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HomeMy WebLinkAboutWaste Pro of Florida Continuation Certificate 2010 - 2011 CONTINUATION CERTIFICATE The The Hanover Insurance Company (hereinafter called the Surety) hereby continues in force its Bond No. 1806698 in the sum of Five Hundred Thousand Dollars and 00/100 ($500,000.00) Dollars, on behalf of Waste Pro of Florida, Inc in favor of City of Winter Springs , FL subject to all the conditions and terms thereof through February 28, 2011 at location of risk. This Continuation is executed upon the express condition that the Company's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Company has caused this instrument to be signed by its duly authorized Attorney -in -Fact and its corporate seal to be hereto affixed this 4 day of December, 2009. The Hanover Insurance Company Surety By: ; 11- 7/ Nicole M. Colley Attorney -in -Fact THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Arthur L. Colley, Nicole M. Colley and /or Bonnie T. Atnip of Charlotte, NC and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No /100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 6 day of April 2009. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY ," " µ � CITIZEN SURANCE COMPANY OF AMERICA S� ;y,, ' ` Mary Jeanne r deeson, Vice Preside t (Peleir,;4,-' r Robert K. Grennan, Assistant President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 6th day of April 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. o ....4- . �n y t �� -7 .-1 !mot'_ !( . "maw um �° '" NdFefy Public t ,� w y caMr ra�rs �.ri�ab+ • - - - - - - - - - - - - My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 4th day of December , 2009, THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI AIS INSU NCE COMPANY OF ERICA " 7/ /. i' % i Steppe LI Braul , Asssistant Vice Present i February 14, 2012 Mr. Kevin L. Smith City Manager City of Winter Springs 1126 East State Rd. 434 Winter Springs, Florida 32708 3705 St. Johns Pkwy (407) 869 -8840 (407) 869 -8884 RE: Waste Pro's Request for Consumer Price Index Adjustment- Solid Waste Collection Franchise Agreement Dear Mr. Kevin Smith, -, As a revision to our previous submittal, I have cited the proper CPI Index. Pursuant to Section 5.0 Rate and Charges, Waste Pro respectfully requests that it be granted a Consumer Price Index price adjustment of t '/2% to be effective March 1, 2012: CPI numbers above were retrieved, Consumer Price Index (1982 -84 -100) for the U.S, City average - all items - all urban cuFfnmers - published by the United States Department of Labor, Department of Labor Statistics, the calculation is as follows: Percentage Adjustment= (Qctober 2011 — October 2010 October 2010 3.53% — ( 226.421 — 218.711) 218.711 The above calculation represents a one -year change in CPI in rates. Pursuant to Section 5.2 of the contract the CPI Adjustment may not exceed 2 %% in a givers year. Please considIT our request and if you need any additional in (formation, feel free to contact me, Waste P16 of Manger Sanford, FL 32771 www.wasteprousa.com CITY OF WINTER SPRINGS, FLORIDA 1125 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 Telephone (407) 327 -5957 ksmith@winterspringsfl.org Waste Pro Mr. Steven D. Lafferty 3705 St. Johns Pkwy Sanford, FL 32771 February 16, 2012 Re: Waste Pro's Request for Consumer Price Index Adjustment - Residential Solid Waste Collection Franchise Agreement Dear Mr. Lafferty, We are in agreement with your November 28, 2011 request for a Consumer Price Index price adjustment to be effective March 1 2012, pursuant to Section 5.2. Consumer Price Index Adjustment. CPI numbers were obtained from the U.S. Dept. of Labor. Dept. of Labor Statistics, CPI (1982 -84= 100), U.S. City Average -All Items -All Urban Customers; per the terms of the contract. The calculation which is as follows: 3.53% = (226.421 - 218.711 218.711 We therefore approve your request for a 2.5% adjustment which is allowable by the contract. If you need any additional information please feel free to contact me. Sincerely, Shawn Boyle Director of Finance and Administrative Services Cc: Kevin L. Smith, City Manager, City of Winter Springs Kip Lockcuff,