Theft -Per Loss Coverage $ 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 L&P POOL CRIME SECTION Page 1 EDITION 711/2006