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HomeMy WebLinkAbout194-16 RESOLUTIONpk F4rt ��fi a i �f �R r �yn'R,r:S k4 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 194-16 File Number: 2016-0478 LEXINGTON INSURANCE COMPANY: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF INSURANCE PROCEEDS IN THE AMOUNT OF $457,925.07 FROM LEXINGTON INSURANCE COMPANY FOR NECESSARY REPAIR WORK ON BUILDINGS LOCATED AT THE FAYETTEVILLE EXECUTIVE AIRPORT AS A RESULT OF HAIL DAMAGE, AND TO APPROVE A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of insurance proceeds in the amount of $457,925.07 from Lexington Insurance Company for necessary repair work on buildings located at the Fayetteville Executive Airport as a result of hail damage. Section 2: That the City Council of the City of Fayetteville, Arkansas adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/1/2016 Attest: hereby approve 11' jpudget ter•`; % C-1 Y (a,'�`%''. F YE Evil Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 11/2/16 City of Fayetteville, Arkansas 113 West Mountain Street f Fayetteville, AR 72701 ~X (479) 575-8323 �rt :z Text File File Number: 2016-0478 Agenda Date: 11/1/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 LEXINGTON INSURANCE COMPANY: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF INSURANCE PROCEEDS IN THE AMOUNT OF $457,925.07 FROM LEXINGTON INSURANCE COMPANY FOR NECESSARY REPAIR WORK ON BUILDINGS LOCATED AT THE FAYETTEVILLE EXECUTIVE AIRPORT AS A RESULT OF HAIL DAMAGE, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of insurance proceeds in the amount of $457,925.07 from Lexington Insurance Company for necessary repair work on buildings located at the Fayetteville Executive Airport as a result of hail damage. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 111212016 Andrea Rennie Submitted By City of Fayetteville Staff Review Form 2016-0478 Legistar File ID 11/1/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2016 Purchasing / Finance & Internal Services Department Submitted Date Division / Department Action Recommendation: Staff recommends the City accept insurance funds from Lexington Insurance Company in the amount of $457,925.07 for related hail damages occurring on five buildings located at the Fayetteville Executive Airport and approve a budget adjustment. Original Contract Number: Approval Date: Comments: Budget Impact: 5550.760.3960-5400.00 Airport Account Number Fund 13025.1602 Airport Roof Replacements Project Number Project Title Budgeted Item? No Current Budget $ 164,727.00 Funds Obligated $ 14,500.00 Current Balance $ Does item have a cost? No Item Cost —� y150,227,€30 Budget Adjustment Attached? Yes Budget Adjustment $ 457,627.00 Remaining Budget 6.,, ._. ..� V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Fay%r t—leY CITY COUNCIL AGENDA MEMO AANSAS MEETING OF NOVEMBER 01, 2016 TO: Mayor Lioneld Jordan and Fayetteville City Council THRU: Paul A. Becker, Chief Financial Officer FROM: Andrea Rennie, Purchasing Manager DATE: Friday, October 14, 2016 SUBJECT: Approval of accepting insurance funds for roof related damages RECOMMENDATION: Staff recommends the City accept insurance funds from Lexington Insurance Company in the amount of $457,925.07 for related hail damages occurring on five buildings located at the Fayetteville Executive Airport and approve a budget adjustment. BACKGROUND: The Fayetteville Executive Airport experienced hail damage on May 09, 2015. After extensive teamwork by City staff, research efforts from Garver Engineers, and great efforts from the City's insurance broker, HUB International, Lexington Insurance Company has acknowledged the City experienced a loss in the amount of $482,927.07_ Lexington Insurance Company will be compensating the City for the following: RCV Building loss (5 locations): $457,925.07 Compensation for Professional Fees: +$ 25,000.00 Less Wind/Hail Deductible: - $ 25,000.00 Total Funds to be Received =$457,925.07 DISCUSSION: In 2015, Lexington Insurance Company stated damages were under the deductible amount of $25,000. After consulting with Garver Engineers, the City and HUB International went back to Lexington to dispute the amount of damages. After months of diligent efforts, Lexington agreed the City experienced hail damage to the following five buildings located at the Fayetteville Executive Airport: Terminal Building, FBO Hangar, FAA Building, Old Terminal Building, and the Air Museum. The City intends to retain Garver Engineers, as the City's selected engineer for the Airport to develop a bid package identifying the scope of work for the repairs. After the bid package is complete, Purchasing will bid out the repair work associated with the damages from the hail storm. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The Airport will pay the $25,000 deductible and additional broker costs in the amount of $3,000 for claim assistance. The insurance funds will pay for engineering for the bid package and the repairs. Insurance funds received are intended cover repair costs; however, in the event the price for the repairs exceed the amount received from insurance, less the deductible, the City will file a supplemental claim. Attachments: Budget Adjustment Facebook and Free Speech Limited public forum: o We have decided to allow citizens to comment on our Facebook and Instagram posts so we have created a limited public forum. o Public comments are protected, generally, by the First Amendment o We can set some limitations on that speech; this should be governed by a fair and reasonable social media policy that sets forth for the public the content that is not allowed and will result in deletion of the post or being blocked from the page. o Deleting posts: ■ Facebook's Statement of Rights and Responsibilities prohibits: • Bullying, harassing or intimidating users • Content that is hate speech, threatening or pornographic, incites violence or contains nudity, or graphic or gratuitous violence. • Content that is unlawful, misleading, malicious or discriminatory. We could similarly restrict abusive, obscene or threatening content and remove it without going through the Facebook editorial measures. The question is, with some of the issues we have faced at the City, could some potentially discriminatory posts still receive First Amendment protection? Probably. • If you aren't sure, call my office; maybe we will decide the best way to handle it is to report it to Facebook. Just like a City Council meeting, we could require that all posts stay on topic and that off -topic comments will be deleted. You cannot delete a comment just because it is critical of the City, a City program, a City employee or an elected official. You cannot block somebody who says something that is critical unless it violates our policy; I would recommend warning the person about the violation, reminding them of the policy and encouraging them to comply in the future. A second instance could certainly warrant blocking them. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division AIRPORT SERVICES (760) /Org2 2016 Adjustment Number Requestor: Andrea Rennie BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Due to a major hail storm on May 9, 2015, five buildings had roof damage. An insurance settlement has been reached. The Airport will pay the $25,000 deductible and the additional broker costs. The settlement will pay for engineering for the bid specs and the repairs. The buildings that will receive new roofs are: Terminal, Old Terminal, FB0 Hangar, FAA Building and the Air Museum. COUNCIL DATE: 11/1/2016 LEGISTAR FILE ID#: 2016-0478 Ltc1 i - 10/14/2016 3:00 PM Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: / TOTAL 457,627 457,627 v.20160722 Increase / (Decrease) Prolect.Sub# Account Number Expense Revenue Project Sub AT Account Name 5550.760.3960-5314.00 3,000 - 13025 1601 EX Services - Professional 5550.760.3960-5400.00 25,000 - 13025 1601 EX Building & Grounds - Maintenance 5550.760.3960-5801.00 (28,000) - 13025 1 EX Fixed Assets - Fixed Assets 5550.760.3940-6999.00 - 457,627 13025 1602 RE Miscellaneous - Miscellaneous 5550.760.3960-5314.00 25,000 - 13025 1602 EX Services - Professional 5550.760.3960-5400.00 432,627 - 13025 1602 EX Building & Grounds - Maintenance C:\Users\srnifh\AppData\Roarning\L5\1ernp\1 13-a98f-4330-a992-4da032527f95 Crash Course in Copyright and Fair Use Doctrine • First Step: Do you have permission to use the work? • Second Step: Copyrighted work or public domain? o The © symbol o Public domain works are always safe. o Internet # public domain o Things not covered by copyright law: comprehensive compilations like phone books, U.S. Government works, facts, and ideas or methods described in copyrighted works. • Third Step: Is there an implied or express license? o Implied: by posting on the internet, an author or artist should reasonably expect the work to be reposted, shared, downloaded, printed, etc. o Express: Some authors may post content and expressly state that it is there for the world to use as it may, or it could be more limited (educational purposes only or non-commercial uses only). • Fourth Step: If there is no license, will the use of the work fall under the fair use doctrine? o What is the character of the use? • Transformative • Nonprofit, educational or personal • Commercial o What is the nature of the work that will be used? • Fact (non-fiction) or published works ■ Mixture of fact and imaginative • Imaginative/highly creative or unpublished works o How much of the work will be used? • Small amount (exception: "heart" of the work) • Appropriate amount for transformative purpose • More than a small amount or the amount needed for transformative purpose. o If the kind of use proposed was widespread, would it have a negative effect on the market for the original or for permission to use the work? • Transformative; no effect on market for original • Parodies — diminished market value • Costs the owner income IMPORTANT: Attribution does not give you free range e to copy someone else's work. • Some fair use resources: o http://crosimpact.org/code/code-best-practices-fair-use-online-video/ o http://%ww.foi-bes.com/sites/oliverlierzfeld/2016/05/26/l"lrir-use-in-thc-ate-of-social- rnedia/#5cb322de2bcd