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HomeMy WebLinkAbout10/16/2018 06G 3rd Quarter 2018 Claims ActivityITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.G. For Meeting of: October 16, 2018 Resolution authorizing and approving 3rd Quarter 2018 claims activity. Helen A. Harvey, Senior Assistant City Attorney Ana Cortez, Assistant City Manager SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 3rd 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 these claims in the report pursuant to a Resolution. In the case of Carol Waters v. City of Yakima, et al., Yakima County Superior Court Case No. 15-2-02681-9, the City Council adopted Resolution No. R-2018-034 on April 3, 2018, which authorized settlement of the case for $125,000, 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. The City Council also previously authorized settlement of the Sandy Armijo and Carolyn Piersen damage claims by adoption of Resolution No. R-2018-055 on June 19, 2018. The report includes information for the 3rd Quarter 2018: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 3rd Quarter 2018; and (4) WSTIP closed claims for the 3rd Quarter 2018. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd Quarter of 2018 as listed in the reports. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date O Resolution 10/5/2018 O 3rd Quarter 2018 Closed Claims Report 10/8/2018 2 Type Resolution Backup Material 3 RESOLUTION NO. R -2018- A RESOLUTION authorizing and approving the 3rd 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 3rd Quarter 2018 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 16th day of October, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk CITY OF YAKIMA 3rd Quarter Claim Report 2018 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 07/01/2018 TO 09/30/2018 6 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2018 June 1, 2018 through September 30, 2018 Auto Bodily Injury (ABI) Total Number of Claims: Total Dollars Paid: 1 $0.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 5 Total Dollars Paid: $3,969.09 Employment Practices Liability (EPL) Total Number of Claims: Total Dollars Paid: 0 $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 2 Total Dollars Paid: $7,500.00 General Liability - Property Damage (GLPD) Total Number of Claims: 8 Total Dollars Paid: $94,666.49 Law Enforcement (LE) Total Number of Claims: Total Dollars Paid: 2 $0.00 Wrongful Acts (WA) Total Number of Claims: 2 Total Dollars Paid: $7,014.00 TOTAL NUMBER OF CLAIMS: 20 TOTAL DOLLARS PAID: $113,149.58 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01/2018 TO 09/30/2018 City of Yakima CIAW Closed Claims Summary by Department Third Quarter 2018 July 1, 2018 through September 30, 2018 Department/Division Closed Total Paid 8 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 0 $0.00 ONDS 1 $0.00 Parks and Recreation Division 1 $225.00 Planning Division 0 $0.00 Police Department 3 $0.00 Public Works Department 0 $0.00 Refuse Division 3 $1,849.41 Streets Division 5 $6,078.18 Wastewater Division 6 $104,150.71 Water/Irrigation Division 1 $846.28 Utility Services Division 0 $0.00 TOTAL: 20 $113,149.58 CIAW CLOSED CLAIMS 07/01/2018 TO 09/30/2018 Department Name ONDS City of Yakima Closed Loss Run 7/1/2018 to 9130/2018 as of 10/112018. C lalm Number LCYONDS2018048044 Event Date Date of t.raim Type Claimant Reported Claim EventDate Code FuEI Name 7/26/2018 7/25/2018 7120/2018 s WA Valley Partners Habitat Pc( manitV maim Status Date Adjuster Settlement Event Description Code Closed Last Name Amount Judicial forexl;osure C 8/15/2018 Wiersma $0.00 Sum: $4.00 DepartmenIName Yakima Parks & Reareatan Division Claim Number LCYYark2018C47923 1 Evegl Date Reported 6/27/2018 Date of Claim 6/2342018 !warm Type Claimant Event Date Code Fuil Name 6/23/2018 GIPD Escobar, Dina Event Description Sprinklers activa1efd during party. utarm Status Date Adjuster Settlement Code Closed LasUName Amount c 7/24/2018 tNbetstane Sum: $225.00 $225.00 DepartmentName Yakima Police Department Claim Number LCYPD2017045932B Event pate Date of taratm Type Claimant Reported Claim Event -Date Code Full Name 6112/2017 6/9,2017 6/9/2017 ABC Birks Amber unarm Status Date Adjuster Settlement Event Description Code Closed Last Name Amount IV backed lila OV C 71212018 McWilSams $0.00 LCYPD2O17046992 t/10"20t8 1/10/2018 12/27/2017 LE Fisher, Katy Insured damaged claimant's residence C 7/24/2018 Schafer LCYPD201 & 48050 7/30/2918 7430/2018 16/2712018 LE Paz, Etelberto Claimant's porch damaged by insured c 8/16/2018 Owens sa_oo Department Name Yakima Refuse Division 3 Claim Number LC f`Refu20181347947 +.rain Event Date Date of Type Claimant Reported Claim EventDate Code full Name 7/5/2318 7/542018 6/2712018 ALPD George, Krislie Sum: $o -'o 'warn Status Date Adjuster Settlement Event Description Code Closed Last Name Amount Garbage muck damaged 'trailer C 7124/2018 Owens 0-00 LCYReru2018047988 7116/2018 7/13/2018 t 6/26/2018 Vasquez, ALPD Philip IV damaged claimant's fascia boards C 7/31/2018 Owens $0.00 LCYRefu2418148676 8/242018 7/31/2018 7/3142018 ALP© Rojas, Nancy insuredvehicte backed into C1mrs vehicle 6/20/2018 Correll $1,849.41 Sum: $1,849.41 Department Name Yakima Streets Division Claim Number LGYStree20121342004 Event I ate Reported 81532045 Date of Claim 635124115 Event Date 9/2312012 harm Type Code GLBI Claimant Full Name Waters, Card :uneven Event Description Claimant tripped on sidewalk 1431m Status Code C Date Closed 911812018 Adjuster Last Name 13oruff Settlement Amount 90.00 LCYWaste2017047498 LCYSlree2017046805 1202017 12/112417 1211/20117 GLPD' King, John Carnperdmgdallegedly due to bumps speed C 7331312018 McWilliams $0.00 LCYWaste2018047172 LCYStree2617047628 51912418 51`4:X201B 1211/2017 GLPD 8lanet� Claimant hit pothole C 83271201E1 Owens $0.00 LCYStree2018047687 5/1612018 5/15/2018 5/4512018 GLPD Russell. Allan Tree Jimhfern cn claimant's vehicle G 73212018 Owens $4,804.78 LCYWaste2018047790 LCi'Stree2018AM17755 ' 611}2018 5131/2018 5/31/2418 ALPD Ramirez, Kathy Ensured vehicle hit claimants vehicle C 7324/201a BoMf $1,273d0 5 5/2.4/2018 Sum: $6,076.16 Department Name Yakima Wastewater Divisor Claim Number LCYWaste2012044756 Event Dale Reported 1212!2916 Date of Claim 1211/2016 Event Date 1231/2016 Ltalm Type Code WA Claimant Full Name S'anvrtons, Jen ter Event Description ABegedoverpayment on utility account Palm not covered by CIAW) warm Status Code C Date Closed ". 7119/2018 Adjuster Last Name Whetstone Settlement Amount $7,014.00 LCYWaste2017047498 4113/2918 4/1312018 7/18/2017 GLBI Parks, Scott Claimant fell cn a storm drain grata and fen in drain C 9118/2018 Borg $7,500.00 LCYWaste2018047172 212/2018 21932018 23912016 GLPD Amiii°Sewer Sandy backup C 831312018 Owens $87,264A1 2/1212018 21912018 23912018 GLPD CarolLCYWaste2018047172 Pierson Sewer backup G 8313/23318 Owens $1325.00 LCYWaste2018047790 £1612948 6/612018 5/2912018 GLPD Wild, Vera Sewer backup C 73212018 Whetstone $50.00 8/11/2018 5/2.4/2018 5/24,2018 GLPD SuareLCYWaste2018047819 Z Jose Sewer backup C 7324/2018 Whetstone $997.30 5 Sum: $104,150.71 Department Name Yakima Water&irrigation Division Claim Number LCYWater24180480tO 1 warm Event Date s Date of Type Claimant Reported Claim. EventDate Code Full Name 7/19/2018 7/18/2018 7/1812018 ALPO Mitchell, Debbie Event Description insured backed irito fence Lamm Status Date Adjuster SetUernent Code C Closets Last Name Amount 8124,2018 Owens Sum: $846.28- 1 84628 $846.2$ 20 Grand Total $113,149.581 WSTIP CLOSED CLAIMS 07/01/2018 TO 09/30/2018 Yakima Transit Closed Claims - 07/01/2018 - 09/30/2018 Claim/Event Number Event Date Date of Claim Claimant Dept. Location Type Status Description Date Closed Total Paid To Claimant By WSTIP Outcome 18-013607 6/7/2018 6/22/2018 Mitzel, Kenneth 28PT 1010 S. 22nd Ave. ALBI C Paratransit client fell from wheelchair while on vehicle ramp 9/11/2018 $50.00 Settled 17-009688-2 10/17/2017 10/24/2017 Peppers, Brenda 28PT W. Nob Hill Blvd. and S. 26th Ave. ALBI C Paratransit vehicle turned in front of another vehicle. Claimant was a passenger in the paratransit vehicle. 9/26/2018 $3,500.00 Settled 17-005691 02/03/2017 03/23/2017 Robles, Rebecca 28FR N. 40th Ave. and Summitview Ave. ALBI C City bus clipped the back end of claimant's vehicle while claimant was turning 09/30/2018 $10,000.00 Settled 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 Dept. column) 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.