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Home My WebLink AboutPR 20638: SETTLEMENT OF RENTAL FEES FOR AN EXCAVATOR FROM GOLDENT TRIANGLE INDUSTIRIES, INC. City of C.r ort rFhu Terus INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: December 19, 2018 To: Harvey L. Robinson, Interim City Manager From: Trameka A. Williams, Asst. Director of Human Resor RE: A Resolution Authorizing the City Manager to Execute Settlement of Rental Fees for an Excavator from Golden Triangle Industries, Inc. Nature of the request: On June 24, 2018, Johnny's Towing and Recovery hauler struck an underpass at Memorial Blvd. and Bluebonnet Ave. damaging Streets Unit#1990. Staff Analysis, Considerations: As a result of the damages to Streets Unit #1990, a rental excavator was needed to proceed with projects in the department. The equipment was rented from Golden Triangle Industries, Inc., on a monthly basis. A claim was filed with Johnny's Towing and Recovery's insurance, Liberty mutual Insurance. Liberty Mutual Insurance has issued payment for the first month's rental; however, a claim was filed with Texas Municipal League (TML) for the remaining months. TML has issued payment for the November through December 2018 rental in the amount of$5,538.75. TML will subrogate Liberty Mutual Insurance for funds dispersed on their behalf. Recommendation: I recommend approval of Proposed Resolution No. 20638 authorizing the City Manager to execute settlement of rental fees for an excavator from Golden Triangle Industries, Inc. in the amount of $5,538.75 made against TML as a result of Property Damage to Unit#1990. Budget Considerations: No budgetary impact. "Remember we are here to serve the Citizens of Port Arthur" P.R. No. 20638 01/08/19 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF RENTAL FEES FOR AN EXCAVATOR FROM GOLDEN TRIANGLE INDUSTRIES, INC. IN THE AMOUNT OF $5,538.75 MADE AGAINST LIBERTY MUTUAL INSURANCE AS A RESULT OF PROPERTY DAMAGE TO STREETS UNIT #1990 WHEREAS, on June 24, 2018, Johnny's Towing and Recovery hauler struck an underpass at Memorial Blvd. and Bluebonnet Ave., damaging Streets Unit #1990; and, WHEREAS, the damages were significant and a rental was needed to proceed with projects in the department. The equipment was rented from Golden Triangle Industries, Inc., on a monthly basis. The monthly rental fees are to be paid through Texas Municipal League (TML) and will be subrogated from Johnny's Towing and Towing; and, WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League (TML); and, WHEREAS, Texas Municipal League (TML) has issued payment for the monthly of rental for the excavator in the amount of $5,538.75 for the period of November 12 through December 10. 2018. 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 S5,538.75 for the claim against Liberty Mutual Insurance in substantially the same form as delineated in Exhibit "A". 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, 2019, 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: AiXtut„.. Val Tizeno, ity Attorney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager EXHIBIT " A" miorruomm TML [NTERGOVERNMENTAL RISK POOL. Workers' Compensation • Property • Liability December 19, 2018 Port Arthur Attn: Elizabeth Diaz, HR Director PO Box 1089 Port Arthur, TX 77641-1089 RE: Fund Member : Port Arthur Date of Loss : June 24, 2018 TMLIRP Claim No : PR0000000087876 Rental for November through December, 2018 Damage to Mobile Equipment ID #213 Dear Ms. Diaz: Please find enclosed payment for the rental unit for this claim. Should you have any questions or concerns, please don't hesitate to give me a call at extension 2412. Sincerely, JA-kot., )(4i01...\ Lisa Kutch Senior Claims Specialist Texas Municipal League Intergovernmental Risk Pool Encls: Check, Invoice Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Lane, First Floor • Austin, Texas 78754 • (512)491-2300 • (800)537-6655 Texas Only P.O. Box 149194 • Austin, Texas 78714-9194 GOLDEN TRIANGLE INDUSTRIES INC RENTAL INVOICE 18803 HWY 62 SOUTH Invoice •1 1028677-0006 Page i ORANGE, TX 77630 Invoice date 11/ I . Date out, . . . 6/25/18 30 AM 409-735-7368 Billed thru. 12/10/18 409-735-7873 Fx Job Loc LAKE ARTHUR DRIVE. PORT ARTHUR Job No 2 - CITY OF PORT ART Wr -n s . - Customer: Job Site:5253 CITY OF PORT ARTHUR ITY OF PORT ARTHUR PO BOX 1089 LAKE ARTHUR DRIVE PORT ARTHUR, TX 77641 PORT ARTHUR, TX 77642 C#: 409-983-8160 J#: 409-983-8160 Ordered By: I Purchase Order Number: Yard Parson: Terms: KEVIN CHRISTOPHER I NEEDED DC Net 30 days Insurance Expiration Date. � Sales Representative: System Time: Termination Date: 10/01/18 DOUG CRAIG 11/30/18 9:30 PM 12/10/18 Qty Equipment # Day Week 4 Week Amount 1 TH5288 EXCAVATOR. 200 840.00 2100.00 5250.00 5250.00 Make: SANY Model : SY215C Ser #: 12SY021DJ5288 HR OUT1 2173.00 HR IN' TOTAL: 2173.00 SALES ITEMS: Qty Item number Description Unit Price 1 TDSC TEXAS DIESEL. SURCHARGE 1.5% EA 78.75 78.75 1 THEITX HEAVY EQUIP INV TAX EA 105.00 105.00 THEITX Tax includes .002115% of rental amount 1 ENV ENVIRONMENTAL FEE EA 105.00 105.00 Sub-total : 5538.75 Exempt: Total : 5538.75 BILLED FOR FOUR WEEKS 11/12/18 THRU 12/10/18 00:30 AM IF THE EQUIPMENT DOES NOT WORK EQUIPMENT USAGE ALLOWED.8HRS DAY . CUSTOMER IS RESPONSIBLE FOR REFUELING, PROPERLY,NOTIFY THE OFFICE AT ONCE 40HR WEEK, 160 FIRS 4-WEEK,OT WILL APPLY DAMAGES.REPAIRS OR TIRE REPAIRS I hese reed end agree to all of the terms and conditions hereon end ell terms end conditions in the Mester Equrpnrent Rental Agreement("Agreement')which Is:rtcorporated on the reverse side of this Agreement.If there Is any conflict or terms.the Agreement shall preyed!.I acknowledge receipt of the equipment delivered In good order,end a copy of this end the Agreement Signer represents Mei they we the authorized agent of employee Customer.This and the Agreement represent the entire agreement between us,and there we no oral of Other representations or ngreemrer1ss hone of the terms or conditions of this document end the Agreement may be emended or modillod.except In writing.signed by both of us.Customer is responsible for ell repair or replacement as prosded in the Agreerrertt.Customer hereby authorizes company to send advertisement,end solicitations to customer by a mall or facsimile hnnunission or otherwise.Renter rates based on B working hour,per day, 40 hours per week,160 hours per four week period Overtime charged on overages.The Customer's slgnalwe indicates your understanding of end acceptance of responsibility for operator training requlrenrertts and licensing requirements as required by applicable ocel.slate.end federal reguletloni Customer has inspected the equipment end If any equipment Is not operating property et tune of receipt,you must contact us within one(11 business day.if equipment is shipped via Custmrror provided hensporteton or a thud parry,such as s truck carrier.claims for dsraega.in shipment must be nutria ascfus:very with that Carden or its Insure�e. II I I III 11111111 I II I lI I II i I II II I I III I I II IIIIIII II I II I II I Il ILII III IX � — -- - � e� he ti KevUinpr x _ CUSTOMER SIGNA URE NAME PRINTED DELIVERED BY 1.{v k----_—_ --- ---- - __- --- -- — — — -- — ----