Resolution 81-16631 RESOLUTION NO. 81-16631
A RESOLUTION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING AN OFFER OF SETTLEMENT FOR
ONE HUNDRED THOUSAND DOLLARS ($100 ,000. 00) AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT, RELEASE, PROOF OF LOSS STATEMENT,
SUBROGATION RECEIPT OR ANY OTHER LIKE DOCUMENT
NECESSARY TO CONCLUDE SAID SETTLEMENT OF ALL
CLAIMS AGAINST ST. PAUL FIRE AND MARINE INSUR-
ANCE COMPANY FOR WATER DAMAGE TO THE CITY' S
SERIES 2700 COMPUTER.
WHEREAS, on March 30 , 1981, the City of Miami Beach
discovered water damage to its series 2700 computer , and
WHEREAS, St. Paul Fire and Marine Insurance Company
insured said computer for loss or damage under Policy No.
309JC2487 , and
WHEREAS, said insurance company has offered the City One
Hundred Thousand Dollars ($100 ,000 . 00) in complete settlement of all
claims under said policy for the loss incurred by the City for the
damage to its computer , and
WHEREAS, the City Manager and City Attorney recommend the
acceptance of the above offer of One Hundred Thousand Dollars
($100 ,000. 00) , for the reason that such would be a reasonable, just
and equitable settlement of all claims arising from the damage of
said computer.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission
accepts the One Hundred Thousand Dollar ($100 ,000. 00) offer of set-
tlement of all claims resulting from the March 30 , 1981, discovery
of water damage to the City ' s series 2700 computer and authorizes
the Mayor and City Clerk to execute an agreement, release, proof of
loss statement, subrogation receipt, and any other documents neces-
sary in furtherance of this settlement.
PASSED and ADOPTED this 15th day of April , 1981.
\\\_\N„._
Mayor
ATTEST:
City Clerk
FORM APPROVED
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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P „:x'1,0, FLORIDA 33139
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�, VACA TIONLAND U. S. A. -�-- -
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OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. ..6 141 5
DATE:
. x.81
TO: Mayor Murray Meyerson and
leZers of the City Commission
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d,�`'L''1.,FROM• / �_
City Manager
SUBJECT: CLAIM SETTLEMENT FOR WATER DAMAGED
COMPUTER EQUIPMENT AND MEDIA
As a result of water damage suffered on March 30, 1981 throughout the southern portion of
City Hall, the City of Miami Beach's series 2700 Burroughs computer and media received
severe damage.
The equipment was insured by Policy No. 309JC2487 by the St. Paul Fire and Marine
Insurance Company. St. Paul Fire and Marine Insurance adjusters and specialists,
Burroughs representatives, members of the City Administrative and City Attorney's Office
staff met to assess the damage, damage reports, and to review the offer of settlement of
all claims rising from the damage to the said computer. The amount of the offer was
$100,000.
After all alternatives were explored, the representatives of the City again reviewed the
matter and considered that the offer represented fair terms of settlement.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached Resolution
to accept the offer of $100,000 as settlement for all claims relating to the water damage
sustained by the series 2700 City-owned Burroughs computer.
FDC:lb
AGENDA
ITEM
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DATE
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DE D OR DECEIVE ANY INSURANCE COMPANY FILES A
ST 4;: ENT OF CLAIM CONTAINING ANY FALSE, INCOMPLETE
Flit NO. OR SLEADING INFORMATION IS GUILTY OF A FELONY OF c:,..:.�.
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AAA MI OF ►OSI Y A T ME Of to SWORN STATEMENT COMPANY CLAIM N3.
IN _.
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DATE' ED 0 Ak.A. `s., tV1,eLS AGENT �,..--
_______:-LAialia_____ PROOF OF Loss L„A uz),v5k (‘ , , i \,
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DATE "pow AGENCY AT
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To the .7-, 1 ` ------ La`
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At time of lose,by the above indicated policy of insurance,you insured--
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against loss by ._._. _. _ __ _..__to the property described according to the
terms and conditions of said policy and of all forms, endorsements, trvisfers and assignments attached thereto.
&c,C50 '--(4A-- .
TIME AND A _ I , _ _ ______.loss eccurre4 about the hour of(' '% o'clock. `..._M.,
ORIGIN on the 7/1)day of (V`_'' Ver ,. 19(' , the cause an4.origin of tilsaid loss ware• -,. • ,
c, k�': \v./�ri5►'� '1 -ijr•1..n T ill ,. i A?„ WA,_ ,,,,c) i A , JLIWA
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OCCUPANCY The building described, o containing the,property described, was occupied at the time of the loss as follows, and for no
other purpose whatever: y. •_ .�:. ..._., __
—.
TITLE AND At the time of the loss, the interest of your insured in the property described therein was (Lf
INTEREST , , No other person or persons had any interest therein or
incumbrance thereon,except• -1 . cp ..........
CNAMIEE Since the said policy was issued, there has been not assignment thereof, or change of interest, use, occupancy, psssessiso, lacts-
r
tion or exposure of the property described,oxcept
j.li, ... ._.-------.._._--
TOTAL THE TOTAL AMOUNT OFINSURANCE upon the property described by this policy was, at the time of the loss,
INSURANCE $_ 5 ,0 � `, C)C2______, as more particularly specified in the apportionment attached, besides which than,
was no policy or other contract of insurance, written or oral, valid or invalid.
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THE ACTUAL CASH VALUE of said property at the time of the lass was GO, •
LOSS THE WHOLE LOSS AND DAMAGE w s — oQ-- --—
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it\cf.-Y-'ae(-1/,,et,u12-0,:avgj,.,
THE AMOUNT CLAIMED under the above numbered policy is $ !GO,C 1� `0 ��0
A'> +�IT CLAIMED THE
!$T1 The said loss did not originate by any act, design or procurement on the part of your insured, or this affiant; nothing
%TAT�M
OF INSUREDENThas been done by or with the privity or consent of your insured or this affiant, to violate the conditions of the policy,
or render it void; no articles are mentioned herein or in annexed schedules but such as were destroyed or damaged at
the time of said loss; no property saved has in any manner been concealed, and no attempt to deceive the said company,
as to the extent of said loss, has in any manner been made. Any other information that may be required will be fur-
nished and considered a part of this proof.
The Iwnl.bing et MIs blank or the preparation et proofs by a representative of the above Insurance company Is net a waiver of any of Its rights.
/0P/00 ' Ci r'r 0 F ill?/ 09 771 / 6 C/9
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Stats of
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Como ty o f_____P_AM.---•-- ________ \\/\
_____Py_ . ' ;,- . .. -
n sworn to before me this. -- /. �L _ _- dayof I Ad L 19_..
Se+bscnbed and
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SUBROGATION RECEA
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RECEIVED OF THE �, _ �F,,�C_- _ l e-- _ INSURANCE CO.,
�; �, s ; -t
Dollars 0
the sum o t ✓_ # �' _ �$�R_. _ )
in full settlement of all claims and demands of the undersigned for loss and damage by _
f\P-310
ccurring on the ____^ day of_ _ A.D. 19_L-__, to the property described in
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=� __–_ Agency of said�o,.,� �' ___ issued through the �,-� � LOCia�_ � �, y Company.
In consideration of and to the extent of said payment the undersigned hereby subrogates said Insurance Com-
pany, to all of the rights, claims and interest which the undersigned may have against any person or corporation
liable for the loss mentioned above, and authorizes the said Insurance Company to sue, compromise or settle in the
undersigned's name or otherwise all such claims and to execute and sign releases and acquittances and endorse
checks or drafts given in settlement of such claims in the name of the undersigned, with the same force and effect
as if the undersigned executed or endorsed them.
Warranted no settlement has been made by the undersigned with any person or corporation against whom a claim
may lie,and no release has been given to anyone responsible for the loss,and that no such settlement will be made
nor release given by the undersigned without the written consent of the said Insurance Company and the under-
signed covenants and agrees to cooperate fully with said Insurance Company in the prosecution of such claims,
and to procure and furnish all papers and documents necessary in such proceedings and to attend court and testify
if the Insurance Company deems such to be necessary but it is understood the undersigned is to be saved harmless
from costs in such proceedings.
we ha pt, hereto set 0'J ti hand$ and seal this 7 t✓�
In Witness Whereof_�.� _r _ _
day of_ — 19gi
—_
WITNESS: ` _9_22-1,e_ i caw.,337
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(Notarization to be completed on losses where local law requires it.)
FOR INDIVIDUALS FOR CORPORATIONS
STATE OF STATE OF
SS: SS:
COUNTY OF COUNTY OF
ON THE _DAY OF__ , 19-�_--. ON THE _---DAY Or
BEFORE ME CAME BEFORE ME CAME
TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN, TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID
AND WHO EXECUTED, THE FOREGOING INSTRUMENT, AND DEPOSE AND SAY THAT HE RESIDES IN _—_ ;
• THAT HE IS THE _____—________ _ OF
ACKNOWLEDGED T riA i EXECUTED THE SAME. THE CORPORATION
DESCRIBED IN, AND WHICH EXECUTED, THE FOREGOING
INSTRUMENT; THAT HE KNOWS THE SEAL Or SAID COR-
PORATION;THAT THE SEAL AFFIXED TO SAID INSTRUMENT
IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY
ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORA-
TION; AND THAT HE SIGNED H NAME THERETO BY
LIKE ORDER.
Form 729
1 t
GLOBE ADJUSTMENT CO.
12400 WEST DIXIE HIGHWAY
NORTH MIAMI, FLORIDA 33161
TELEPHONE 895-1480
895-1481
B R OWAR D 522-1022
April 8 , 1981
CITY OF MIAMI BEACH
1700 Convention Center
Miami Beach, Florida 33140
Attention: Ms. Rita Martell
RE: Our File No. : 81-26857
Policy No. : 309 JC 2487 --- St. Paul Fire & Marine Ins. Co.
Agency : Lon Worth Crow Insurance Agency
Water Damage : Discovered March 30 , 1981
Dear Ms . Martell :
In reference to the above captioned claim, it is imperative that
the one-half inch copper pipe fitting be preserved as evidence for
subrogation purposes, in behalf of the St. Paul Fire and Marine
Insurance Company.
Also, the Burroughs B2800 Processor, Serial No. B29127001 is the
property of the Burroughs Corporation and not covered by the
above referenced policy.
Very truly yours,
GLOBE ADJUSTMENT COMPANY
Scott P. Imber
SPI :j rm
cc : St. Paul Fire & Marine Ins . Co.
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GLOBE ADJUSTMENT CO.
12400 WEST DIXIE HIGHWAY
NORTH MIAMI, FLORIDA 33161
TELEPHONE 895-1480
895-1481
BROVWARD 522-1022
April 8, 1981
CITY OF MIAMI BEACH
1700 Convention Center
Miami Beach, Florida 33140
Attention: Ms. Rita Martell
RE: Our File No. : 81-26857
Policy No. : 309 JC 2487 -- St. Paul Fire & Marine Ins . Co.
Agency : Lon Worth Crow Insurance Agency
Water Damage : Discovered March 30, 1981
Dear Ms . Martell :
Enclosed please find a "Proof of Loss" and "Subrogation Receipt"
to be properly executed and returned in the enclosed envelope.
Total settlement is in the amount of $100 , 000. 00 based on:
1. ) $6 , 000 . 00 policy limit for data and media coverage.
2 . ) Twenty (20) days business interruption coverage based on
$500 . 00 per day for a net amount of $10 , 000. 00 .
3. ) Repair and/or replacement, including extra expense coverage -
of the City of Miami Beach' s equipment in the amount of
$84 , 000 . 00 .
If there are any questions, please do not hesitate to advise.
Very truly yours,
GLOBE ADJUSTMENT COMPA y ,il.
j r
Scott P. Imber � ' ,/g-
Adz uster
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c_,,,,,..,.. ... ,
Car11�'J. Hail
Claim Manager
SPI :jrm •
Enclosures
cc : St. Paul Fire & Marine Ins. Co.
ORIGINAL
RESOLUTION NO. 81-16631
1111111111111111111 (Accepting offer of $100,000 settlement.
and authorizing Mayor/City Clk. to exe-
cute an agreement,release,proof of loss
statement, subrogation receipt or any
like document necessary to conclude said
settlement of all claims against St.Paul
Fire and Marine Insurance Co. for water
damage to City's Series 2700 Computer)
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•