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04/17/2018 06E 1st Quarter 2018 Claim ReportITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.E. For Meeting of: April 17, 2018 Resolution authorizing and approving 1st Quarter 2018 claims activity Helen A. Harvey, Senior Assistant City Attorney DannyAgsalog, Director of Finance & Budget SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 1st Quarter 2018. 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 $50,000 or less, and Resolution No. R-2017-125 was adopted on October 17, 2017. All payment amounts listed on the C IAW report show the amount paid by the City of Yakima toward the settlement within the City's $100,000 insurance deductible. The City Council previously authorized settlement on one claim in the report pursuant to a Resolution. In the case of Keith Schrank v. Cyr and City of Yakima, Yakima County Superior Court Case No. 15-2-00375-4, the City Council adopted Resolution No. R-2017-098 on August 1, 2017, which authorized settlement of the case for $250,000, which entire amount was paid by CIAW and the City's insurance carrier Munich Reinsurance. The City of Yakima paid no money toward settlement of the case. In the case of Cara Lovell, individually, and VanNoy Culpepper, Trustee for the Bankruptcy Estate of Cara Lovell, EDWA #15-731 v. City of Yakima, U.S. District Court for the Eastern District of Washington No. 16-cv-3214-TOR, the attached CIAW report lists the amount paid by the City, which was $23,751.69. The total settlement amount was $50,000, and the balance of $26,248.31 was paid by CIAW because the City had reached its CIAW deductible. The report includes information for the first quarter 2018: (1) CIAW claim summary by type of claim; (2) C I AW claim summary by department; (3) C I AW closed claims for the 1st Quarter 2018; and (4) W ST I P closed claims for the 1st Quarter 2018. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 1st Quarter of 2018 as listed in the reports. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D Resolution 4/6/2018 0 1 st Quarter 2018 Closed Claims Report 4/9/2018 2 Type Resolution Backup Material 3 RESOLUTION NO. R -2018- A RESOLUTION accepting and approving the 1st Quarter 2018 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 an annual Resolution that has been adopted by the City Council, the City Manager is authorized to settle claims against or by the City in an amount of $50,000 or less; 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 1st Quarter 2018 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 17th day of April, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk CITY OF YAKIMA 1st Quarter Claim Report 2018 CIAW CLAIMS SUMMARY BY OF CLAIM TYPE 01I 6 City of Yakima CIAW Closed Claims Summary by Type of Claim First Quarter 2018 January 1, 2018 through March 31, 2018 Auto Bodily Injury (ABI) Total Number of Claims: Total Dollars Paid: 1 $0.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 9 Total Dollars Paid: $23,202.15 Employment Practices Liability (EPL) Total Number of Claims: Total Dollars Paid: 0 $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 4 Total Dollars Paid: $25,998.00 General Liability - Property Damage (GLPD) Total Number of Claims: Total Dollars Paid: $15,073.15 Law Enforcement (LE) Total Number of Claims: 7 Total Dollars Paid: $11,670.99 Wrongful Acts (WA) Total Number of Claims: 1 Total Dollars Paid: $23,151.69 TOTAL NUMBER OF CLAI S: 27 TOTAL DOLLARS PAID: $99,695.98 01/01/2018 0331/2018 City of Yakima CIAW Closed Claims Summary by Department First Quarter 2018 January 1, 2018 through March 31, 2018 Department/Division Closed Total Paid Animal Control Division 0 $0.00 Codes Division 0 $0.00 Community Development Department 0 $0.00 •Engineering Division 0 $0.00 Finance Department 0 $0.00 Fire Department 1 $14,000,00 Other 3$8,000.00 Parks and Recreation Division 2 $573.00 Planning Division 0 $0.00 Police Department 11 $25,286.47 Public Works Department 0 $0.00 Refuse Division 3 $216.40 Streets Division 6 $51,620,11 Wastewater Division 0 $0.00 Water/Irrigation Division 0 $0.00 Utility Services Division 1 $0.00 TOTAL: 27 $99,695.98 8 CIAW CLOSED CLAIMS 01/01/2018 TO 03/31/2018 Clt im I nunnn... Aau,li Ion nl\\'nrhlnecnn City of Yakima Closed Loss Run 1/1/18 to 3/31/18 as of 4/2/2018 Department Name Yakima Fire Department Claim Number LCYFDD2017 046475 1 Event Date Reported 10/3/2017 Date of Claim 10/3/2017 cialm Type "Claimant Event Date Code Full Name 3/21/2017 GLPD Mt. Olive Lutheran Church Event Description Claimant's driveway damaged :..4Ialm Status Code C Date Adjuster Settlement Closed Last Name 1/2/2018 Whetstone Sum: Amount $14,000.00 $14,000.00 Department Name taalm (Ialm Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Number Reported Claim Event Date Code . Full Name Event Description Code Closed :: Last Name Amount Yakima Other LCYOthe2013 11/20/2017 11/17/2017 046732 9/2/2013 GLBI AAssholman, Medical malpractice. Per C 2/22/2018 Schafer $0.00 LCYOthe2017 046437 9/26/2017 8/30/2017 8/30/2017 ALPD Rodorn, James Insured vehicle allegedly hit other vehicle C 2/20/2018 McWilliams $0.00 LCYOthe2017 046622 10/26/2017 10/26/2017 6/13/2017 LE Raphael, Amber Alleged wrongful arrest C 1/2/2018 Schafer $8,000.00 3 Sum: $8,000.00 Department Name Yakima Parks & Recreation Division Claim Event Date Date of Number Reported LCYPark2017 046857 LCYPark2046 721 2 12/14/2017 11/17/2017 Claim 12/14/2017 11/16/2017 Event Date 8/5/2017 10/25/2017 maim Type Claimantf Code Full Name GLPD GLBI Koch, Robert Trujillo, Michael Event Description Claimant's cougar carving damaged Claimant slipped on wet paint Glalm Status Code C C Date Adjuster, Settlement Closed Last Name 1/31/2018 2/15/2018 Whetstone Fletcher Sum: Amount $75.00 $498.00 $573.00 Department Name Yakima Police Department Claim Number LCYPD201203 4995B Event Date Date of Reported Claim 4/11/2012 4/12/2012 Event Date 3/15/2012 claim Type Code ABI Claimant Full Name Event Description Schrank, Insured vehicle hit other Keith vehicle cialm Status Code C Date Closed 1/2/2018 Adjuster Last Name Correll Settlement Amount $0.00 LCYPD201304 5844 5/25/2017 5/24/2017 11/5/2013 LE Peterson, Alleged harassment issue Mark C 3/8/2018 Fletcher $0.00 LCYPD201404 5551 4/11/2017 4/10/2017 7/12/2014 LE Redwine, Alleged wrongful arrest Stephen C 1/2/2018 Schafer $0.00 LCYPD201504 2385 9/8/2015 9/8/2015 7/16/2015 GLPD Valencia, Police officer allegedly hit Celedonio mailbox C 2/23/2018 Schafer $0.00 LCYPD201704 5436A 3/17/2017 3/10/2017 2/10/2017 ALPD Manka, Insured hit claimant's Jonathan vehicle C 1/31/2018 Boruff $4,467.93 LCYPD201704 5932A 6/12/2017 6/9/2017 6/9/2017 ALPD Hines, IV backed into OV Amber C 2/19/2018 McWilliams $1,573.91 LCYPD201704 6164 7/27/2017 7/27/2017 7/22/2017 LE vi a- Mendoza, Claimant's vehicle towed C 1/2/2018 Schafer $0.00 Department Name LCYPD201704 6397 9/20/2017 9/7/2017 9/7/2017 LE Macias, Richard Claimant injured in patrol vehicle C 1/2/2018 Fletcher $3,449.11 2/25/2016 LCYPD201704 6536 10/13/2017 10/12/2017 1/11/2017 LE Williams, Jarrell Alleged unlawful search and seizure C 3/21/2018 Schafer $0.00 C LCYPD201804 7306 3/8/2018 3/8/2018 3/8/2018 LE Lombera, Constancio Claimants keys lost by insured C 3/26/2018 Whetstone $221.88 McWilliams LCYPDYaki20 17046309 9/5/2017 9/5/2017 8/9/2017 ALPD Lucio, Aracely Intersection accident involving IV with OV C 1/2/2018 Correll $15,573.64 $998.15 11 LCYStree2017 046196 8/3/2017 8/2/2017 7/30/2017 GLBI Paradis, Marilyn Claimant fell after stepping in recessed box C Sum: $25,286.47 Department Name Claim Event Date Date of Number , Reported Claim Event Date Type Claimant Code Full Name Event Description Status Code Date Closed Adjuster Last Name Settlement Amount Yakima Refuse Division LCYRefu2016 043351 3/1/2016 2/25/2016 2/25/2016 ALPD Diaz, Gloria Insured vehicle hit claimant's mailbox C 1/31/2018 Whetstone $0.00 ALPD LCYRefu2017 045029 1/20/2017 1/13/2017 1/13/2017 ALPD Browning, IV hit claimant's mailbox Kathryn C 1/31/2018 Fletcher $0.00 3/31/2017 LCYRefu2018 047180 2/13/2018 2/13/2018 2/13/2018 ALPD Bernier, Garbage truck hit Brad claimant's fence C 3/15/2018 McWilliams $216.40 LCYStree2017 045297 3 ---_- 2/22/2017 GLPD Martinez, Beatriz Claimant hit pothole C Sum: $216.40 Department Name Claim Number LCYStree2014 043475 Event Date Reported 3/23/2016 Date of Claim 6/4/2014 Event Date 5/22/2014 claim Type Code WA Claimant Full Name Lovell, Cara Event Description Alleged wrongful termination siaim Status Code C Date Closed 3/12/2018 Adjuster Last Name Wiersma Settlement `. Amount $23,751.69 Yakima Streets Division LCYStree2016 043560 4/4/2016 4/4/2016 4/4/2016 ALPD Schafer, Heidi Insured's sweeper hit claimant's vehicle C 1/24/2018 Schafer $0.00 LCYStree2016 045514 3/31/2017 3/31/2017 2/15/2016 GLBI Thornton, Korinne Tree limb fell on claimant C 2/23/2018 Boruff $25,000.00 LCYStree2017 045297 2/22/2017 2/22/2017 2/22/2017 GLPD Martinez, Beatriz Claimant hit pothole C 1/2/2018 Owens $998.15 LCYStree2017 046196 8/3/2017 8/2/2017 7/30/2017 GLBI Paradis, Marilyn Claimant fell after stepping in recessed box C 1/2/2018 Schafer $500.00 LCYStree2017 046774 11/29/2017 11/28/2017 11/24/2017 ALPD Bazan, Manuel Claimant alleging no signage on street C 2/22/2018 McWilliams $1,370.27 6 ---_- Sum: $51,620.11 Department Name claim claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name . Amount Yakima Utility Services Division LCYUtiI20170 47123 2/5/2018 2/5/2018 1/29/2017 GLPD Baldt, Leonard Water damage C 13/19/2018 Whetstone $0.00 1 Sum: $0.00 27 Sum:1 $99,695.98 WSTIP CLOSED CLAIMS 01/01/2018 Yakima Transit Closed Claims - O'1/0112018 - 03/31%2018 Clai Event Number 17-009 17-010363-2 Event Date 10/17/2017 11/28/2017 Date of Claim 8!2417 121112017 Clai n Rochel, Kristin ichael Dept. 28PT 28PT Location 2700 block of West Nob Hill Boulevard 812 South 19th Avenue Type ALPD ALPD Status c Desci iption Transit vehicle collided with another vehicle Transit vehicle hit a parked car Date Closed 1/2912018 2/16/2018 Total Paid To Claimant By WSTIP $4,487;00 5,357.00 Outcome Settled Settled The City of Yakima WSTIP Transit Insurance has a $0 deductible on its WS TIP 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 Cabulance, Inc. Prior to January 1, 2012, the contractor for paratransit service was A-1 Tri -City Taxi, Inc.