HomeMy WebLinkAboutPR 17696: PROPERTY DAMAGE SETTLEMENT FOR GARBAGE TRUCK CITY OF PORT ARTHUR
SAFETY & RISK MANAGEMENT
MEMORANDUM
TO: Floyd T. Johnson, City Manager
FROM: Lisa Colten, Safety & Risk Management Coordinator
DATE: July 23, 2013
SUBJECT: A Resolution Approving a Property Damage Settlement in the Amount of $21,298.12
Made Against Texas Municipal League Intergovernmental Risk Pool (TML) for City
Garbage Truck Unit #1630
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 17696 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to City
Garbage Truck #1630 (2007 Mack Automated Garbage Truck). TML has offered to settle the claim for
$21,298.12, less the City's Automobile Physical Damage deductible of $2,500.00, making the final
settlement offer $18,798.12 (Exhibit "A" attached). This is considered a fair and reasonable settlement.
BACKGROUND:
On February 6, 2013, City Garbage Truck #1630 (2007 Mack Automated Garbage Truck) was
damaged when the grapple arm extended and struck several mailboxes and a parked car as
Equipment Operator I Ronald Johnson was servicing toters. The City has Auto Physical Damage
insurance coverage through TML with a $2,500.00 deductible. Payment has been received from TML
in the amount of $18,798.12. This settlement amount is sufficient to cover all estimated property
damages for Vehicle #1630. If additional related damages are discovered, TML may issue a
supplemental payment.
BUDGETARY /FISCAL EFFECT:
The funds received will be deposited in the Public Works Garbage Vehicle Maintenance Account #403-
1272- 533.43 -00.
STAFFING /EMPLOYEE EFFECT:
No effect on staffing levels:
SUMMARY:
I recommend approval of Proposed Resolution No. 17696 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to City
Garbage Truck #1630 (2007 Mack Automated Garbage Truck). TML has offered to settle the claim for
$21,298.12, less the City's Automobile Physical Damage deductible of $2,500.00, making the final
settlement offer $18,798.12 (Exhibit "A" attached). This is considered a fair and reasonable settlement.
Attachment
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.R. No. 17696
7/23/13 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SETTLEMENT OF A CLAIM IN THE AMOUNT OF $21,298.12
MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF PROPERTY DAMAGE TO CITY GARBAGE TRUCK #1630
WHEREAS, on February 6, 2013, City Garbage Truck #1630 (2007 Mack Automated Garbage
Truck) sustained damage when the grapple arm extended and struck several mailboxes and a parked car;
and,
WHEREAS, as a result of the damage, a claim was filed with Texas Municipal League
Intergovernmental Risk Pool (TML); and,
WHEREAS, TML has offered to settle the claim for $21,298.12, less the Automobile Physical
Damage deductible amount of $2,500.00, making the final settlement $18,798.12, 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
$21,298.12, less the Automobile Physical Damage deductible amount of $2,500.00, making the final
settlement $18,798.12, for the claim against TML in substantially the same form as delineated in Exhibit
"A" (attached).
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, 2013, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor , Councilmembers
NOES: •
P.R. No. 17696
7/23/13 LJC
Page 2 of 2
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPRO ED AS TO FORM:
Val Tizeno, Atto ;fly
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, City Manager
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Dr. Albe ‘ . _ • en, D Human Resources
Exhibit "A"
SWORN STATEMENT PROOF OF LOSS (Automobile)
Contract No. 7587 Ctf. No.
Contract Coverage at Time of Loss Auto Physical Damage TML -IRP Claim No. 1300202571
Date Issued 10 -01 -12 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires 10 -01 -13 Agency At Austin, Texas
To the Texas Municipal League Intergovernmental Risk Pool
Of Austin, Texas By your coverage document described above,
you Member City of Port Arthur
(HEREINAFTER CALLED THE MEMBER) AGAINST LOSS OF OR DAMAGE TO THE AUTOMOBILE DESCRIBED AS FOLLOWS: —
TYPE OF BODY MODEL MODEL VEHICLE IDENTIFICATION NUMBER
DESCRIPTION TRADE NAME (IF TRUCK STATE TONNAGE) (YEAR)
OF
AUTOMOBILE Mack Garbage Truck 2006 039168
TIME AND A loss caused by occurred on the 6th day of February , about the hour of .M., the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Member garbage truck's mechanical arm hit several mailboxes.
TITLE AND The Member 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 Business
(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 Contract are as follows:
CASH VALUE CASH VALUE WHOLE LOSS AMOUNT DEDUCTIBLE AMOUNT CLAIMED UNDER THIS POLICY
$ $21,298.12 $2,500.00 $18,798.12
SUBROGATION To the extent of the payment made or advanced under this policy, the Member hereby assigns, transfers and sets over to the Texas Municipal League Intergovernmental Risk Pool 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 Texas Municipal League Intergovernmental Risk Pool to sue any such third party in his name.
The Member 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 t
Member 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 covered, or in the said coverage document; 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 Texas Municipal League Intergovernmental Risk Pool is not a waiver of any of its rights.
X
State of
County of Member.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
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 Coverage Document $
Witness: Insured
Address: By —�