HomeMy WebLinkAboutPR 21288: APPROVAL OF PAYMENTS TO TML INTERGOVERNMENTAL RISK POOL City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: 02/12/2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Director of Finance
RE: PR No. 21288 - Approval of Payments to TML Intergovernmental Risk Pool
Introduction:
The intent of this Agenda Item is to seek City Council's approval to remit payments to the Texas
Municipal League Intergovernmental Risk Pool (TMLIRP) in the amount up to of$146,576.80.
The payments will be made in installments based on the restitution payments from the Jefferson
County Community Supervision and Corrections Department (Jefferson County CSCD),
including a current amount payable of$11,439.00.
Background:
In 2016,the City Council approved Resolution No. 16-307 to settle a crime coverage claim with
TMLIRP in the amount of$279,921.20, less the deductible of$5,000. The criminal case was
resolved and the defendants were ordered to pay restitutions in the total amount of$146,576.80.
Restitution has begun to be repaid to the City through Jefferson County CSCD (Probation
Office). A total of$11,439.00 has been remitted to the City to date and is owed to TMLIRP
since the claim was paid in full in 2016.
Budget Impact: Funds are available in liability account number 001-0000-219.00-00 and will
be repaid to TMLIRP as collected.
Recommendation:
It is recommended that City Council approve payments to the Texas Municipal League
Intergovernmental Risk Pool in an amount up to $146,576.80 to be paid in installments as
received from the Jefferson County CSCD, including a current amount due of$11,439.00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. NO 21288
KD 2/12/20
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO REIMBURSE THE TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL (TMLIRP) IN AN
AMOUNT UP TO$146,576.80 ON AN INSTALLMENT BASIS
AS RESTITUTION PAYMENTS ARE RECEIVED FROM
THE JEFFERSON COUNTY COMMUNITY SUPERVISION
AND CORRECTIONS DEPARTMENT. FUNDS ARE
AVAILABLE IN ACCOUNT NO. 001-0000-219.00-00.
WHEREAS,between FY-2013 and FY 2015,the City of Port Arthur experienced various
thefts and claims for the losses that were filed with Texas Municipal League Intergovernmental
Risk Pool (TMLIRP); and
WHEREAS, per Resolution No. 16-307, City Council authorized settlement of the claim
with TMLIRP in the total amount of$279,921.20,less the crime coverage deductible of$5,000.00,
making the final settlement $274,921.20; and
WHEREAS,the defendants were ordered to pay restitution to the City in an amount up to
$146,576.80 through Jefferson County Community Supervision and Corrections Department
(Jefferson County CSCD); and
WHEREAS, the amounts of restitution received by the City must be then remitted to
TMLIRP as reimbursement of the settlement claim.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to reimburse
TMLIRP for the settlement claim in an amount up to $146,576.80, to be paid upon receipt of
restitution funds from Jefferson County CSCD,including a current amount payable of$11,439.00.
P.R. NO 21288
KD 2/12/20
Section 3. That a copy of the caption of this Resolution shall be spread upon the
Minutes of the City Council.
READ,ADOPTED,AND APPROVED,this day of February, 2020 AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor: •
Councilmembers:
NOES:
Thurman"Bill"Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVE I AS TO FORM:
10! C Lai IP 0+
Vale•� ./ ize , City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
Kandy Daniel, Interim Director of Finance
P.R. NO 21288
KD 2/12/20
EXHIBIT "A"
City of Port Arthur
Restitution Payments and Remittances
Total Thru 1/31/20 Balance Thru 1/31/20
Defendant Owed Pymts Received* Due Pymts to TML Pymts Due TML
Frank, David 65,959.56 3,235.00 62,724.56 0.00 3,235.00
Nauth, Rabindra 14,657.68 1,583.00 13,074.68 0.00 1,583.00
Guidry, Steven 36,644.20 3,523.00 33,121.20 0.00 3,523.00
Davis, Randle 29,315.36 3,098.00 26,217.36 0.00 3,098.00
Total 146,576.80 11,439.00 135,137.80 0.00 11,439.00
* Restitution payments are received from Jefferson County CSCD (Probation Office)
Contact: Brenda Walden (409) 951-2204, bwalden@co.jefferson.tx.us
TML
INTERGOVERNMENTAL RISK POOL
Workers' Compensation • Property • Liability
January 4, 2019
The Honorable Chris Bynum VIA FACSIMILE AIVD EMAIL:
Jefferson County District Attorney's Office Fax: (409) 835-8573
Jefferson County Courthouse Email: cbvnum(ico.iefferson.Lx.us
1085 Pearl Street, 3rd Floor
Beaumont, TX 77701
Revised Request for Restitution
Defendants: Rabindra Nauth, Steven Robert Guidry, and
David Fitzgerald Frank
Cause Nos: 18-28925 through 18-28927
Member: City of Port Arthur
TMLIRP Claim No. PR42213
Date of Loss: December 21, 2012 through September 30, 2015
Place of Loss: Port Arthur, Jefferson County, Texas
Dear Prosecutor Bynum:
In preparing the requested documentation a discrepancy was discovered in the amount
previously requested in restitution and the amount actually paid by Texas Municipal League
Intergovernmental Risk Pool (TMLIRP)for the losses on this claim to the City of Port Arthur,
Texas.From December 21,2012 through September 30,2015,defendants Rabindra Nauth, Steven
Robert Guidry, David Fitzgerald Frank, and Randle David, Jr. criminally defrauded the City of
Port Arthur. In accordance with an interlocal agreement between the City of Port Arthur and Texas
TMLIRP, TMLIRP is entitled to the total amount paid on this claim. As such, this is TMLIRP's
written request for restitution from the defendants for the amount of$279,921.20 which includes
the $5,000 deductible paid by the City of Port Arthur.
We respectfully request that restitution be imposed on defendants Rabindra Nauth, Steven
Robert Guidry, and David Fitzgerald Frank for the above-referenced amount of our property
losses. I have enclosed a copy of the Proof of Loss as approved by the City of Port Arthur. It is
also our understanding that the case against Randle Davis, Jr. has been closed. We would like to
request a copy of the Final Judgment or Plea pertaining to Mr. Davis' case for our files.
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