HomeMy WebLinkAboutP.R. 15784: SETTLEMENT OF CLAIM - THEFT/VANDALISM AT HEALTH DEPARTMENTCITY OF PORT ARTHUR
SAFETY & RISK MANAGEMENT
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager
FROM: Lisa Colten, Safety ~ Risk Management Coordinator
DATE: March 9, 2010
SUBJECT.. A Resolution Approving Settlement of a Property Damage Claim in the
Amount of $19,237.95 as a Result of TheftNandalism at the Health Department
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 15784 which authorizes the settlement of the
property damage claim in the amount of $19,237.95 made against Texas Municipal League
Intergovernmental Risk Pool (TML) as a resullt of the theft and vandalism at the Health
Department on November 24, 2009. Payment in the amount of $19,237.95 has been received.
This amount represents the total property dam<~ges of $24,237.95, less the City's Real and
Personal Property deductible of $5,000.00; therefore, this is considered a fair and reasonable
settlement.
BACKGROUND:
On November 24, 2009, it was discovered that Health Department facility located at 449 Austin
Avenue had been broken into and burglarized. Loss to date totals $24,237.95. The City has
property insurance coverage through TML for su~;.h damages with a $5,000 Real and Personal
Property deductible. Payment has been received from TML in the amount of $19,237.95 (Exhibit
"A"). If additional losses are established, TML may issue a supplemental payment.
BUDGETARY/FISCAL EFFECT:
The funds received will be deposited in the appropriate account designated by the Finance
Director.
STAFFING/EMPLOYEE EFFECT:
No effect on staffing levels:
SUMMARY:
I recommend approval of Proposed Resolution Nc-. 15784 which authorizes the settlement of the
property damage claim in the amount of $19,237.95 made against Texas Municipal League
Intergovernmental Risk. Pool (TML) as a result of the theft and vandalism at the Health
Departments on November 24, 2009. Payment in the amount of $19,237.95 has been received.
This amount represents the total property damages of $24,237.95, less the City's Real and
Personal Property deductible of $5,000.00; therefore, this is considered a fair and reasonable
settlement.
"REMEMBER, WE ARE HERE TO SERVE THE: CITIZENS OF PORT ARTHUR"
P.R. No. I s ~ gy
3/09/10 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY 1"O EXECUTE THE SETTLEMENT
OF A CLAIM IN THE AMOUNT OF $19,237.95 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THEFTNANDALISIVI AT THE HEALTH DEPARTMENT
WHEREAS, on November 24, 2009, the Health DeF~artment suffered property damage and loss as a result of
theft and vandalism; and,
WHEREAS, as a result of the property damage and loss, a claim was filed with Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, TML has offered to settle the claim for $24,237.95, less the Real and Personal Property
deductible annount of $5,000.00, making the final settlement $19,237.95, which is considered a fair and reasonable
settlement...
NOV1/, 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. l"hat, the City Manager is hereby authorised to do all things necessary to execute settlement in the
amount of $19,237.95 for the claim against TML 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, 2010, at a Meeting of
the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers
NOES:
ATTEST:
Deloris "Bobbie" Prince, Mayor
City Secretary
APPROVED :A,S TO FORM:
'~~ 1 lih~. ~~""' G/
City Attorney ~;~-
APPROVED IFOR ADMINISTRATION:
City Manager
EXHIBIT "A"
SWORN STATEMENT IIN PROOF OF LOSS
$ 140,367,983.00 _ _ Exhiblh "A" 7587
AMOUNT OF COVERAGE AT TIME OF LOSS CONTRACT NUMBER
10-01-09
COVERAGE EFFECTIVE DATE
1000162656
TML CLAIM NUMBER
10-01-10
COVERAGE EXPIRATION DATE
To the Texas Municipal League Intergovernmental Risk Pool of Austin, Texas.
At time of loss, the TML-IRP provided self-insurance coverage through the Interlocal Agreement to
City of Fort Arthur
against loss by theft _ to the property described according to the terms and
conditions of said contract and all forms, endorsements, transfers and assil;nments attached thereto.
1. Time and Origin: A theft loss occurred about the hour of o'clock m. on the 24th day
of November 2009 __ .The cause and origin of the said loss were: theft from Health Department
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:
3. Title and Interest: At the time of the loss, the interest of .your member in the property described therein was
~`~~~ _ 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
$ _ 140,367,983_ as more particularly specified in the apportionnnent attached, besides which there was no policy or other contract of
insurance, written or oral, valid or invalid.
6. T'he Actual Cash Value of said property at the time of the loss was $ 24,237.95
7. The Whole Loss and Damage was $ TBD
8. Less Amount of Deductible $ 5,000.00
9. The Amount Claimed under the above numbered contract is . $ 19,237.95
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 o~~Fyour member or this affiant, to violate the conditions of the contract, or render it void; no articles are mentioned
herein or in anne:xecl 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 atlempt to deceive the said TML-IRP, 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
Subscribed and sworn to before me this
Authorized fZepresentative of
day of , 20
Notary Public