HomeMy Public PortalAbout12-8479 Payment to FLC for Automobile and General Claims Sponsored by: City Manager
RESOLUTION NO. 12-8479
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, AUTHORIZING THE CITY
MANAGER TO MAKE PAYMENT TO FLORIDA LEAGUE
OF CITIES FOR AUTOMOBILE AND GENERAL LIABILITY
DEDUCTIBLES REGARDING AUTOMOBILE LIABILITY
CLAIMS - FUND YEARS 10/02/2008 - 09/30/2009, AND
10/01/2011 - 09/30/2012; GENERAL LIABILITY CLAIMS -
FUND YEARS 10-01/2007 - 09/30/2008, 10/01/2008/ - 09/30/2009,
AND 10/01/2010 — 09/30/2011; IN THE AMOUNT OF
$139,677.59, PAYABLE FROM ACCOUNT NO. 18-513451;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires to authorize payment
to the Florida League of Cities for Automobile and General Liability deductible claims; and
WHEREAS, Automobile Liability Claims are: 1)VA2009061993, date of loss
01/08/2009 - total deductible $17,000; 2)VA2009061783, date of loss 01/02/2009 — total
deductible $25,000; 3)VA2012073041, date of loss 08/24/2012, total deductible $1,300;
4)VA2012072580, date of loss 07/09/2012, total deductible $659.95; 5)VA2012071517, date of
loss 02/08/2012, LOC recovered damages of$165.00; and
WHEREAS, General Liability Claims are: 1)GC20080661193, date of loss 09/16/2008 -
total deductible $20,000; 2)GC2008071982, date of loss 10/01/2008 — total deductible $25,000;
3)GC2008067535, date of loss 10/01/2008 — total deductible $25,000; 4) GC2010069691, date
of loss 12/28/2010 —total deductible $25,000; 5)GC2012072623, date of loss 06/27/2012 —total
deductible $882.64; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to make payment to Florida League of Cities for automobile and general liability
deductibles regarding automobile and general liability claims.
Resolution No. 12-8479
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Session 1. The recitals to the preamble herein are incorporated by reference.
Session 2. The City Commission of the City of Opa-locka, directs and authorizes the
City Manager to make payment to Florida League of Cities for automobile and general liability
deductibles regarding automobile liability claims, in the total amount of $139,677.59, payable
from Account No. 18-513451.
Session 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of November, 2012.
YRA TAYLOR
MAYOR
Attest to:
• `4QA.5-1
J.. a Flores
Ci Clerk
Approved as ti form and legal , iency:
r
'If_ K .1
Jose► `F:/G'l'er '1/11P111 V
Cit • ttorn:y
Moved by: Commissioner es
Seconded by: Commissioner Johnson
Commission Vote: 4-1
Commissioner Holmes: YES
Commissioner Johnson: NO
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
PP-LOCk
IF ir'iRty,z,42/
oRA∎
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 11/14/2012 Item Type: Resolution Ordinance Other
Date: xx
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterXin box) Yes No (EnterXin box)
Public Hearing: Yes No Yes No
XX (Enter X in box) X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter AcctNo.) Gen-Govt (EnterXin box) XXX
Workers
18-513451 Compensation
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterXin box) XXX N/A
Strategic Plan Related Yes Aks Strategic Plan Priority Area Strategic Plan Obj./Strategy: (hst the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational
XXX Bus.&Economic Dev
Public Safety
Quality of Education
Qual.of Life&City Image
Communcation
Sponsor Name Department:
Joseph Geller City Attorney
Short T' : City rr i of Ow City of Ipa-tea,Fkwida
autixwking the City fikmager to pay$139,677.59 for m, = . ; , .- general liability
deductibles for varlets iegal ciao from account#18-513451.
Staff Summary: Staff rem mends approval to pay Florida League of Cities.
Proposed d Action:Approval for payment of automobile and general liability deductibles.
Attachment: Copy of Agenda Item, FLC Invoice and Spreadsheet of Claims
a L 0Cpt
4 y
,,�yy l .iii
us. r Pacignicoza
gaMke.
Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Gail Miller
Commissioner Rose Tydus
FROM: Kelvin L. Baker City Manage
DATE: October 18, 2012
RE: Agenda Item—Payment of Florida League of Cities Invoice for Various
Automobile and General Liability Deductibles
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE CITY MANGER TO PAY
$139,677.59 FOR AUTOMOBILE AND GENERAL LIABILITY
DEDUCTBLES FOR VARIOUS LEGAL CLAIMS FROM ACCOUNT #18-
513451.
Description: Resolution authorizing the payment of Florida League of Cities for automobile and
general liability deductibles in the amount of$139,677.59 from account#18-513451 for the following
claims:
AUTO LIABILITY CLAIMS
FUND YEAR 10/02/08—09/30/09
Claim#: VA2009061993 —Loss Date: 1/8/2009 -Claimant is actually Tonya Bowleg not Cregs C.
Auto Repair. In this incident the claimant was rear ended by the then Building Official, Esin Abia. The
Florida League of Cities successfully negotiated a settlement in the amount of$17,000. Our deductible is
$25,000 therefore we are responsible monetarily for the entire claim.
Claim#: VA2009061783— Loss Date 1/2/2009—This is a case where Officers were involved in an
accident resulting in the death of the claimant and injuries to the passenger. Due to findings,testimonies,
etc. the Florida League of Cities sought settlement in the best interest of the City and did so in the amount
of$180,000 (Estate of Mary Young). . Our deductible is $25,000 and is what the City is responsible to
pay.
FUND YEAR 10/01/11 —09/30/2012
Claim#: VA2012073041 —Loss Date 8/24/2012—Our Police Department was involved in a chase. One
of the Officers(Yenell Albello) lost control of their vehicle which resulted in damage to the fence of two
residences. The amount of$1,300 is for one of the residences(E. Lewis). The second one(S.
Hernandez) is still being appraised. Our deductible is $25,000 therefore the City is responsible
monetarily for the entire claim.
Claim#: VA2012072580—Loss Date 7/9/2012—Our driver, Starex Smith, was backing out of a parking
spot at the FIU North Campus and backed up into another vehicle causing damage in the amount of
$659.95. Our deductible is $25,000 therefore the City is responsible monetarily for the entire claim.
Claim#: VA201 2071 5 1 7—Loss Date 2/8/2012—Our Officer(Dominique Hanies)was involved in an
accident on the way to back up another Officer due to weather conditions when brakes were applied the
car slid and resulted in a collision. In this claim FL League of Cities has recovered damages paid
resulting in an amount due to the City in the amount of$165.00
GENERAL LIABILITY CLAIMS
FUND YEAR 10/01/07—09/30/2008
Claim#: GC2008066119—Loss Date 9/16/2008—This claim is reference an alleged false arrest. The
Florida League of Cities assigned counsel to administer the claim and this lead to a settlement in the
amount of$20,000 to the claimant(Olivia Green). Our deductible is $25,000 therefore the City is
responsible monetarily for the entire claim.
FUND YEAR 10/01/2008—09/30/09
Claim#: GC2008071982—Loss Date 10/01/08—This claim is reference alleged violation of civil
rights/wrongful termination. The Florida League of Cities assigned counsel to administer the claim and
this lead to a settlement in the amount of$75,000 to the claimant(Raymond Walls). Our deductible is
$25,000 and is what the City is responsible to pay.
Claim#: GC2008067535 —Loss Date 10/01/08—This claim is reference alleged violation of civil
rights/wrongful termination. The Florida League of Cities assigned counsel to administer the claim and
this lead to a settlement in the amount of$65,000 to the claimant(Edward Blackman). Our deductible is
$25,000 and is what the City is responsible to pay.
FUND YEAR 10/01/2010—09/30/11
Claim#: GC2010069691 —Loss Date 12/28/2010—This claim is an alleged trip and fall due to a faulty
sidewalk. The Florida League of Cities assigned counsel to administer the claim and this lead to a
settlement in the amount of$50,000 to the claimant(Elizabeth Morales). Our deductible is $25,000 and
is what the City is responsible to pay.
1
Is _ VIA V Elt
gz "' 2
.,Way
Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Gail Miller
Commissioner Rose Tydus
FROM: Kelvin L. Baker City Manage
DATE: October 18,2012
RE: Agenda Item—Payment of Florida League of Cities Invoice for Various
Automobile and General Liability Deductibles
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE CITY MANGER TO PAY
$139,677.59 FOR AUTOMOBILE AND GENERAL LIABILITY
DEDUCTBLES FOR VARIOUS LEGAL CLAIMS FROM ACCOUNT #18-
513451.
Description: Resolution authorizing the payment of Florida League of Cities for automobile and
general liability deductibles in the amount of$139,677.59 from account#18-513451 for the following
claims:
AUTO LIABILITY CLAIMS
FUND YEAR 10/02/08—09/30/09
Claim#: VA2009061993—Loss Date: 1/8/2009 -Claimant is actually Tonya Bowleg not Cregs C.
Auto Repair. In this incident the claimant was rear ended by the then Building Official,Esin Abia.The
Florida League of Cities successfully negotiated a settlement in the amount of$17,000. Our deductible is
$25,000 therefore we are responsible monetarily for the entire claim.
Claim#: VA2009061783—Loss Date 1/2/2009—This is a case where Officers were involved in an
accident resulting in the death of the claimant and injuries to the passenger. Due to findings,testimonies,
etc.the Florida League of Cities sought settlement in the best interest of the City and did so in the amount
of$180,000(Estate of Mary Young). . Our deductible is $25,000 and is what the City is responsible to
pay.
FUND YEAR 10/01/11 —09/30/2012
Claim#: VA2012073041 —Loss Date 8/24/2012—Our Police Department was involved in a chase. One
of the Officers(Yenell Albello)lost control of their vehicle which resulted in damage to the fence of two
residences. The amount of$1,300 is for one of the residences(E. Lewis). The second one(S.
Hernandez) is still being appraised. Our deductible is $25,000 therefore the City is responsible
monetarily for the entire claim.
Claim#: VA2012072580—Loss Date 7/9/2012—Our driver, Starex Smith, was backing out of a parking
spot at the FlU North Campus and backed up into another vehicle causing damage in the amount of
$659.95. Our deductible is$25,000 therefore the City is responsible monetarily for the entire claim.
Claim#: VA2012071517—Loss Date 2/8/2012—Our Officer(Dominique Hanies)was involved in an
accident on the way to back up another Officer due to weather conditions when brakes were applied the
car slid and resulted in a collision. In this claim FL League of Cities has recovered damages paid
resulting in an amount due to the City in the amount of$165.00
GENERAL LIABILITY CLAIMS
FUND YEAR 10/01/07—09/30/2008
Claim#: GC2008066119—Loss Date 9/16/2008—This claim is reference an alleged false arrest. The
Florida League of Cities assigned counsel to administer the claim and this lead to a settlement in the
amount of$20,000 to the claimant(Olivia Green). Our deductible is$25,000 therefore the City is
responsible monetarily for the entire claim.
FUND YEAR 10/01/2008—09/30/09
Claim#: GC2008071982—Loss Date 10/01/08—This claim is reference alleged violation of civil
rights/wrongful termination. The Florida League of Cities assigned counsel to administer the claim and
this lead to a settlement in the amount of$75,000 to the claimant(Raymond Walls). Our deductible is
$25,000 and is what the City is responsible to pay.
Claim#: GC2008067535—Loss Date 10/01/08—This claim is reference alleged violation of civil
rights/wrongful termination. The Florida League of Cities assigned counsel to administer the claim and
this lead to a settlement in the amount of$65,000 to the claimant(Edward Blackman). Our deductible is
$25,000 and is what the City is responsible to pay.
FUND YEAR 10/01/2010—09/30/11
Claim#: GC2010069691 —Loss Date 12/28/2010—This claim is an alleged trip and fall due to a faulty
sidewalk. The Florida League of Cities assigned counsel to administer the claim and this lead to a
settlement in the amount of$50,000 to the claimant(Elizabeth Morales). Our deductible is $25,000 and
is what the City is responsible to pay.
FUND YEAR 10/01/2011 —09/30/12
Claim#: GC2012072623 —Loss Date 6/27/2012—This claim is reference alleged improper road
maintenance. One of our Employees(Tamika Miller) suffered damages when using their personal vehicle
for City business. The total amount in damages was $882.64. Our deductible is $25,000 therefore the
City is responsible monetarily for the entire claim.
Financial Impact: $139,677.59
Implementation Timeline: Payment is due November 11, 2012
Legislative History: N/A
Recommendation(s): Staff recommends approval for payment of vendor.
Analysis: Staff is requesting payment based on our insurance contract with the Florida League of Cities.
Attachments: Invoice from Florida League of Cities and spreadsheet of claims.
PREPARED BY: Shirley Freeman, Human Resources Director
aV.
• �p Vi•
� s
CC
o ilk
Wert rue
Public Risk Services
000
0.00 *
INVOICE
❑ Administration TO: Ms. Luz Natal 0• C
O Policy Holder Relations City of Opa-Locka
y FMIT#435 17,000.00 +
Financial Services! 780 Fisherman Street,4th Floor 25,000.00 +
® I Opa-Locka, FL 33054 1,300.00 +
Underwriting i 659.95 +
FROM: Valerie Morrison -
Post Office Box 530065 Florida Municipal Insurance Trust 20,000.00 +
Orlando,FL 32853-0065
Liability Claims Department 25,000.00 +
P.O. Box 538135 25,000.00 +
Orlando, FL 32853-8135 259000•00 +
❑ Health Claims 882.64 +
Date: October 12, 2012 010
Post Office Box 538140 139,677.59 *
Orlando,FL 32853-5140
RE: Deductible invoice
Workers Below listed are amounts due on your Liability Deductible as of 9/30/2012
❑ Compensation Claims
Past Due Amount $0.00
Current Due Amount:
Property&
Liability Claims Auto Liability Deductible-$25000
Fund Year 10/01/2008 -09/30/2009 $42,000.00
Fund Year 10/0112011 09/3012012 $1,794.95
r c ,Office
General Liability Deductible-$25000
Fund Year 10/01/2007-09/30/2008 $20,000.00
Fund Year 10/01/2008-09/30/2009 $50,000.00
Fund Year 10/01/2010 -09/30/2011 $25,000.00
800-445-6248
407-425-9142 Fund Year 10/01/2011 -09/30/2012 $882.64
Fax 407-425-9378
Total Amount Due $139,677.59
www.r7cities.co rn
Payment Due by: 11/11/2012
Please make check payable to:
Florida Municipal Insurance Trust
P.O. Box 538135
Orlando, FL 32853-8135
Please issue a separate check from your Workers'Compensation Deductible.
FLORIDA MUNICIPAL INSURANCE TRUST-AUTO LIABILITY
DEDUCTIBLE INVOICE DETAILS
10/01/2008-09/30/2009 as of 9/30/2012
FMIT it 435 Total Available Stop Loss: 75,000.00
CITY OF OPA-LOCKA SL Balance as of 6/30/2012: 66,766.45
SL Balance as of 9/30/2012: 24,766.45
File Number Type Claimant Name Description Date of Loss Deductible Amount Paid Amount Recov Amount Due
to Date to Date
Paid Claims
Claims Total AL $25,000 8,233.55 8,233.55 0.00
Monies Due
VA2009061993 AL CREGS C.AUTO REPAIR I/V HIT O/V 1/8/2009 $25,000 17,000.00 0.00 17,000.00
VA2009061783 AL MARY YOUNG 0/V CROSSED CENTER LANE HITTING I/V 1/2/2009 $25,000 180,000.00 0.00 25,000.00
Totals 205,233.55 8,233.55 42,000.00
FLORIDA MUNICIPAL INSURANCE TRUST-AUTO LIABILITY
DEDUCTIBLE INVOICE DETAILS
10/01/2011-09/30/2012 as of 9/30/2012
FMIT N: 435 Total Available Stop Loss: 75,000.00
CITY OF OPA-LOCKA SL Balance as of 6/30/2012: 69,876.62
SL Balance as of 9/30/2012: 68,081.67
File Number Type Claimant Name Description Date of Loss Deductible Amount Paid Amount Recov Amount Due
to Date to Date
Monies Due
VA2012073041 AL EUJAH LEWIS IV STRUCK FENCE 8/24/2012 $25,000 1,300.00 0.00 1,300.00
VA2012072580 AL BARRY BACARIS IV BACKED INTO PARKED OV 7/9/2012 $25,000 659.95 0.00 659.95
VA2012071517 AL ARMINNE SMITH IV VIOLATED OV RIGHT OF WAY 2/8/2012 $25,000 4,958.38 5,123.38 -165.00
Totals 6,918.33 5,123.38 1,794.95
FLORIDA MUNICIPAL INSURANCE TRUST-GENERAL LIABILITY
DEDUCTIBLE INVOICE DETAILS
10/01/2007-09/30/2008 as of 9/30/2012
EMIT 8: 435 Total Available Stop Loss: 118,354.00
CITY OF OPA-LOCKA SL Balance as of 6/30/2012: 67,354.00
SL Balance as of 9/30/2012: 47,354.00
File Number Type Claimant Name Description Date of Loss Deductible Amount Paid Amount Recov Amount Due
to Date to Date
Paid Claims
Claims Total GL $25,000 51,000.00 51,000.00 0.00
Monies Due
GC2 0 08 066119 GL FALSE ARREST 9/16/2008 $25,000 20,000.00 0.00 20,000.00
Totals 71,000.00 51,000.00 20,000.00
FLORIDA MUNICIPAL INSURANCE TRUST-GENERAL LIABILITY
DEDUCTIBLE INVOICE DETAILS
10/01/2008-09/30/2009 as of 9/30/2012
FMIT 8: 435 Total Available Stop Loss: 121,324.00
CITY OF OPA-LOCKA SL Balance as of 6/30/2012: 103,824.00
SL Balance as of 9/30/2012: 53,824.00
File Number Type Claimant Name Description Date of Loss Deductible Amount Paid Amount Recov Amount Due
to Date to Date
Paid Claims
Clams Total GL $25,000 17,500.00 17500.00 0.00
Monies Due
GC2008071982 GL RAYMOND WALLS ALLEGED WRONGFUL TERMINATION/VIOLATION OF CIVIL 10/1/2008 $25,000 75,000.00 0.00 25,000.00
RIGHTS
GC2008067535 GL EDWARD BLACKMAN ALLEGED CIVIL RIGHTS/TERMINATION 10/1/2008 $25,000 05,000.00 0.00 25,000.00
Totals 157,500.00 17,500.00 50,000.00
FLORIDA MUNICIPAL INSURANCE TRUST-GENERAL LIABILITY
DEDUCTIBLE INVOICE DETAILS
10/01/2010-09/30/2011 as of 9/30/2012
FMIT 9:435 Total Available Stop Loss: 135,656.00
CITY OF OPA-LOCKA SL Balance as of 6/30/2012: 130,227.10
SL Balance as of 9/30/2012: 105,227.10
File Number Type Claimant Name Description Date of Loss Deductible Amount Paid Amount Recov Amount Due
to Date to Date
Paid Claims
Claims Total GL $25,000 5,428.90 5,428.90 0.00
Monies Due
GC2010069691 GL ELIZABETH MORALES ALLEGED TRIP AND FALL 12/28/2010 $25,000 50,000.00 0.00 25,000.00
Totals 55,428.90 5,428.90 25,000.00
FLORIDA MUNICIPAL INSURANCE TRUST-GENERAL LIABILITY
DEDUCTIBLE INVOICE DETAILS
10/01/2011-09/30/2012 as of 9/30/2012
FMIT 6: 435 Total Available Stop Loss: 139,917.00
CITY OF OPA-LOCKA SL Balance as of 6/30/2012: 139,917.00
SL Balance as of 9/30/2012: 139,034.36
File Number Type Claimant Name Description Date of Loss Deductible Amount Paid Amount Recov Amount Due
to Date to Date
Monies Due
GC2012072623 GL TAMIKA MILLER ALLEGED IMPROPER ROAD MAINTENACE 6/27/2012 $25,000 882.64 0.00 882.64
Totals 882.64 0.00 882.64