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HomeMy WebLinkAboutPR 21478: APPROVAL TO EXECUTE A SETTLEMENT AGAINST TML FOR TRAFFIC SIGNAL DAMAGE (1?R, 2.1A19 City of _ - -,_: :. :_ 0 ) nrt rtlrtrr INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: June 29, 2020 To: Ron Burton. City Manager From: Trameka A. Williams, Director of Human Res c . RE: A Resolution Authorizing the City Manager to Execute TML Settlement for Traffic Signal Damage at Jimmy Johnson Blvd. and 9th Avenue Nature of the request: On May 11, 2020, a Gulf Coast commercial dump truck driver was traveling on Jimmy Johnson Blvd. and 9th Avenue with the bed of the truck slightly up and pulled the power lines down. In doing so, the complete signal light set controlling the intersection was destroyed. Staff Analysis, Considerations: As a result of the damages to the traffic signal, Third Coast Services, LLC was called to repair the traffic signal and its components at a cost of$73.332.00. A claim was filed with Texas Municipal League (TML) and approved with a $5,000.00 deductible, making the final payment $68,332.00. TML will subrogate for funds dispersed on their behalf. If additional funds are retrieved, TML may issue a supplemental payment. Recommendation: 1 recommend approval of Proposed Resolution No. 21478 authorizing the City Manager to execute settlement against TML for damage sustained to the traffic controlling set on Jimmy Johnson and 9`h Avenue. TML has offered to settle the claim for $73,332.00, less the $5.000.00 deductible making the final settlement offer $68,332.00. This is considered a fair and reasonable settlement. Budget Considerations: The funds received with be deposited into Account #001-1205- 531.45-00. "Remember we are here to serve the Citizens of Port Arthur" P.R. 21478 07/13/20 taw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT OF A CLAIM FOR TRAFFIC SIGNAL DAMAGE AT JIMMY JOHNSON BLVD. AND 9TH AVENUE IN THE AMOUNT OF $73,332.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML-IRP) WHEREAS, on May 1 1 , 2020, a Gulf Coast commercial dump truck driver was traveling on Jimmy Johnson Blvd. and 9' Avenue with the bed of the truck slightly up and pulled the power lines down. In doing so, the complete signal light set controlling the intersection was destroyed; and, WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League Intergovernmental Risk Pool (TML-IRP); and, WHEREAS, TML-IRP has offered to settle the claim for $73,332.00, less the Physical Damage deductible amount of $5,000.00, making the final settlement offer $63,332.00, 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 $73,332.00, less the Physical Damage deductible amount of $5,000.00, making the final settlement offer $63,332.00 for the claim against TML-IRP in substantially the same form as delineated in Exhibit "A". P.R No. 21478 7/13/20 taw Page 2 of 2 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, 2020, at a 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 APPROVED AS TO FORM: cri1) �. G Val Tizen., City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, Interim City Manager EXHIBIT " A " SWORN STATEMENT IN PROOF OF LOSS $ 532,041 7587 AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER October 01,2019 PR0000000121944 COVERAGE EFFECTIVE DATE TML CLAIM NUMBER October 01,2020 COVERAGE EXPIRATION DATE To the Texas Municipal League Intergovernmental Risk Pool of Austin,Texas. At time of loss,the TMLIRP provided self-insurance coverage through the Interlocal Agreement to: Port Arthur against loss by vehicle collision to the property described according to the terms and conditions of said contract and all forms,endorsements,transfers and assignments attached thereto. 1. Time and Origin: A vehicle collision loss occurred about the hour of o'clock m.on the 11th day of May,2020 . The cause and origin of the said loss were: A dump truck owned by Gulfcoast snagged the traffic signal ID 121,pulling it down. 2. Occupancy: The building described, or containing the property described,was occupied at the time of the loss as follows, and for no other purpose whatever: N/A 3. Title and Interest: At the time of the loss, the interest of your member in the property described therein was n/a . No other person or persons had any interest therein or encumbrance thereon,except: n/a 4. Changes: Since the said contract was issued,there has been no assignment thereof, or change of interest, use,occupancy,possession, location or exposure of the property described,except: n/a 5. Total Insurance: The total amount of coverage upon the property described by this contract was,at the time of the loss $ 532,041 as more particularly specified in the apportionment attached,besides which there was no policy or other contract of insurance,written or oral,valid or invalid. 6. The Whole Loss and Damage $73,332 7. The Actual Cash Value Of Claim . . . . . . . . . . . . $ 8. Recoverable Depreciation pending repairs . . . $ Less Amount of Deductible $5,000 9. The Amount Claimed under the above numbered contract is . . . . . . . $68,332 The said loss did not originate by any act,design or procurement on the part of your member,or this affiant;nothing has been done by or with the privity or consent of your member or this affiant,to violate the conditions of the contract,or render it void;no articles are mentioned herein or in annexed schedule but such as were destroyed or damaged at the time of said loss; no property saved has in any manner been concealed,and no attempt to deceive the said TMLIRP,as to the extent of said loss,has in any manner been made. Any other information that may be required will be furnished and considered a part of this proof. The furnishing of this blank or the preparation of proofs by a representative of the above self-insurance fund is not a waiver of any of its rights. State of County of Authorized Representative of Subscribed and sworn to before me this day of ,20 Notary Public