HomeMy WebLinkAboutPR 18193: SETTLEMENT CLAIM IN THE AMOUNT OF $6,131.74 (TML) CITY OF PORT ARTHUR
SAFETY & RISK MANAGEMENT
MEMORANDUM
TO: John A. Comeaux, P.E., Acting City Manager
FROM: Lisa Colten, Safety & Risk Management Coordinator
DATE: February 11, 2014
SUBJECT: A Resolution Approving a Property Damage Settlement in the Amount of $6,131.74
Made Against Texas Municipal League Intergovernmental Risk Pool (TML) for City
Dump Truck Unit #1784
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 18193 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to City
Dump Truck Unit #1784 (2010 Freightliner Dump Truck). TML has offered to settle the claim for
$6,131.74, less the City's Automobile Physical Damage deductible of $2,500.00, making the final
settlement offer $3,631.74 (Exhibit "A" attached). This is considered a fair and reasonable settlement.
BACKGROUND:
On October 1, 2013, City of Port Arthur Dump Truck Unit #1784 (2010 Freightliner Dump Truck)
sustained damage when involved in a rear -end collision with another vehicle. The City has Automobile
Physical Damage insurance coverage through TML with a $2,500.00 deductible. Payment has been
received from TML in the amount of $3,631.74. This amount is sufficient to cover all property
damages.
BUDGETARY /FISCAL EFFECT:
The funds received will be deposited in the Public Works - Drainage Motor Vehicle Maintenance Account
#001 - 1204- 531.43 -00.
STAFFING /EMPLOYEE EFFECT:
No effect on staffing levels:
SUMMARY:
recommend approval of Proposed Resolution No. 18193 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to City
Dump Truck Unit #1784 (2010 Freightliner Dump Truck). TML has offered to settle the claim for
$6,131.74, less the City's Automobile Physical Damage deductible of $2,500.00, making the final
settlement offer $3,631.74 (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. 18193
2/11/14 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SETTLEMENT OF A CLAIM IN THE AMOUNT OF $6,131.74 MADE AGAINST TEXAS
MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF
PROPERTY DAMAGE TO CITY DUMP TRUCK VEHICLE #1784
WHEREAS, on October 1, 2013, City of Port Arthur Dump Truck Vehicle #1784 (2010
Freightliner Dump Truck) sustained damage when involved in a rear -end collision with another
vehicle; 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 $6,131.74, less the Automobile
Physical Damage deductible of $2,500.00, making the final settlement $3,631.74. This 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 $6,131.74, less the Automobile Physical Damage deductible of $2,500.00, making the final
settlement $3,631.74, 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, 2014, 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. 18193
2/11/14
Page 2 of 2
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
- 7 1
1 Tize o, Ci Attorn
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APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E., Interim City Manager
• 1/4,4
Dr. A .ert higpen, Director of 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. 1400204761
Date Issued 10 -01 -13 Agent Texas Municipal League Intergovernmental Risk Pool
Date Expires 10 -01 -14 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:
TRADE NAME TYPE OF BODY MODEL MODEL VEHICLE IDENTIFICATION NUMBER
DESCRIPTION (IF TRUCK STATE TONNAGE) (YEAR)
OF
AUTOMOBILE Freightlin Truck Dump Truck 2010 1 FYACYDT6ADAR2991
TIME AND A loss caused by occurred on the 1 day of October 2013 , about the hour of .M., the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Both vehicles were NB on Memorial Blvd, other driver could have possibly cut over in front of member driver and made a sudden
stop. The member driver slammed on his brakes and slid into the back of clmt's truck, causing him to go off the roadway and land upside
down in a ditch.
• 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 F
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
$ $6,131.74 $2,500.00 $3,631.74 •
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 mariner 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.
State of X
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 TITLE