Fort Walton Beach Council agenda — 03-24-10 regular — reading text

The Recipient further understands that if the necessary funds are not available to fund this agreement as a result of action by Congress, U. S. Department of Homeland Security, the State Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the County shall terminate. DESCRIPTION OF PROPERTY: As listed on included Schedule A. AUTHORITY: This Interlocal Agreement is created by the authority of the Okaloosa County Board of County Commissioners, Okaloosa County, Florida and the Recipient Agency listed below. OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS By: William J. Roberts III, Chairman Date: CITY OF FT. WALTON BEACH By: Printed Name /Title: Date: 4-  SCHEDULE A PROPERTY DESCRIPTION SERIAL NUMBER P7150 — Portable Encrypted Radios —8 Charger— 8 Belt Clip —8 P5150 — Portable Radios —31 Charger —31 Belt Clip —31 Advancetec Charger - 10 Received by: Date: Items requiring annual reporting 5-  Pagel of 2 Carole Jones From: Toni Craig [tonicraig@CO.K. net] Sent: Thursday, March 05, 2009 4:08 PM To: Mike Dutton Cc: Carole Jones Subject: RE: Ft Walton IL.doc /Control # 09 -0022 Chief The interlocal agreement is legally sufficient. However, as with all grants, I encourage you and Ms. Dunworth to have a copy of the actual grant conditions and requiirements. That way, you will have direct knowledge of those particulars. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info From: Mike Dutton [ mailto: mdutton @fwb.org] Sent: Thursday, March 05, 2009 2: 33 PM It To: Toni Craig Cc: Carole Jones Subject: FW: Ft Walton IL.doc /Control # 09 -0022 Toni, Please review these documents for legal sufficiency and advise if you need anything else from me to process this for the March 24th meeting. Many thanks. Mike Dutton, Fire Chief City of Fort Walton Beach Fire Dept. 5 NE Hollywood Blvd. Fort Walton Beach, FL 32548 850) 833 -9564 direct line 850) 833 -9565 office 850) 833 -9685 fax mdutton@fwb.org Original Message---- - From: Silvia Womack [ mailto :swomack@co. okaloosa. fl. us] Sent: Friday, February 27, 2009 9: 44 AM To: Mike Dutton; Tony Taylor Subject: Ft Walton IL.doc Gentlemen: II am unsure who will take this agreement to the Council but have attached the Interlocal Agreement for your agency's execution. Please print two (2) copies, sign both, and return both to me. We will then have the County affix their signature and complete the Schedule A which will act as your receipt. If you should have trouble viewing the document, go to " View" and turn off "Markup ". If you have an older version of Word and can' t turn MARKUP off, then you can go to File, Print, then scroll down to " Print What" and select "Document" not " Document showing markup ". If you should have any questions, please call. 3/ 16/ 2009 - 6-  CITY COUNCIL MEETING March 24, 2009 Consent Agenda Consideration of a request for ratification of a payment to the Florida League of Cities to settle a liability claim, in the amount of $ 25, 000 Admin Services Director) Agenda Item Number: 5  CITY OF FORT WALTON BEACH MEMORANDUM DATE: March 17, 2009 TO: Robert T. Mearns, Acting City Manager FROM: Mark Wiltsie, Administrative Services Director SUBJECT: Personal Injury Claim Settlement BACKGROUND: In May of 2004 an individual sustained a personal injury as a result of an automobile incident involving a City vehicle. At that time, the City' s insurance carrier was the Florida League of Cities who assigned legal counsel to defend both the City and the carrier. As a result of this claim and subsequent litigation, the court ordered mediation in an effort to settle this matter. DISCUSSION: At the mediation hearing, the parties ( the City /carrier and the plaintiff) ultimately reach a settlement. As is typical with insurance policies, the insurance carrier has the exclusive right to settle a claim which they believe is in the best interest of both the insured and the insurance provider. Attached for your review is the pertinent section of the general liability policy in place at the time this incident occurred. This documentation supports that the carrier has the exclusive right to settle the claim. In addition, based on the policy that was in place at the time of the injury, the City had a $ 25, 000. 00 deductible per claim and based on the settlement amount, the City is required to reimburse the carrier for the entire amount. RECOMMENDATION: Based on the above, staff respectfully requests City Council ratify the reimbursement made to the Florida League of Cities for the $25, 000 amount to settle this claim. Respectfully submitted, ark Wiltsie Administrative Services Director A v d obert T. Mearns, City Manager  FLORIbA MUNICIPAL INSURANCE TRUST GENERAL / PROFESSIONAL LIABILITY COVERAGE AGREEMENT DECLARATIONS 1. DESIGNATED MEMBER Agreement NO.: FMIT # 0198 City of Fort Walton Beach Government Description Municipality 111. COVERAGE PERIOD From October 1, 2002 to October 1, - 2003 12: 01 A.M. Standard Time at the address of the Designated Member. Premium Basis Decluctihlerrvne Limit Npt Premh im IV. General /Professional Liability 00 5, 000, 000 120, 002 Payroll: 8, 706, 314 1. General Liability a. Broad Form Property Damage 25, 000 DSL 5, 000, 000 Included b. Extra Contractual Legal Expense N/ A 25, 000 Included c. Fire Legal Liability 25, 000 DSL 250, 000 Included d. Medical Attendants' / Medical 25, 000 DSL 5, 000, 000 Included Directors' Malpractice Liability 2. Errors and Omissions Liability 25, 000 DSL 5, 000, 000 Included a. Supplemental Employment 25, 000 DSL 5, 000, 000 Included Practices Liability b. Employee Benefits Program 25, 000 DSL 5, 000, 000 Included Administration Liability 3. Law Enforcement 25, 000 DSL 5, 000, 000 Included Full Time with Arrest Powers: 57 Part Time with Arrest Powers: 15 Part Time without Arrest Powers: 6 Clerical: 23 V.V. ThisThis AgreementAgreement includesincludes thesethese endorsementsendorsements andand schedules:schedules: SeeSee ScheduleSchedule AA VI.VI. ESTIMATEDESTIMATED ANNUALANNUAL PREMIUMPREMIUM NormalNormal IncentiveIncentive NetNet PremiumPremium CreditCredit PremiumPremium FloridaFlorida MunicipalMunicipal InsuranceInsurance TrustTrust ( ( FMIT)FMIT) $ $ 161,161, 505505 $ $ 41,41, 503503 $ $ 120,120, 002002 FloridaFlorida LeagueLeague ofof CitiesCities SponsoredSponsored Insurance Insurance ProgramsPrograms SinceSince 19771977 THISTHIS DECLARATIONS DECLARATIONS ANDAND THETHE SUPPLEMENTAL.SUPPLEMENTAL. DECLARATIONS,DECLARATIONS, TOGETHERTOGETHER WITHWITH THETHE COMMONCOMMON CONDITIONS,CONDITIONS, COVERAGECOVERAGE FORM(FORM( S)S) ANDAND ENDORSEMENTSENDORSEMENTS COMPLETE COMPLETE THETHE ABOVEABOVE NUMBERED NUMBERED AGREEMENT.AGREEMENT. FMITFMIT GLGL DECDEC 10021002 original original PagePage 11 ofof 22 09/09/ 30/30/ 20022002 2-2-