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HomeMy WebLinkAboutPR 20227: DAMAGE CLAIM (TMLIRP) DAMAGE TO WATER DISTRIBUTION UNIT #2005 City of .,.or, —� urt rtltrtr Texas INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: April 25, 2018 To: I-Iarvey L. Robinson, Interim City Manager From: Trameka A. Williams, Safety& Risk Manage 04.,‘. RE: A Resolution Approving a Property Damage Settlement in the Amount of$10,080.40 for Damages to City of Port Arthur Water Distribution, Unit#2005 Nature of the request: On March 20, 2018, Water Distribution unit, #2005 (2014 Ford F- 150 XL 4 DR Cab), was damaged when the operator was struck by a citizen who ran a stop sign. StaffAnalysis, Considerations: The City has Automobile Physical Damage insurance coverage through Texas Municipal League Intergovernmental Risk Pool (TML) with a$2,500.00 deductible. TML has offered the City a settlement of$10,080.40, less the $2,500.00 deductible, making the final settlement offer $7,580.40 (Exhibit "A" attached). This amount is sufficient to cover all estimated property damages for Vehicle #2005. If additional damages are discovered, TML may issue a supplemental payment. Recommendation: I recommend approval of Proposed Resolution No. 20227 authorizing the property damage settlement against TML for damage sustained to Water Distribution unit#2005 (2014 Ford F-150 XL 4 DR Cab). TML has offered to settle the claim for $10,080.40, less the $2,500.00 deductible, making the final settlement offer $7,580.40. This is considered a fair and reasonable settlement. Budget Considerations: The funds received will be deposited in the Insurance Proceeds Account#410-000-369.85-00. "Remember we are here to serve the Citizens of Port Arthur" P.R. NO. 20227 04/22/18 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $10,080.40 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF PROPERTY DAMAGE TO WATER DISTRIBUTION UNIT #2005 WHEREAS, on March 20, 2018, City of Port Arthur Water Distribution unit, #2005 (2014 Ford F-150 XL 4 DR Cab), was damaged when the operator was struck by a citizen who ran a stop sign; and, WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League Intergovernmental Risk Pool (TML); and, WHEREAS, TML has offered to settle the claim for $10,080.40, less the physical damage deductible amount of $2,500.00, making the final settlement offer $7,580.40, which is considered a fair and reasonable settlement. 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 settlement in the amount of $10,080.40, less the physical damage deductible amount of $2,500.00, making the final settlement $7,580.40, which is considered a fair and reasonable settlement. P.R. NO. 20227 4/22/18 TAW 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: Mayor , Councilmembers NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City ttbrney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager ATTACHMENT "A" SWORN STATEMENT PROOF OF LOSS (Automobile) Policy No 7587 Cff.No. Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000076965 Date Issued October 01,2017 Agent Texas Municipal League Intergovernmental Risk Pool Date Expires October 01,2018 Agency At Austin,Texas To the Texas Municipal League Intergovernmental Risk Pool Of Austin, Texas By your policy of insurance described above, you insured Port Arthur (HEREINAFTER CALLED THE MEMBER)AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS: TRADE NAME TYPE OF BODY MODEL MODEL DESCRIPTION (IF TRUCK STATE TONNAGE) (YEAR) VEHICLE IDENTIFICATION NUMBER OF Ford PickupF150 1/2T 2014 1FTFX1CFOEKD69240 AUTOMOBILE TIME AND A loss caused by Collision with motor vehicle occurred on the 20'" day of March,2018 ,about the hour of .M.,the full ORIGIN particulars of which are as follows: (State where and how it occurred) Other vehicle ran stop sign and hit Member vehicle. TITLE AND The insured was the sole owner of the automobile at the time of the loss or damage and no other person had any interest therein,by INTEREST bailment lease,condition sale,mortgage or other encumberance or otherwise,except OTHER At the time of this loss,there was no other insurance on said automobile covering the same perils except: INSURANCE USE At the time of this loss,the said automobile was being used for (PLEASURE.BUSINESS OR COMMERCIAL PURPOSE) and was not being used to carry passengers for compensation or rental or leased of for any illegal purpose except: THE ACTUAL of the property described,the actual loss and damage sustained,and the amount claimed under this Policy are as follows: CASH VALUE CASH VALUE WHOLE LOSS AMOUNT DEDUCTIBLE AMOUNT CLAIMED UNDER THIS POLICY $10,080.40 $2,500.00 $7,580.40 SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he ha against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue any such third party in his name. The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to th insured with respect to the claim being made herein. The said loss or damage did not originate by any act,design or procurement on my 1 our part nor on the part cf anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of any fraud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed. It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights. State of X County of INSURED. Subscribed and sworn to before me this day of PAYMENT AUTHORIZATION NOTARY PUBLIC. Insurance Company, is hereby requested,authorized and empowered to pay,at its option,as follows: To The sum of$ To The sum of$ To The sum of$ Amount Claimed Under Policy$ Witness: Insured Address: By TITLE Witness: Insured Address: By TITLE