M&C Review


COUNCIL ACTION:  Approved on 6/20/2017 - Ordinance No. 22767-06-2017

DATE: 6/20/2017 REFERENCE NO.: **G-19029 LOG NAME: 12PERSONAL LIABILITY
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:  

Adopt Ordinance Amending Chapter 2, "Administration," Article IX, "Personal Liability Indemnity Plan," of the Code of the City of Fort Worth, Texas (2015), as Amended, to Add and Update Definitions, Establish Separate Motor Vehicle Coverage Consistent with State Law and Make Other Conforming Changes (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council adopt the attached ordinance amending Chapter 2, "Administration," Article IX, "Personal Liability Indemnity Plan," of the Code of the City of Fort Worth, Texas (2015), as amended, to revise the Personal Liability Indemnity Plan to add and update definitions, establish separate motor vehicle coverage with amounts consistent with state law, and make other conforming changes.

 
DISCUSSION:

The purpose of this Mayor and Council Communication (M&C) is to adopt an ordinance updating the City's Personal Liability Indemnity Plan (PLIP) to clarify and revise coverage provided related to the use of a City vehicle while not in the scope of employment in conformance with state law.

The PLIP provides coverage for negligence-related liability of employees, officers, and volunteers under certain conditions. In addition to outlining coverage criteria and procedural requirements, the PLIP sets a maximum amount of financial liability that the City will cover for an event. Currently, that amount is set at $100,000 per occurrence regardless of the nature of the liability exposure.

With respect to motor vehicle liability, Texas law (i) provides statutory minimum amounts per-claimant and per-event for bodily injury or death and per-event for property damage or destruction; and (ii) requires the City to provide at least the statutorily required minimum coverage for peace officers and fire fighter's operating, maintaining or using a motor vehicle owned or leased by the City.  Adoption of the recommended amendments would clearly separate motor vehicle coverage from other liability under the PLIP for use of a City vehicle while not in the scope of employment, provide motor vehicle coverage that meets the minimum amount required for motor vehicle insurance under Texas law for all employees and officers operating City vehicles while not in the scope of employment, and retain the current per-incident limit for all other types of third-party liability including use of a City vehicle while in the scope of employment.

The Ordinance also adds and revises definitions consistent with these changes and makes minor conforming changes and updates elsewhere, such as revisions to eliminate references to Risk Management being within the Financial Management Services Department.

This M&C does not request approval of a contract with a business entity.





 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that funds are available in the Risk Management fund to pay claims arising from the City's personal liability indemnity plan.

TO
    Fund Department
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Account Project
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Program Activity Budget
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(Chartfield 2)
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FROM
    Fund Department
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Account Project
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Program Activity Budget
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Reference #
(Chartfield 2)
Amount

Submitted for City Manager's Office by:
Susan Alanis (6222)
Originating Department Head:
Sarah Fullenwider (76 06)
Gerald Pruitt (7616)
Additional Information Contact:
 

 
 
ATTACHMENTS
  PLIP Ordinance 6.14.17.docx