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Home My WebLink About01/15/2019 06F 4th Quarter 2018 Claim Report 1 to\'4\lyy tbxk ik 1 + PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.F. For Meeting of: January 15, 2019 ITEM TITLE: Resolution authorizing and approving 4th Quarter 2018 claims activity SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney Steve Groom, Director of Finance & Budget SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 4th 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-2018-125 was adopted on November 6, 2018. All payment amounts listed on the CIAW report show the amount paid by the City of Yakima toward the settlement within the City's $99,000 or$100,000 insurance deductible. The City Council previously authorized settlement on two claims in the report by prior Resolutions. In the case of Roy Munoz v. City of Yakima, Yakima County Superior Court Case No. 14-2-02110-0, the City Council adopted Resolution No. R-2017-131 on November 7, 2017, which authorized settlement of the case for$175,000, which entire amount was paid by CIAW and the City's insurance carrier Munich Reinsurance. The City of Yakima paid no money toward the settlement since it had reached its deductible of$99,000. In the case of Ali Akbar and Juana M. Rezaie-Tirabadi, d/b/a Vida Home Gallery v. City of Yakima, Yakima County Superior Court Case No. 17-2-03831-39, which involved a water main break on East Yakima Avenue on October 25, 2014, the City Council adopted Resolution No. R-2018-057 on June 19, 2018, which authorized a final settlement payment of$214,000, which entire amount was paid by CIAW and the City's insurance carrier Munich Reinsurance because the City had reached its deductible with CIAW. The City of Yakima paid no money toward the final settlement payment of$214,000. Previous payments were made by the City to the claimants in the amount of $75,872.69. The total settlement amount on behalf of the City was $289,872.69, which included the previous payments by the City of $75,872.69. The report includes information for the fourth quarter 2018: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; and (3) CIAW closed claims for the 4th Quarter 2018. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 4th Quarter of 2018 as listed in the reports. 2 ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type L1 Resalut(on 1/712019 Resolution B Fourth quarter 2018 dams report 1/7/2019 Backup Material 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing and approving the 4'h 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 $99,000 or $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 4th Quarter 2018 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 15'h day of January, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 CITY Y F YAKIMA 4th Quarter Claim Report 2018 5 CIAW CLAIMSSUMMARY BY TYPE OF CLAIM 10/01/2018 TO 12/31/2018 6 City of Yakima CIAW Closed Claims Summary by Type of Claim Fourth Quarter 2018 October 1, 2018 through December 31, 2018 Auto Bodily Injury (ABI) Total Number of Claims: 0 Total Dollars Paid: $0.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 5 Total Dollars Paid: $9,621,16 Employment Practices Liability (EPL) Total Number of Claims: 0 Total Dollars Paid: $0,00 General Liability- Bodily Injury(GLBI) Total Number of Claims: 1 Total Dollars Paid: $0.00 General Liability Property Damage (GLPD) Total Number of Claims: 19 Total Dollars Paid: $157,486.80 Law Enforcement (LE) Total Number of Claims: 4 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 4 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 33 TOTAL DOLLARS PAID: $167,107.96 7 CIAW CLAIMS SUMMARY BY DEPA ° T :ENT 10/01/2018 TO 12/31/2018 8 City of Yakima CIAW Closed Claims Summary by Department Fourth Quarter 2018 October 1, 2018 through December 31, 2018 Department/Division Closed Total Paid Animal Control Division 0 $0,00 Codes Division 1 $0.00 Community Development Department 0 $0,00 Engineering Division 0 $0.00 Fire Department 2 $0,00 General Administration 1 $0.00 Other 1 $756.00 Parks and Recreation Division 0 $0.00 Planning Division 2 $0.00 Police Department 6 $3,516.97 Public Works Department 0 $0.00 Refuse Division 2 $5,348.19 Streets Division 9 $29,626.96 Wastewater Division 3 $25,791,37 Water/Irrigation Division 6 $102,068.47 Utility Services Division 0 $0.00 TOTAL: 33 $167,107.96 9 CIAW CLOSED CLAIMS 10/01/2018 TO 12/31/2018 City of Yakima Closed Loss Run 1011/2O1 B to 12/31/2018 as of 1/212019 „ii,i.b!, Aw 'ADM i.rarm Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Claim Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Code Administ a[ion LCYCode2011034470 213/2012 2/372012 6/30/2011 : WA 'kfuncaz,Ray,Allegedlermirration x7ongtul C 1 1/2 0/220 1 8 Belcher $0_00 1 Sum:' $0.00 ulatm calm j Event Date Date of Type Claimant Status Date Adjuster Settlement i Department Name Claim Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount • reserve j Yakima Department of General LCYGA2018047460 415201 B 4/4/2018 3161201 B . WA ,•Downtown Declaratory injunctive C 12/12/2018 Wiersma $0.09 Administration Relief Farkinn 1 I Sum: $0.00 14.1a3m alarm Event Date Date of Type Claimant Status Data Adjuster Settlement Department flame C lalm Number Reported Claim Event Date Code Full Name Event Description ' Code Closed Last Name Amount Yakima Fire Department LCYFDD2D18048148 8/16/2018 8/16i2016 811I/2018_ GLPD•Brandon Water damage C 12/122018`Whetstone : $0.00 LCYFDD20180443148 6/16/2018 811612018 8111/2018 GLPD Nails,Dan Water damage G 1 2/1 2120 1 8 Whetstone $0.00 2 i Sum: $0.00 3 t..alm lda,m Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Claim Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Other LCYOthe2018048312 9120/2018 9/201201 a 3/29/2018 ALPO Econo Insured vehicle backed C t 12/13/2018,Owens $756.00 Lodge into claimant's doors 1i Sum: $756.00 c.ralm 43aIm Event Date Date of Type Claimant Status Dale Adjuster Settlement Department Name Claim Number Reported Claim Event Dale Code Full Name Event Description Code Closed Last Name Amount 'a ma Yakima Planning Division LCYPIerr2014042449 V21t2015 9/1812015 1012212014 WA Neighborho Land issue C 12/13/2018 Wiersma ° $0.00 rr1 Hwalrh _ LCYPIen2018047333 3/1 3201 8 2/20E2013 2/20r2018 WA Nathe,Lynn Land issue C 10/1/2018 :Wiersma $0.00 2 E Sum: $0,00 LIarm l.larm Event Dale Dale of Type Claimant Status Date Adjuster Settlement Department flame Claim Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Police Department LCYPD2010037146 211112013 2/11/2013 2/11/2010 LE Bradford. Alleged civil rights C 12/13/2018=Schafer $0_00 Ted violation Sfvort, lUaimant's properly ncl C LE LCYPD2017047216 2/21/2018 2/21/2018 112/2017 12/13/201BI Whetstone $0.00 Brenton returned Hutsell, Properly not returned to LCYP02016048292 9/1812013 Bfl 8/2018 I/15/201B LE DeKna claimant C - 11/12/201B Schafer $C 00 Rodrez, LCYPD2018048412 10/3 oryn igu Insured vehicle till /201B i ie 101312010 ALPD C 12/12/2013 McWithams $2.341.38 I Ashley claimant%vehicle t. • LCYPD2018047399 3/212018 - 3/2312018 3/2/2018 LE Efird,Sarah Lost wallet C 10/2/2015 Whetstone S0.00 . , Vafencia Insured vehicle rear- LCYPD2018040471A 10T1 70010 10/12/201B 10/1212018 ALPD " C 12/202018 McWaliams $1,175.59 Yoana ended claimant 5 Sum: $3,545.97 — . Event Date Date ol Type Claimant Status Date Adjuster Settlement Department Name -'ii I be ---tt•1:-• I in v- 1 Ilk-(- .• F I IN • e t 4 11 i Uri •.- r, — - •ill$ .I . n ' 11,..... la .p., -• Insured knocked down Yakima Refuse Division LCYRek2010047465 7/10/2018 . 7/9/2018 7/4/201B ALPD Country light standard C 12/12/2018 Cenrell 54,258.91 ciiin Fowler, Garbage truck hit LCYRefu201804819B 8128/2018 8/14/2018 6114/201B ALPD C 11/2712018 McWidams $1,089,28 Ronald claimant's fence 2 : Sum: $5.348.19. t.taim Loa,m Event Date Date of Typo Claimant Status Date Adjuster Settlement I 1 Department 1431711) Claim tiumloor Reported Claim Event Date Code Full flame Event Description Code Closed Last Name Amount Yakima Streets Division LCYStree2018047350 3/19/2013 3/15/2018 3/15/2018 GLPD ICardenas, Claimant hit pothole C 10r2/2016 Ovens $0.00 ,Antonio Gaudette, Damage to residence LCYStree2018047609 5/412018 4/2/2018 413/2013 GLPD- C 10/10,2010 Whetstone $'3,943.85 John fram alley work . , , .. Dwyer, Claimant hit giry wire with ICYStree2018047908 5/25/2010 6/130015 6/13/2018 GLBI C 1103/2018 Schafer $0.00 Mikhail Ink e Green, LCYStree2016018252 0/11/2010 9162018 9/8/2018 GLPD Claimant hit pothole C 101212018 Owens $1.087.34 Tiffany Pescador, LCYStree2018048397 1CM2618 10/3/2016 SP14/20/8 GLPD DV hit pothofe C 11/27/2018 WWII-rams $293.37 Mchela , LCYStree2018018445 10/11126113 10/11/2018 4/17/2018 GLPD Claimant hit pothole • C 11/1912010 Owens $432.62 Kathryn Shockley, LCYSIree2018048500 10/2312018 1D/12/2618 101112/2018 GLPD Clalmant hit pothole C iiiivenia Owens $636.49 Westey • Caslanecla- LCYStree20150413675 11/2B/2018 11120/2018 10/23/2018 GLPD Claimant hit pothole C 12/17/2058 Owens $1,557,56 Diaz,Isabel To•gether LCYRefu2018047973 7/11/2018 6/23/2018 6/212018 GLPD Front bader hit Fight pole C 1012/2318 Whetstone 515.645.72 Church 9 Sum: 520,625.96 1.431M L•la Iril Event Date Dale of Typo Claimant Status Date Adjuster Settlement Department Name Claim Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount 1 ', ! YakiMa Wastewater Dsion LCYWaste2(NSO46243 811712017 811712017 71112015 OLP() 13eauchene„ Water damage from DID 11/19/2018 Whetstone $24,911,09 !Turn Nee LCYWas M2017048262 9111/2018 911112018 7/1712017 GLPD "oar' Water damage C 111151201S Whetstone SIM Lott LCYWaste2016046253 0111,12018 971012018 914/2016 GLPD Sewer backup C 1111212015 Whetstone $66028 Meagan 3 Sum:- 126,791.37, Laalill Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Claim Number Reported Claim Event Data Code Full Name Event Description Coda Closed Last Name Amount Yakfma Water Irrigation Reza3e ,-LCYWater2014040931 102712014 1012712014 1012512014 GLPD " Water damage C 1011012018 Whetstone S75.072.69 ()Casten Altar LCYWater2014040031 10/2772014 10/2712014, 1012512014 GLPD Arcend,Jar Water damage C 1 011912018 Whetstone 1136 00,00. „OEM LerAtater2014040931 10127/2014 10/27/2014 10025/2014 GLPD Water damage C 1011912018 Whetstone 541.00 Properties Valicaff LCYWater2018048268 9i17)2018 9117f2016 911212018 GLPD ' Water damage C 1011012018 Owens $1,23226 Ashlynn Water damage due to LDVAlas1e2017044563 1111)2017 111e/2017 111042017 GIR Lojano D ' flooding from water main C I 2114121118 Whetstone 50.00 Oscar marlcza tirlatr damage atm to LCYWa'4-M2047044963 imnou 1/17/2017 116312017 GLPD ' flooding from water main C 121141201 8 Whetstone 65,40360 Tomas break 6 Sum: $102.0 m AT 33 Grand Total:1 $167.107,961