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HomeMy WebLinkAboutPR 24223: PROPERTY DAMAGE SETTLEMENT IN THE AMOUNT OF $30,883.04 FOR DAMAGES TO CITY OF PORT ARTHUR PARKS AND RECREATION UNIT #2242 E,.e gv City of en> )mil ort rthur Texas INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: April 8, 2025 To: Ronald Burton, CPM, City Manager From: Trameka A. Williams, Director of Human Resou VJ RE: A Resolution Approving a Property Damage Settlement in the Amount of$30,883.04 for Damages to City of Port Arthur Parks and Recreation Unit#2242 Nature of the request: On September 7, 2024, the operator of Parks and Recreation Unit 2242(2018 Kubota Tractor MS111HFC) was cutting on Memorial Blvd. and 19th Street levy when the tractor began to drag. The operator stated the attachment began to dig in an uneven portion of the ground and attempted to lift it causing the weight of the tractor to flip the unit. The unit was being borrowed by the Drainage Division and Human Resources does not have any disciplinary information relating to the accident against the employee. Staff Analysis, Considerations: The City filed a claim with Texas Municipal League — Intergovernmental Risk Pool (TML-IRP) and they have offered the City of Port Arthur a settlement of$30,833.04, less the $10,000.00 deductible,making the final settlement, $20,833.04 (Exhibit "A" attached) which is considered a fair and reasonable settlement for Unit #2242. If additional damages are discovered, TML-IRP will be notified immediately of additional coverage payments. Recommendation: I recommend approval of Proposed Resolution No. 24223 authorizing the property damage settlement against Texas Municipal League — Intergovernmental Risk Pool (TML-IRP) for damage sustained to Parks and Recreation Unit #2242 (2018 Kubota Tractor). Texas Municipal League-Intergovernmental Risk Pool has offered to settle the claim for $30,833.04, less-the $10,000.00 deductible, making the final settlement-offer$20,833.04. This is considered a fair and reasonable settlement. Budget Considerations: The funds received will be deposited in the Insurance Proceeds Project#HINGF. "Remember we are here to serve the Citizens of Port Arthur." P.O. No. 24223 04/08/25 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF A PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $30,833.04 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TMLIRP) AS A RESULT OF PROPERTY DAMAGE TO PARKS AND RECREATION UNIT#2242 WHEREAS, on September 17, 2024, the operator of Parks and Recreation Unit #2242 (2018 Kubota Tactor MS 111 HFC) was cutting on Memorial Blvd. and 19th Street levy when the tractor allegedly began to drag. The report indicated that the attachment started to sink into an uneven section of the ground and tried to elevate it,resulting in the tractor's weight causing the unit to flip. WHEREAS, as a result of the damage, a claim was filed with the Texas Municipal League Intergovernmental Risk Pool(TMLIRP);and, WHEREAS, TMLIRP has offered to settle the claim for $30,833.04, less than the Physical Damage deductible amount of $10,000.00, making the final settlement offer $20,833.04, which is considered a fair and reasonable settlement. NOW, THEREFORE, BE 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 a settlement in the amount of $30,833.04, less the Physical Damage deductible amount of$10,000.00,making the final settlement offer $20,833.04, for the claim against TMLIRP 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. P.O.No. 24223 04/08/25 TAW READ, ADOPTED, AND APPROVED this day of , AD, 2025, 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: Roxann Pais Cotroneo, City Attorney APPROVED , : ' , 1 ;INISTRATION: \frir" _ ,. Ron Burton, C' , \ i Manager P.O. No. 24223 04/08/25 TAW EXHIBIT"A" 9.3111 4--ALL,Q);1 fj c f...1 „.j,.i Texas Municipal League Prost Bank immOmmi inteovernmenl Risk Pool Parkdale Date Number T�/LL Joint Self Insurance Fund88-2322H149 INTISPOOVELNIONTjr 1821 Rutherford Lane AL IOW POOL Austin,TX 78754 59 01/30/25 09114316 (512)491-2300 TX0000000225930 I[II 11III 11III 111111III 11III 11III lull II III 11111 Amount pay TWENTY Thousand EIGHT Hundred THIRTY THREE Dollars and FOUR $*****20,833 .04 Cents To City of Port Arthur /.04pi/eye PO Box 1089 Port Arthur, TX 77641-1089 Void After 90 Days 1 SIGNATURE HAS A COLORED BACKGROUND•BORDER CONTAINS MICROPRINTING CLAIM NUMBER PAYMENT FOR FOR THE PERIOD AMOUNT ADJUSTER INVOICE NUMBER LINE CATEGORY TX0000000225930 Port Arthur 30,833 .04 mike.myers Personal Propert TX0000000225930 Port Arthur -10,000.00 mike.myers Deductible City of Port Arthur 09114316 20, 833 .04 01/30/25 I477449