HomeMy WebLinkAboutPR 20032: TML TURNKEY RECOVERY PROGRAM ON THE LIBRARY City of
11-
rI rlhur
1,
Port Arthur Public Library
www.Po rtArth u rTx.gov
INTEROFFICE MEMORANDUM
Date: 01/16/2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Steven Williams, Assistant Library Director
RE: TML Turnkey Recovery Program on the Library
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
execute a contract between the Texas Municipal League Intergovernmental Risk Pool
(TMLIRP)—Turnkey Recovery Program to rebuild Port Arthur Public Library.
As a result of the damages to the Port Arthur Public Library(4615 9th Avenue), a claim was
filed with TMLIRP with damages totaling approximately $1,950,679.45 excluding contents.
TMLIRP has offered to settle the claim for$1,950,679 less the Physical Damage deductible
amount of$55,497.26,making the final settlement offer$1,895,182.19. TMLIRP guaranteed
the Physical Damage deductible in the amount of$55,497.26 will be covered by TMLIRP, so the
City will incur no deductible charge through this recovery process.
Background:
Due to damages from Hurricane Harvey,the TMLIRP contracted with SynergyNDS, Inc. to
provide TMLIRP with recovery management and disaster recovery services on its Members
property losses caused by Hurricane Harvey and covered by TMLIRP. Many of the Members
allowed SynergyNDS to locate vendors that could immediately provide emergency services to
stabilize property and mitigate damages on covered property losses. With the City's
agreement, TMLIRP will reimburse SynergyNDS directly on such covered property expenses.
TMLIRP will put in a good faith effort to use local vendors.
"Remember,we are here to serve the Citizens of Port Arthur"
4615 9th Avenue X Port Arthur.Texas 77642 X 409.985.8838
, ,
4 City of
ort rthu _
Texas
Port Arthur Public Library
www.PortArthurTx.gov
Budget Impact: No Impact
Recommendation:
It is recommended that City Council approve the City Manager to execute a contract between
Texas Municipal League Intergovernmental Risk Pool—Turnkey Recovery Program to rebuild
Port Arthur Public Library (4615 9th Avenue), as discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
4615 9th Avenue X Port Arthur,Texas 77642 X 409.985.8838
P.R. No. 20032
01/5/18 sw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT BETWEEN TEXAS MUNICIPAL LEAGUE
INTERGOVERMENTAL RISK POOL — TURNKEY RECOVERY PROGRAM
TO REBUILD PORT ARTHUR PUBLIC LIBRARY (4615 9T" AVENUE)
WHEREAS, the City Council of the City of Port Arthur deems it necessary and
appropriate to execute a contract between Texas Municipal League Intergovernmental
Risk Pool — Turnkey Recovery Program to rebuild Port Arthur Public Library damaged
during Hurricane Harvey; and,
WHEREAS, In the face of the catastrophic damages due to Hurricane Harvey, the
Texas Municipal League Intergovernmental Risk Pool ("TMLIRP") contracted with
SynergyNDS, Inc. ("SynergyNDS") to provide TMLIRP with recovery management and
disaster recovery services on its Members property losses caused by Hurricane Harvey
and covered by TMLIRP. Many of the Members allowed SynergyNDS to locate vendors
that could immediately provide emergency services to stabilize property and mitigate
damages on covered property losses. With prior written authorization by TMLIRP,
SynergyNDS may advance approved claim costs on behalf of covered TMLIRP Member
property loss claims to vendors that provided such emergency services. If the Member
agrees, TMLIRP will reimburse SynergyNDS directly on such covered property expenses;
and
P.R. No. 20032
01/5/18 sw
WHEREAS, as a result of the damage to Port Arthur Public Library, a claim was filed
with Texas Municipal League Intergovernmental Risk Pool ("TMLIRP") with approximate
damages totaling approximately $1 ,950,679.45 excluding contents; and,
WHEREAS, TML has offered to settle the claim for $1 ,950,679.45 less the Physical
Damage deductible amount of $55,497.26, making the final settlement offer
$1 ,895,182.19 which is considered a fair and reasonable settlement; and,
WHEREAS, it is being requested that the City Council authorize TMLIRP to utilize
the Turnkey Recovery Program only as it pertains to Port Arthur Public Library.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
Section 1 . That, the facts and opinions in the preamble are true and correct.
Section 2. That, the City Manager is hereby authorized to execute an authorization
allowing the City to utilize the Texas Municipal League Intergovernmental Risk Pool
Turnkey Recovery Program attached as Exhibit "A" solely as it pertains to losses at Port
Arthur Public Library.
Section 3. That, a copy of this Resolution be spread upon the minutes of the City
Council.
READ, ADOPTED, AND APPROVED this day of , AD, 2018, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
P.R. No. 20032
01/5/18 sw
Mayor:
Councilmembers:
•
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
1),( 0 401, ,b-ekax 8z,
Val Tizehb, City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Andrew Vasquez, CPA
Finance Director
EXHIBIT " A "
TML
IV I i.R(,U%IHV\II♦1.%I Risk I.011.
Texas Municipal League Intergovernmental Risk Pool
Turnkey RecoverysMProgram
In the face of the catastrophic damages due to Hurricane Harvey, the Texas Municipal League
Intergovernmental Risk Pool ("TMLIRP) has contracted with SynergyNDS, Inc. ("SynergyNDS")to
provide TMLIRP with recovery management and disaster recovery services on its Members'
property losses caused by Hurricane Harvey and covered by TMLIRP. These services include
identifying covered property losses, identifying the steps needed to immediately mitigate the
damages, assisting in getting adjusters to the damaged property to estimate the covered damage,
identifying the steps needed to repair the covered property losses, and identifying resources that
can mitigate the damages and repair the covered property losses. This should expedite the overall
recovery needs on covered property losses.
If a Member desires, SynergyNDS can provide additional services and directly work with the
Member to identify vendors (either local or national, depending on the resources required) to be
retained as necessary to assist with stabilization, repairs, and build back of covered property
losses. SynergyNDS will assist in managing the services from the vendors to see they are
performed and documented according to TMLIRP coverage requirements, applicable codes, and
FEMA procurement requirements (for costs that fall outside of Insurance). SynergyNDS will also
provide assistance with Member's compliance and submission of claims with the Federal
Emergency Management Agency (FEMA). This program is called the TurnKey RecoverySM
Program and is designed to serve as an extension of Member's staff that may be at capacity
given the impact of Hurricane Harvey.
The TurnKey RecoverySM Program is intended to provide damage assessments, demolition
services, stabilization of buildings and contents, restoration/reconstruction scope-of-work,
coordination and project management of contractors, and FEMA Public Assistance project
worksheet development. However, this program can be designed to fit the individual needs of
the Member by eliminating services not needed or limiting services to only certain properties.
TurnKey RecoverySM helps to protect Members' operating reserves by reducing or eliminating the
Member's upfront, out-of-pocket expense while waiting for reimbursement from TMLIRP on a
covered property loss. All eligible claim related recovery costs, project material deposits and
vendor progress payments are paid to approved contractors and vendors directly. Recovery and
repair contractors can be those identified by the Member or part of SynergyNDS Managed
Vendor Program (MVP). Members who elect to use the TurnKey RecoverySM Program on eligible
property losses will eliminate the need to incur those associated recovery costs and the standard
reimbursement submittal process previously followed by TMLIRP. Under the TurnKey
RecoverySM Program, TMLIRP and SynergyNDS will work together to approve services, scopes-
of-work and costs in a manner that will protect the Member from incurring or becoming liable for
any additional costs related to the covered claim, except for the stated deductible, covered
exclusions or scheduled limits of coverage. In the event there are costs that are not covered and
apply to the Member, it will be the responsibility of SynergyNDS to identify in writing such costs
for Member approval prior to acceptance and/or further binding engagement.
TMLIRP respects the individual desires and preferences of its Members and their ability to self-
govern. This program is available to Members who find it will enhance their recovery efforts.
Page 1 of 2
TMLIRP Program Election
If the Member desires to use the TurnKey RecoverysM Program for property losses covered by
TMLIRP and damaged by Hurricane Harvey, simply sign this form and return it to TMLIRP.
The (TMLIRP Member Name) elects to
participate and take advantage of the benefits provided through the TurnKey RecoverysM Program
specific to Hurricane Harvey property losses covered by TMLIRP. The Member agrees that
Syndergy NDS, Inc. will act as a Recovery Manager on covered property losses for the Member
by managing and paying vendors directly. The Member also agrees that TMLIRP shall reimburse
SynergyNDS, Inc. directly on covered property losses for which SynergyNDS, Inc. has managed
and paid vendors directly. Member will be responsible to account for the Named Storm
Deductible and should follow applicable procurement procedures to ensure that any costs
outside of TMLIRP Insurance is followed as necessary to comply with potential FEMA Public
Assistance (PA). SynergyNDS will be expected to work with Member to support the FEMA PA
process and to provide required insurance documents to assist in supporting Scope
Development and Project Closeout as related to a TurnKey RecoverysM project(s).
Signature of Authorized Official
Print Name of Authorized Official
Title of Authorized Official
Date
*This authorization soley pertains to losses at the Port Arthur Public
Library (4615 9th Avenue, Port Arthur, Texas)
Page 2 of 2