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HomeMy Public PortalAbout12-8468 North American risk Services for Replenishment of Loss Funcds Sponsored by: City Manager Resolution No. 12-8468 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO RATIFY THE PAYMENT TO NORTH AMERICAN RISK SERVICES (NARS) FOR REPLENISHMENT OF LOSS FUNDS IN THE AMOUNT OF $13,139.26 SHALL BE PAID FOR COURT ORDERED ATTORNEY'S FEES, IN THE MATTER OF ALONZO WILLIAMS, PAYABLE FROM ACCOUNT #19- 519240;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, North American Risk Services (NARS) has assisted the City in the Alonzo Williams Worker's Compensation matter. WHEREAS,as part of the Alonzo Williams matter,the City was required to make payment by August 30, 2012, or additional expense for penalties and interest would be incurred; and WHEREAS,the City Commission of the City of Opa-locka desires to ratify the payment to North American Risk Services (NARS) in the amount of $13,139.26, to be from the General Government Account, Account No 19-519240; and WHEREAS, the City Commission of the City of Opa-locka ratifies the payment to North American Risk Services (NARS). NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 12-8468 Section 2. The City Commission of the City of Opa-locka hereby ratifies the payment in the amount of$13,139.26 to North American Risk Services(NARS),payable from Account No. 19- 519240. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of October, 2012. MY AYLOR MAYOR Attest to: "A J g A„. ..„„ 1 Joanna Flores Interim City Clerk Approved as to orm . d legal suf • cy: id,"1 . , i L.A. ... i1 It Josepi'=. t-1 er City . to /-y Moved by: COMMISSIONER MI I R Seconded by: COMMISSIONER HO ES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES .trash 4 4 ,r 8Pamigat2ggia gzoickt. Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Gail Miller Commissioner Rose Tydus FROM: Kelvin L. Baker City Manager DATE: October 5,2012 RE: Agenda Item—Ratification of(North American Risk Services) NARS Payments Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA RATIFYING THE PAYMENT TO NORTH AMERICAN RISK SERVICES FOR REPLENISHMENT OF THE LOSS FUND IN THE AMOUNT OF $13,139.26 FROM WHICH $12,531.00 WILL BE PAID FOR COURT ORDERED SETTLEMNT OF ATTORNEY FEES FOR THE ALONZO WILLIAMS CASE TO BE PAID FROM ACCOUNT #19-519240. Description: Resolution ratifying the payment of$13,139.26 to North American Risk Services (NARS)to replenish the loss fund and for payment of Court Ordered Settlement for attorney fees in the amount of$12,531.00 for Alonzo Williams Case. Financial Impact: $13,139.26 from the general government account. Implementation Timeline: Court Ordered Settlement date was August 30, 2012 Legislative History: N/A Recommendation(s): Staff Recommends approval for payment of vendor. Analysis: Staff is requesting ratification of the payment to North American Risk Services(NARS) which allowed the City to avoid additional exposure for penalties and interest, along with a possible Rule Nisi, meaning the City of Opa-locka would have to show cause as to why payment was not made per the Order signed by the Judge of Compensation Claims. Attachments: Copy of check, Check Request and Backup documentation PREPARED BY: Shirley Freeman, Human Resources Director O 0 O _rt II a ..t.4\aff7ic' ti■Fi 0.1 OApORA City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: 09-12-2012 xx (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) Public Hearing: Yes No Yes No XX (Enter X in box) X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) Gen-Govt (EnterX in box) XXX Workers 19-519240 Compensation Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) XXX N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational El XXX Bus.&Economic Dev 0 Public Safety I Quality of Education 0 Qual.of Life&City Image p Communcation 0 Sponsor Name Department: Joseph Geller City Attorney Short Title: Resolution ratifying the payment of $13,139.26 to North American Risk Services for replenishment of loss fund and payment of $12,531.00 for Court Ordered Settlement for attorney fees for Alonzo Williams. Staff Summary: Staff recommends payment of said fees through North American Risk Services. Proposed Action: Approval for Ratification of payment to NARS for replenishment of loss fund and payment of court ordered settlement. Attachment: Copy of payment, check request and correspondence from North American Risk Services.. . . -4,, '"',.\ 6r7y ei 1-;! A PA!'igoni( CNA Wells Fargo Bank, N.A. 13100 N.W. 27th Ave 11-24 1210 _ 1 al ■\,. e., :. i elreek, Opa Locka, Florida 33054 gg CHECK DATE CHECK-NO • `-t.444,....-"" 08/30/12 86298 . r ..._.. AMOUNT $****13,139.26* , _. PAY THE SUM OF THIRTEEN::THOUSAND,%ONE HUNDRED THIRTY NINE DOLLARS t & 26 CENTS . ••. . , _ . TO THE NORTH AMERICAN RISK SERVICES:'- ORDER 240 240 E CENTRAL PARKWAY OF SUITE 4010 ! . ( (t ALTAMONTE SPRINGS FL 32701 00008G 2980 1: i 2 LOCO 2481: 412A 5 250,1910 City of Opa-Locka VENDOR NO. 13525 CHECK NO. 86298 19 519240 JULY 2012 13,139.26 7.1.12/7.31.12 LFR d .., /14 t \24..,_(,,---7- "._ ,7i, , . , 1 0 „„ ) nf . 13525 NORTH AMERICAN RISK SERVICES \ „ 14 ••.011 \ ,) 1 \__._ ow_ :-4,-•u • i,,,/ \-\ L-------- , \-\:7 ----- . . . . kk . 6r. ark, 1 No: an ,,c-nu,reov-A-tc..c-J Aci- T/ ti -fI� )U£ ) , l��n (/ , �ORIDA TO: FINANC ER: FROM: Hums 't "'��`�� 8/08/2012 6 �li/ a- PLEASE u. 5UNT OF $13,139.26 TO: north American Risk Services Attn: Mark Yenser 2600 Westhall Lane Maitland,FL 32751 PURPOSE OF REMITTANCE: Loss Fund Replenishment Invoice for July 2012. — I HEREBY CERTIFY THAT THE ABOVE REQUEST IS SUPPORTED BY SUFFICENT UNENCUMBERED BALANCE OF DULY APPROPRIATED FUNDS. ACCOUNT: 19-519240 . 44 •IRECTOR/ORIGINATOR ii CODING O' AC OUNTS APPROVED AND SUFFICIENCY OF APPROPRIATION BALANCE ' 1 IED(EXCEPT AS OTHERWISE NOTED). ISSUANCE OF ABOVE moot I lr O ' IZED FOR '.URPOSE AS NOT 1 Katt j 4 „ A I/ �� City' Wage or A t. City Manager • Fm nce Directot�/Asst. Finance Director �---- 'Lc�`1' it t ' l ,,r„ Iz 4- C' I4 /� C e ,) l 2-- - ---1 to A�,hi 4 SPECIAL INSTRUCTIONS ;�_ ` , CHECK O F THE FOLLOWING: SEND COMPLETED CHECK& • C E T .� ISSUING DEPARTMENT OR MAIL DIRECTLY 01 ALL CHECK REQUESTS MUST BE ACCOMPANIED WITH THE CORRS'ON D1 PROPERLY A THORIZED RECEIPT OR I OICE BY THE 15TH OF THE MONTH. T StI�IE�WJLE �.•-~) . e KRUN DAY IS HE 20TH OF TAE MONTH. �-� wf 1 X ;isedIso∎ �.q,,.. `/" ■ r I - ti GJV _ _` \-ii).-‘ v Shirley Freeman )(G). . From: Melanie Stanisic[MStanisic@narisk.com] Sent: Wednesday,August 29, 2012 11:43 AM P To: Luz Natal; Shirley Freeman Cc: mriedhammer @hpslegal.com; Mark Yenser; Jon Palmquist Subject: JCC Order for Attorney's Fees&Loss Fund Replenishment(Alonzo Williams) Attachments: image001.jpg; narslogo4046.jpg;Wiring Instructions City of Opa-Locka Claims bank account.doc • Luz, Good Morning. I understand the Mike Riedhammer has spoken with you regarding the urgency of issuing a settlement check not later than August 30,2012 for$12,531.00. If this check is not in the mail by tomorrow,there is additional exposure for penalties and interest,along with a possible Rule Nisi, meaning City of Opa Locka will have to show cause as to why payment is not made per the Order signed by the Judge of Compensation Claims. There are three(3)options at this point: • You can wire funding to NARS in the amount of$13,139.26 today. Wiring instructions are attached. • You can issue a check today and overnight to NARS for not later than 10:00 am delivery. • The City of Opa Locka can directly issue the settlement check of$12,531.00, and Mark Yenser will adjust the loss fund;replenishment amount and send a revised invoice. I trust the City understands the urgency of this matter and the exposure if the settlement check is not mailed by August 30, 2012. Please discuss with Ms. Freeman and advise which option works best for you. If we need to conference on this, let Mike and.I know your availability. Thank you. Melanie A.Stanisic,AIC,CWC,ARM Director of Workers'Compensation North American Risk Services, Inc. Phone: (321)441-1310 Toll Free:(800) 315-6090 Ext. 1310 Fax: (866)261-8507 Cell: (321)277-2828 N ,.....)\--- ,,. v, gd tta Wcr ii Ft10. 6tiffL= &::;.). \ ., From: Mark Yenser Sent: Monday, August 27, 2012 10:13 AM To: 'Luz Natal' 1 • • - Cc: Julia Maharaj Subject: RE: June 2012 Payment Register&Loss Fund Replenishment Invoice Luz, The revised July invoice with the 10k included is attached along with the payment report.We are still holding the 10k check which was issued on 7/19/12, so any rush on this funding would be appreciated. From: Luz Natal Jmailto:Inatal( opalockafl,aovl Sent:Thursday,August 23, 2012 9:46 AM To: Mark Yenser Subject: RE: June 2012 Payment Register&Loss Fund Replenishment Invoice Mark, it was not sent separately. Would you please send a revised invoice with the 10k on it? Thank you. From: Mark Yenser jmailto:MYenser 6narisk.com1 Sent: Thursday,August 23, 2012 9:26 AM To: Luz Natal Subject: RE: June 2012 Payment Register&Loss Fund Replenishment Invoice Hi Luz, I subtracted the$10,000.00 for the cash call I sent you. If you sent the 10k for the cash call separate from the July invoice,then the correct amount is$3,139.26. If you did not send the 10k separate from the July invoice,then the correct amount would be$13,139.26. Thank you, From Luz Natal Jmailto:Inatalc Opalockafl.govl Sent: Thursday, August 23, 2012 9:03 AM To: Mark Yenser Subject: RE: June 2012 Payment Register&Loss Fund Replenishment Invoice Hello, Mark. The June should be sent if not already this week. ! do have a question on the July funding. The invoice says we owe $3,139,26 but the detail says $13,139.26. Which is the correct amount please. Thank you. From: Mark Yenser jmailto:MYenserCTnarisk.coml Sent: Wednesday,August 22, 2012 10:40 AM - � To: Luz Natal (T' Cc: Julia Maharaj ... Subject: FW: June 2012 Payment Register&Loss Fund Replenishment Invoice � Luz, ` pia -0 y Please advise status on cash call and June Funding request. -v, From: Mark Yenser Sent: Wednesday,August 15, 2012 4:42 PM '•, To: 'Luz Natal' >z Subject: RE: June 2012 Payment Register&Loss Fund Replenishment Invoice Hi Luz, 2 Could you give me an update on the cash call and June funding payment?Were the checks printed on the 10th and mailed? Thanks, Mark From: Luz Natal jmailto:Inatal@ Opalockafk.govl Sent:Tuesday, July 31, 2012 10:31 AM To: Mark Yenser Subject: RE: June 2012 Payment Register&Loss Fund Replenishment Invoice Hello, Mark. My apologies on the June payment. Normally I submit the request immediately. I am submitting it today and it should make the next check run which is the 10th. As for the cash call - what is this actually for? Thanks, Luz From: Mark Yenser fmailto:MYenser©narisk.com]� Sent:Tuesday, July 31, 2012 9:31 AM To: Luz Natal; Luz Natal Cc: Julia Maharaj Subject: FW: June 2012 Payment Register&Loss Fund Replenishment Invoice Importance: High Luz, Please advise on the status of funding for the City of Opa-Locka WC claims bank account.The funding invoice for June is attached along with the cash call on claim#76220. From: Mark Yenser Sent:Tuesday, July 03, 2012 11:24 AM To: Luz Natal (Inatak Opalockafl.gov) Cc: hr2 iopalockafl.gov Subject:June 2012 Payment Register&Loss und Replenishment Invoice Hi Luz, Thank you for the recent remittance of April and May invoices. I've attached the City of Opa-Locka WC Payment Register and Loss Fund Replenishment Invoice for the month of June, 2012. Please don't hesitate to contact us if you have any questions. Mark %3 • 3C) Mark Yenser S Accounting Business Analyst �f North American Risk Services, Inc. 3 . Phone:. (321)441-1253 Toll Free: (800) 315-6090 Ext.1253 F Fax: (866) 261-8507 -iia`ri`-.,HJ, NO:II7 ti91917iCa1 Ri :50,,,i':G: Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined(i.e.,potentially not received at our site at all) and/or delayed in reaching us. You should receive notice of any undeliverable item and you might want to consider confirming receipt of any time sensitive communication sent by email that might be delayed by an electronic filter. Confidentiality Note: This e-mail, and any attachment to it,contains privileged and confidential information intended only for the use of the individual(s)or entity(ies)named on the e-mail. The information may be proprietary, confidential,privileged and exempt from disclosure under applicable law. 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'''n - '`, -.. \ .. : � .r - .10- l ,r cy Pty 4 . i Shirley Freeman From: Michael Riedhammer[MRiedhammer@hpslegal.corn] Sent: Tuesday, August 28, 2012 2:32 PM To: Kristl Varnes t Cc: Shirley Freeman; Luz Natal;Joseph Geller(External); Cindy Brown Subject: Alonzo Williams v. City of Opa Locke Attachments: hplogonew.jpg;Williams.O.Fees.Exec.pdf Kristl, As you know, I filed the response to the claimant's Motion for Verified Attorney Fees because we were not able to settle the issue before the deadline to do so. I filed our response and argued that the fees should be around $8,000 rather than the more than$14,000 that was being requested. I also agued that the costs should be$526, slightly less than that which was claimed. The Judge entered an order based on the pleadings and found that the claimant's attorney should get$12,005 for attorney fees plus$526 for costs. The Order is dated August 23, 2012 which makes the payment due on August 30,2012. That means the check must be in the mail on Thursday. We could file a motion for rehearing and ask for a full evidentiary ruling but I don't think that will really change anything. The biggest surprise to me was that the Judge awarded$350 per hour for this case. I think that's excessive but obviously within the fact finding power of the Judge to determine. Please let me know ASAP if there is going to be any problem getting the check issued or if you want to discuss this further. Mike Ha icier Pettis Schw A5'Y.0,NrcV AT 4AW Michael M.Riedhammer/Attorney at Law/One Financial Plaza,Seventh Floor/Fort Lauderdale, FL 33394 Tel 954.523.9922/Fax 954.522.2512/E-Mail:mriedhammer @hoslegal.com/Website:www.hpsiegal.com CONFIDENTIALITY NOTICE:The information contained in this electronic message is legally privileged and confidential information and is exempt from disclosure under applicable law it is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of the facsimile is strictly prohibited. if you have received this communication in error,please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. \\S"\_____....„„, , \,,,, 1 . . . . F. F lk Payment Register Report Detail by Level 0 Employer Company: Miami Dade County Pool-City Of Opa Locka Valuation Date: 07/31/2012 Print Date: 08/01/2012 ----1 .—. . _---- ,— . ........,_,,,.. iir......;:_.,:s.., is \\....,..............„....„,.....------ ----."''.------- . . . ' . • 0 . i b. Payment Register Report Detail by Level 0 Employer As of: 07+310012 Check Status:All IlLiol!;.,.,.,a.t,.,.,,a:.t.'.,.,,,,, Print Date: 08/01/2012 Date Range:07/01/2012.07/31/1012 City Of Opa Locka Police Department Payee Name Claimant Name Old Claim Number Levol8 Employer Check Date Issue Date Reserve Type Check No Payee ID Claim No. Location Leven Employer From Date To Date Payment Code Payment Amt Payment Status: Claim Payment Printed:08/0112012 North American Risk Services Williams.Alonzo L City Of Opa Locks 07707/2012 07/022012 Expense 13002648 133901415 76220 Police Department Police Department 06105/2012 0905/2012 Xpm-Provider Bill Review 58.00 North American Risk Services Williams,Alonzo L City Of Op.Locka 07/022012 07/02/2012 Expense 13002648 133901415 76220 Police Department Police Department 05/31/2012 03/31/2012 Xpna-Provider Bill Review 58.00 Injured Workers Pharmacy Lit Williams,Alonzo L City Of Opa Lock, 07/02/2012 07/022012 Medical 13002649 043579738 76220 Police Department Police Deparnnenl 09312012 05/31/2012 Med-Pharmacy/Medicaton 5232.76 Injured Workers Pharmacy Lk Williams,Alonzo L City Of Opa Locka 07/02/2012 07/022012 Medical 15002650 041579738 76220 Police Department Police Department 061052012 06/05/2012 Med-Pharmacy/Medication 5723.21 Us Legal Supon Williams,Alonzo L City Of Opa Locka 077022012 07/022012 Expense 15002651 760523238 76220 Police Department Police Department 06114/2012 06/142012 Xpm•Coon Reporter Charge 5233.15 North American Risk Services Williams,Alonzo L City Of Op.Locka 01/06/2012 07/062012 Expense 13002652 133901415 76220 Police Department Police Department 06/03/2012 06/03/2012 %pm-Provider Bill Review 58.00 North American Risk Services Williams,Alonzo L City Of Op.Locks 07/06/2012 077062012 Expense 13002652 113901415 76220 Police Department Police Department 0908/2012 05/08/2012 Xpnt.Provider Bill Review 511.80 North American Risk Services Williams,Alonzo L City Of Opa Locks 07/06/2012 07/06/2012 Expense 13002652 131901415 76220 Police Department Police Department 0908/2012 03/0812012 Rpm-Provider Bill Review 58.00 Howard Popp Md Pa Williams,Alonzo L City Of Opa Locka 07/092012 07/0672112 Medical 13002651 1016307n5 76223 Police Department Police It'panment 05108/2:112 05/00/2012 Med-Physician Charges 5136 wr P3 Medical Solutions Williams,Alonzo L Ctry Of Op.Lock, 07/06/2012 67/061012 Medical 13002654 450833848 76323 Police Department Police Department 0643/0017 0903/2011 Mcd-Dtagnoshc Testing 5579.92 North Amcricon Risk Services Williams,Alonzo L City Of Opa Locka 02/182012 01/102012 Expense 13002655 133901415 76220 Police Department Police Department 09302012 05/300012 Rpm-Provider Bill Re.;ew 511,80 Howard Popp Md Pa Williams,Alonzo L City Of Opa Locke 07/18/2012 07/182012 Medical 13002656 161639705 76220 Police Department Police Department 09392012 05/30/2012 Med-Physician Charges 3136.80 Edk B Grinds!Esq Williams.Alonzo L City Of Opa Locka 07119/2012 07/19/2012 Indemnity 13002657 261327781 76220 Police Department Police Department 07118/2012 07/1812012 Third Party Atty fces&Cosu 510,00000 North American Risk Services Williams,Alonzo L City Of Opt Locks 07292012 07/292012 Expense 13002658 133901415 76220 Police Department Police Department 07702/2012 07/0272012 Xpm-Provider Rill Review 58.00 ,...— -1.1 't1y \,.,„..o,"" \., ,tit t ���,�„""„'`"I J f y 'i yf • F r Payment Register Report Detail by Level 0 Employer N/�(�S As oft 07/11/2012 Cheek Status:All ,f ;1,1`:,.,,1_ Print Date: 08/01/2012 Date Ranee:07!0112012.07/31/2012 City Of Opa Locke Police Department Payne Name Claimant Name Old Claim Number Level°Employer Cheek Dale Issue Date Reserve Type Check No Payee ID Claim No. Laeatian Lovell Employer From Dale To Date Payment Cade Payment Amt North American Risk Services Williams,Alonzo L City Of Opa Leeks 07/252012 07/25/2012 Expanse 13092658 133901415 76220 Police Department Police Deportment 06/282012 06/28/2012 Elms Provider Bill Review 511.80 Howard Popp Md Pa Williams,Alonzo L City OfOps f.ocka 071252012 07/25/2012 Medical 13002659 161639705 76220 Police Department Police Department 06'282012 062812012 Med-Physician Charges 5136.80 Injured Worker Pharmacy Lle Williams,Alonzo L City Of Opa Locks 07252012 071252012 Medical 13002660 043579738 76220 Police Department Police Department 07/02/2012 07/02/2912 Med-Pharmacy/Medication 5884.42 Sub Totals for Payment Status: Claim Payment Checks- Amount 13 213,139.16 \-: r„,'.N. y C'~ ' t`t1 OcI 3 �p1� ^f E Grand Totals: Cheeks Amount Claim Payment 13 513,139.26 Total: 513,139.26 t F r Aoolb- NARS Loss Fund Replenishment Invoice Company: Miami Dade County Pool-City Of Opa Locka Valuation Date: 07/31/2012 Print Date: 08/27/2012 , C•-1--7; . • t • 21 .„; i . . ,_. • . , r- •... 1110 Loss Fund Replenishment Invoice %adNARS As of: 07/31/2012 Check Status:All Print Date: 08/27/2012 Date Range:07/01/2012-07/31/2012 Remit to: 240 E Central Parkway Suits 4010 Payment Register Activity Altamonte Springs,FL 32701 1400-315-600 ext.1253 Claim Payment Total City Of Opa Locke $13,139.26 $1313926 Total $13,139.26 $13,139.26 ,.. c'R.......—,„..."■.,,....----"..-- • ,. 1\J"- ■'. ,., •,'.T.' . ' 1‘ ,'‘ t.,::.;•_. \ 0..,! \•.-'''.-.."'..-‘ \ ,...%.. ._. '' • Loss Fund Replenishment Invoice N A RS As of: 07/31/2012 Check Status:All � Print Date: 08/27/2012 Date Range:07/01/2012-07/31/2012 Remit to: 240 E Central Parkway Suite 4010 Payment Register Activity Altamonte Springs,Fl.32701 1400415.5000 eat.1253 Company: Miami Dade County Pool-City Of Opa Locke Payment Register Activity Check Payments: $13,139.26 Adjustments: $0.00 Recoveries: $0.00 $13,139.26 Loss Run Report Total Current Month: $1,719,186.98 Prior Month: $1,706,047.72 Current Month Recoveries: $0.00 $13,139.26 Current Amount Due: $13,139.26 Prior Balance Due: As of: 07/31/2012 Total Amount Due $13,139.26 Due Upon Receipt r,. li [;\)G