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Home My WebLink About10/18/2016 06C 3rd Quarter 2016 Claim Report xs .1 s. n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.C. For Meeting of: October 18, 2016 ITEM TITLE: 3rd Quarter 2016 Claim Report and Resolution authorizing and approving 3rd Quarter 2016 claims activity SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney Cindy Epperson, Budget & Finance Director SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 3rd Quarter 2016. All claims listed in this report were resolved and settled pursuant to the City Council's prior annual Resolution authorizing the City Manager to settle claims against or by the City in an amount of $100,000 or less, and Resolution No. R- 2015 -136 was adopted on November 3, 2015. On June 14, 2016, the City Council passed a motion to change the settlement authority amount of $100,000 to $50,000. All payment amounts listed on the City Manager's CIAW report show the amount paid by the City of Yakima toward the settlement within the City's $100,000 insurance deductible. In Michael Henne v. City of Yakima, Yakima County Superior Court Cause No. 11 -2- 03986 -1, the case settled at a mediation for $63,500 on March 18, 2016; the City's insurance company paid the settlement amount which was above the City's deductible. The entire amount of the settlement was paid by the City's insurance carrier and the City paid no money toward the settlement. The report includes information for the third quarter 2016: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 3rd Quarter 2016; and (4) WSTI P closed claims for the 3rd Quarter 2016. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd quarter of 2016 as listed in the reports. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution apprming 3rd quarter 2016 claim report 10/10;2016 Resolution D 3rd quarter 2016 claim report 10/10/2016 Backup Material RESOLUTION NO. R -2016- A RESOLUTION accepting and approving the 3rd Quarter 2016 Claim Report for the City of Yakima. WHEREAS, the City of Yakima previously was self insured as to most claims; and WHEREAS, the City of Yakima is currently a member of the Cities Insurance Association of Washington ( "CIAW ") for most claims, and joined CIAW effective December 14, 2005, with a $99,000 deductible for insurance policies from September 1, 2010 to September 1, 2012, and a $100,000 deductible on policies from September 1, 2012 to the present; and WHEREAS, the Transit Division is in the Washington State Transit Insurance Pool ( "WSTIP ") for Transit claims, effective September 1, 2005, with liability coverage which is not subject to a deductible amount; and WHEREAS, pursuant to the prior annual Resolution No. R- 2015 -136 that was adopted by the City Council on November 3, 2015, the City Manager was authorized to settle claims against or by the City in an amount of $100,000 or less; and WHEREAS, on June 14, 2016, the City Council passed a motion to change the City Manager's settlement authority amount of $100,000 to $50,000; and WHEREAS, the attached CIAW Claim Report contains information on and the disposition of the various claims submitted to the City of Yakima with the amount on the CIAW report that was paid by the City of Yakima toward the settlement which was within the City's $100,000 insurance deductible, and does not include the insurance company's contribution to the settlement, if any; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached 3rd Quarter 2016 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 18 day of October, 2016. Kathy Coffey, Mayor ATTEST: Sonya Claar Tee, City Clerk CITY OF YAKIMA 3rd Quarter Claim Report 2016 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 07/01/2016 TO 09/30/2016 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2016 July 1, 2016 through September 30, 2016 Auto Bodily Injury (ABI) Total Number of Claims: 0 Total Dollars Paid: $0.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 4 Total Dollars Paid: $3,285.74 Employment Practices Liability (EPL) Total Number of Claims: 0 Total Dollars Paid: $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 2 Total Dollars Paid: $37,000.00 General Liability - Property Damage (GLPD) Total Number of Claims: 7 Total Dollars Paid: $1,433.29 Law Enforcement (LE) Total Number of Claims: 4 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 2 Total Dollars Paid: $2,500.00 TOTAL NUMBER OF CLAIMS: 19 TOTAL DOLLARS PAID: $44,219.03 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01/2016 TO 09/30/2016 City of Yakima CIAW Closed Claims Summary by Department Third Quarter 2016 July 1, 2016 through September 30, 2016 Department /Division Closed Total Paid Animal Control Division 0 $0.00 Codes Division 0 $0.00 Community Development Department 0 $0.00 Engineering Division 1 $424.63 Fire Department 1 $1,761.01 Municipal Court 1 $2,500.00 Parks and Recreation Division 1 $0.00 Parking Enforcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 7 $1,524.73 Public Works Department 0 $0.00 Refuse Division 0 $0.00 Streets Division 6 $37,948.66 Wastewater Division 0 $0.00 Water /Irrigation Division 1 $0.00 Utility Services Division 1 $60.00 TOTAL: 19 $44,219.03 CIAW CLOSED CLAIMS 07/01/2016 TO 09/30/2016 City of Yakima Closed Loss Run 711/2916 to 9130!2016 as of 10107/2016 rai Aw ,..., Ir. raxr 5. r4 , 4-6',..,-,.. Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Cale Code Full Name Event Description Code Closed Last Name Amount Yakima Engineering Division LCYEngi2016 I 5/2/2016 4/28/2016 4128/2016 GLPD Uanahoo, Trolley power Sne hit 7/1112016 1,A re /5424.63 043705 Kenneth claimant's vehicle_ . 1I' 1____ NM $424.63, Claim Claim Claim Event Data Data of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Fire Department. LCYFDD291B 4/26120t6 4125/2415 4121 /2015 ALPD Alanso. Insured vehicle lilt 712212016 Fletcher 51,761.01 043671 Monica claimant's vehicle 1 I 1111111111 Sum: $1,761.01 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Cods ;Closet! Last Name Amount Yakima Mu uipai Court LCYMuni4 201 11/12f20t4 11/12'2014 8/15/2014 Wry Sarah Matheny Alleged wrongful t 615/'201 eersma 52,500.00 4041012 Sarah termination 111.11.M1111111111 MIA= ! sum: $2,Soa.ao Claim Claim Claim Event Bate Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Parks 6 Recreation LGYPark2016 Candle, Clatmanlhurt finger Division 4/22/2015 4'2912013 3/19/2016 GLBI Esther praying soccer C 7/21/2016 Boar sae) - � Inn MEI _1 ! $0.00 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name dumber Reported Maim Event Date Code Full Name Event Description , Code Closed Last Name Amount LCYP4200703 el Henne, Yakima Ponce Department. 5110'2011 5{1012011 811/2047 Employment claim C 9128/201-6 MI 5 2464 ■ Michael LCYPD201264 1/1212015 1112/21015 10/21/2012 LE Magallan, Wteged civ rights C 0/12/2016 Moore 50.00 1311 Francisco violation LCYFD201404 Werth, Claimant's property lost 3870 63/2015 61212016 2/25/2014 LE Devon by Cauniy C @'3012 16 Moore 50.00 LCYPD2415041 Rudder, Police assist at medical • 2783 14114/2015 1011412415 51121'24'15 LE Wayne ifacility. C i 5l4/24f6 Wiersma 50.00 LCYPD201 tiO4 872 E 5/612016 513/2016 513/22016 ALPD Mills, Margo IV hft OV C 7/112416 Fletcher 50.00 LGYPR20ti0 14 Martinez, Pairotearrear -ended 8766 511312016 5113/2016 511312016 LE []lama , claimant vehicle. i C 7.119t2016 Carrell $4.04 LGYPa201804 718/2076 7/5/2016 6/24/2016 ALPO Janes, IVrearended OV 0 9172/2016 ?vicWil6ams $1,524.73 _ 4(X238 7 Douglas Sum: #1,524.73 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount LCYStree2014 ?Sell rer, Claimant tripped on Yakima Streets Division 0.1412015 0/412015 6/412014 GL81 G , /3141201 G i P7elcher $37,040.04 041998 61e3'issa sidewalk I LCYStree2016 Sanchez' Insured vehicle h1 mirror OA3773 5116/2016 5416/2016 5//012018 ALPL? David of claimanPs vehicle G .7115/'2416 McWilliams ; $0.04 LCYStree20i6 1612016 5/16)2016 5/1$/2416 GLPD ' Windshield damage G 7/14/2016 McWilliams 50.00 043753 • ,Akira LCYStree-201 G 1 brown, 04 24 5125/2018 515612016 5/1612016 GLPD Krisi I Claimant hit pothole 0 711512016 Whetstone $736.171 LGYS1ree2016 4111/201 -6 48/2016 41112016 GLPD Lopez, Claimant hit unmarked 0 5/11/2016 Czirnbal 50.00 043587 Carmen past LGYSVee2016 . 611/2015 6/112016 5/1512016 GLPD Slwerriaker, Claimant hit pothole 0 711412016 Cambal . $202.49 • 043854 Thomas 8 Sum: 557,943.66 . Claim Claim Claim Event Date Dated! Type Claimant Status Data Adjuster Setttement Department Name Nu mber Reported Clalm Event Date Code ru11 Name Event description Coda Closed Last Marne Amount • Yakima lFikySenvlces Division -03574 3974 24160 5/21/20 61202016 1/20/2016 GLPD gym Water shut off Issue. G 7/21/2016 Czirmbel 56100 Teresa Sum: 560.00 Metal Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Water & Irrigation Division 50,436ater201 4126/2016 4/2612016 11712015 GLPD Ball, Doug Alleged water damage 10 'Whetstone hetstone 50.00 5443674 from leaking meter. /11111. :__MI .1111 Sum: 30.00 19 Sum: 344,219.03 WSTIP CLOSED CLAIMS 07/01/2016 TO 09/30/2016 Yakima Transit Closed Claims - 07/01/2016 - 09/30/2016 Claim/Event Number Event Date Date of Claim Claimant Dept. Location Type Status Description Date Total Paid To Outcome Closed Claimant By WSTIP 16-00203*-4 6o/2016 7mo016 Gonalez, Jacoba 28PT E. Lincoln arid 8th St. BI C At fault vehicle hit 7/6/16 $o.no Closed wvPay paratransit vehicle | / | ! � --� -- --J ---- -/ -- -------- �--� 4 — The City of Yakima WSTIP Transit Insurance has a $0 deductible on its WSTIP insurance, so the amounts paid on the Transit Closed Claims report were paid by WSTIP, not the City. Yakima Paratransit claims (with "PT" in claim number) after January 1, 2012, involve the current contractor for ADA paratransit service, Medstar, LLC. Prior to January 1, 2012, the contractor for paratransit service was A-1 Tri-City Taxi, Inc.