HomeMy WebLinkAboutPR 18489: SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM IN THE AMOUNT OF $7,514.30 MADE AGAINST (TML) POLICE VEHICLE #1864 CITY OF PORT ARTHUR
SAFETY & RISK MANAGEMENT
MEMORANDUM
TO: John A. Comeaux, P.E., Interim City Manager
FROM: Lisa Cotten, Safety & Risk Management Coordinator
DATE: August 13, 2014
SUBJECT: A Resolution Approving a Property Damage Settlement in the Amount of $7,514.30
for Damages to City of Port Arthur Police Vehicle #1864
COMMENTS
RECOMMENDATION:
I recommend approval of Proposed Resolution No. 18489 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to Police
Vehicle #1864 (2010 Dodge Charger). TML has offered to settle the claim for $7,514.30, less the City's
Automobile Physical Damage deductible of $2,500.00, making the final settlement offer $5,014.30
(Exhibit "A" attached). This is considered a fair and reasonable settlement.
BACKGROUND:
On July 18, 2014, Police Vehicle #1864, operated by Police Officer Mendez who was responding to a
call, turned from Austin Avenue onto Thomas Blvd. which was flooded due to heavy rains. The City has
Automobile Physical Damage insurance coverage through TML with a $2,500.00 deductible. TML
has offered the City a settlement of $7,514.30, less the $2,500.00 deductible, making the final
settlement offer $5,014.30. This amount is sufficient to cover all estimated property damages for
Vehicle #1864. If additional damages are discovered, TML may issue a supplemental payment.
BUDGETARY/FISCAL EFFECT:
The funds received will be deposited in the Police Department Motor Vehicle Maintenance Account
#001-1101-521.43-00.
STAFFING/EMPLOYEE EFFECT:
No effect on staffing levels:
SUMMARY:
I recommend approval of Proposed Resolution No. 18489 authorizing the property damage settlement
against Texas Municipal League Intergovernmental Risk Pool (TML) for damage sustained to Police
Vehicle #1864 (2010 Dodge Charger). TML has offered to settle the claim for $7,514.30, less the City's
Automobile Physical Damage deductible of $2,500.00, making the final settlement offer $5,014.30
(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. 18489
8/13/14 LJC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT OF AN AUTOMOBILE PHYSICAL DAMAGE CLAIM
IN THE AMOUNT OF $7,514.30 MADE AGAINST
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE TO POLICE VEHICLE#1864
WHEREAS, on July 18, 2014, City of Port Arthur Police Vehicle #1864 (2010 Dodge Charger) was
damaged due to flooded streets during heavy rains; 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$7,514.30, less the Automobile Physical Damage
deductible amount of $2,500.00, making the final settlement $5,014.30, 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
$7,514.30, less the Automobile Physical Damage deductible amount of $2,500.00, making the final
settlement $5,014.30, 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, 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. 18489
8/13/14 LJC
Page 2 of 2
Deloris"Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizen,City( ttorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E., Interim City Manager
Dr. Albert T. Thigpen, 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. 1400213617
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 g
AUTOMOBILE Dodge Car Charger 2010 2B3AA4CV3AH202417
TIME AND A loss caused by occurred on the 18 day of July 2014 ,about the hour of M.,the full
ORIGIN particulars of which are as follows: (State where and how it occurred)
Officer was responding to a call and turned from Austin Ave onto Thomas Blvd.The street was flooded due to
heavy rains.
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
$ $7,514.30 $2,500.00 $5,014.30
SUBROGATION To the extent of the payment made or advanced under this policy,the Member hereby assigns,transfers and sets over to the Texas Municipal League Intergovernmental Risk Pool all
rights,claims or interests that he has against any person,firm or corporation liable for the loss or damage to the property for which payment is made or advanced. He also hereby
authorizes the Texas Municipal League Intergovernmental Risk Pool to sue any such third party in his name.
The Member hereby warrants that no release has been given or will be given or settlement or compromise made or agreed upon with any third party who may be liable in damages to t
Member with respect to the claim being made herein.
The said loss or damage did not originate by any act,design or procurement on my I our part nor on the part of anyone having interest in the property covered,or in the said coverage document;nor in consequence
of any fraud or evil practice done or suffered by me/us and that no property saved has in any manner been concealed.
It is expressly understood and agreed that the furnishing of this blank or the preparation of proof by a representative of the Texas Municipal League Intergovernmental Risk Pool is not a waiver of any of its rights.
State of X
County of
Member.
Subscribed and sworn to before me this day of
PAYMENT AUTHORIZATION NOTARY PUBLIC.
is hereby requested,authorized and empowered to pay,at its option,as follows:
To The sum of$
To The sum of$
To The sum of$
Amount Claimed Under Coverage Document $
Witness: Insured
Address: By
TITLE