HomeMy WebLinkAboutPR 21490: APPROVIAL OF A SETTLEMENT AGAINST TML FOR DAMAGE TO 2 POLICE VEHICLES p.a.zlyc �
City cif
ort rtltur
Texas
INTEROFFICE MEMORANDUM
Office of Safety & Risk Management
Date: July 13, 2020
To: Ron Burton, Interim City Manager
From: Trameka A. Williams, Director of Human Resoury
RE: A Resolution Authorizing the City Manager to Execute a Settlement with TML for.
Damaged Police Units (1893 and 1937)
Nature of the request: On February 29. 2020, the operators of police units 1893 and 1937
collided with one another damaging the units. Police Unit 1893 (2012 Chevrolet Tahoe)
sustained damage to the front left back quarter panel. Police Unit 1937 (2013 Dodge Charger)
sustained damages to its right back quarter panel. Neither officer was injured in the accident.
Staff Analysis, Considerations: The City has 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 $16,900.00 less the $2,500.00 deductible per unit,
making the final settlement offer $11,900.00 (Exhibit "A" attached).
Recommendation: I recommend approval of Proposed Resolution 21490 authorizing the
property damage settlement against TML for damage sustained to Police Units 1893 and 1937.
TML has offered to settle the claim for $16,900.00, less the $2,500.00 deductible per unit,
making the final settlement offer $11,900.00. This is considered a fair and reasonable
settlement.
Budget Considerations: The funds received will be deposited in Account #625-0000-
369.8.5-00.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. 21490
07/13/20 taw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SETTLEMENT OF A CLAIM FOR DAMAGES TO POLICE UNITS 1893 AND 1937
IN THE AMOUNT OF $16,900.00 MADE AGAINST TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL (TML-IRP)
WHEREAS, on February 29, 2020, the operators of Police Unit 1893 and 1937
collided with one another damaging the units; 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 $16,900.00, less the
Physical Damage deductible amount of $2,500.00 per unit, making the final settlement
offer $11 ,900.00, 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 $16,900.00, less the Physical Damage deductible amount of $2,500.00
per unit, making the final settlement offer $11 ,900.00 for the claim against TML-IRP in
substantially the same form as delineated in Exhibit "A".
P.R No. 21490
07/13/20 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:
(1,tdt, b ;6
ieno, City Attorney %17y
APPROVED FOR ADMINISTRATION:
Ron Burton, Interim City Manager
EXHIBIT " A "
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No 7587 Ctf No.
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000121365
Date Issued October 01, 2019 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires October 01,2020 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 Chevrolet Truck-Sport Utility Tahoe 2012 1GNLC2E09CR166131
AUTOMOBILE
TIME AND A loss caused by Collision with motor vehicle occurred on the 29th day of February, 2020 ,about the hour of .M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Member's vehicle crashed into one another.
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 Al the time of this loss,there was no other insurance on said automobile covering the same perils except:
INSURANCE
At the time of this loss,the said automobile was being used for
USE
(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
$9,675.00 $2,500.00 $7,175.00
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he has
against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue
any such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to the
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my/our part nor on the part of anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of
any fraud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of INSURED.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC
Insurance Company,
is hereby requested,authorized and empowered to pay,at its option,as follows:
To The sum of$
To The sum of$
To The sum of 5
Amount Claimed Under Policy$
Wtness Insured
Address: By
TITLE
Wtness- Insured
Address By
TITLE
SWORN STATEMENT PROOF OF LOSS (Automobile)
Policy No. 7587 Ctf.No.
Policy Coverage at Time of Loss Automobile Physical Damage Company Claim No. A00000000121365
Date Issued October 01,2019 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires October 01, 2020 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
AUTOMOBILE Dodge Pvt Pass-Police Charger 2013 2C3CDXATODH546791
TIME AND A loss caused by Collision with motor vehicle occurred on the 29th day of February,2020 ,about the hour of .M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Member's vehicle crashed into one another.
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
$7,225.00 $2,500.00 4,725.00
SUBROGATION To the extent of the payment made or advanced under this policy,the insured hereby assigns,transfers and sets over to the insurance company all rights,claims or interests that he has
against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby authorizes the insurance company to sue
any such third party in his name.
The insured hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to the
insured with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my/our part nor on the part of anyone having interest in the property insured,or in the said policy of Insurance;nor in consequence of
any fraud or evil practice done or suffered by me I us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the above insurance company is not a waiver of any of its rights.
State of X
County of
INSURED.
Subscribed and sworn to before me this _ day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
Insurance Company,
is hereby requested,authorized and empowered to pay,at its option,as follows:
To The sum of$
To _ _ The sum of$
To The sum of$
Amount Claimed Under Policy$
Witness: Insured
Address' By _
TITLE
Witness Insured
Address' By
TITLE