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Home My WebLink About08/02/2011 11 2nd Quarter 2011 Claim Report BUSINESS OF THE CITY COUNCIL ® YAKIMA, WASHINGTON AGENDA STATEMENT 11 Item No. For Meeting Of August 2, 2011 ITEM TITLE: 2nd Quarter 2011 Claim. Report and Resolution authorizing and approving 2nd Quarter 2011 claims activity SUBMITTED BY: Legal Department and Finance Department CONTACT PERSON/TELEPHONE: Helen A. Harvey, Senior Assistant City Attorney, 575 -6030 Rita DeBord, Finance Director, 575 -6070 SUMMARY EXPLANATION: The purpose of this report is to provide information on claims closed or made against the City of Yakima that were closed during the 2nd Quarter 2011. The claims listed in this report were resolved and settled pursuant to the City Council's annual Resolution authorizing the City Manager to settle claims against or by the City in an amount of $100,000 or less. The payment amounts listed on the CIAW reports show the amount paid by the City of Yakima toward the settlement which was within the City's $100,000 insurance deductible. The amounts listed on the CIAW reports do not include the insurance company's contribution to the settlement, if any. Resolution No. R- 2010 -122 providing authorization for the City ® Manager to settle claims was adopted by the City Council on November 2, 2010, and the prior Resolution No. R- 2009 -141 was adopted on October 20, 2009. The report includes information for the second quarter 2011: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 2nd Quarter 2011; (4) WSTIP closed claims for the 2nd Quarter 2011; and (5) Zaremba closed claims report for 4/1/2011 to 6/30/2011. The CIAW and WSTIP loss run of open and closed claims for the 2 quarter 2011 period of 4/1/2011 — 6/30/2011 is on file in the City Clerk's office. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 2 quarter of 2011 as disclosed in the reports. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: 0,,,, City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: 40 COUNCIL ACTION: 0 RESOLUTION NO. R- 2011 - A RESOLUTION accepting and approving the 2nd Quarter 2011 Claims Reports 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 in the Cities Insurance Association of Washington ( "CIAW ") for most claims, effective December 14, 2005, with a $100,000 deductible; and WHEREAS, the Transit Division is in the Washington State Transit Insurance Pool - ( "WSTIP ") for Transit claims, effective September 1, 2005; 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 $100,000 or less; and WHEREAS, the attached Claims Reports contain information on and the disposition of the various claims submitted to the City of Yakima along with the amount paid by the City of Yakima toward the settlement which was within the City's $100,000 Insurance deductible, and do 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: 41) The attached 2nd Quarter 2011 Claims Reports, together with all payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this day of August, 2011. Micah Cawley, Mayor ATTEST: City Clerk CITY OF YAKIMA 2 °a Quarter Claim Report 2011 • CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 04/01/2011 TO 06/30/2011 0 City of Yakima CIAW.Closed Claims Summary by Type of Claim Second Quarter 2011 110 April 1, 2011 through June 30, 2011 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 6 Total Dollars Paid: $8,713.21 Employment Practices Liability (EPL) Total Number of Claims: 2 Total Dollars Paid: $36,707.38 General Liability - Bodily Injury (GLBI) Total Number of Claims: 4 Total Dollars Paid: $10,314.00 General Liability - Property Damage (GLPD) Total Number of Claims: 16 Total Dollars Paid: $1,772.77 Law Enforcement (LE) Total Number of Claims: 0 4 4 110 Total Dollars Paid: $250.00 TOTAL NUMBER OF CLAIMS: 32 TOTAL DOLLARS PAID: $57,757.36 CIAW CLAIMS SUMMARY BY DEPARTMENT 04/01/2011 TO 06/30/2011 • City of Yakima CIAW Closed Claims Summary by Department Second Quarter 2011 April 1, 2011 through June 30, 2011 Department /Division Closed Total Paid Animal Control Division 1 $0.00 Codes Division 2 $0.00 Community & Economic Development 0 $0.00 Department Engineering Division 1 $0.00 Finance Department 0 $0.00 Fire Department 0 $0.00 Department of General Administration 0 $0.00 Parks and Recreation Division 2 $0.00 Parking Enformcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 12 $39,300.02 Public Works Department 0 $0.00 Refuse Division 2 $5,629.69 Streets Division 6 $12,536.73 Wastewater Division 2 $0.00 Water /Irrigation Division 4 $290.92 Unallocated by Department 0 $0.00 TOTAL: 32 $57,757.36 • CIAW CLOSED CLAIMS 04/01/2011 TO 06/30/2011 airs Insurance ssocaloo of%%Mi ton City of Yakima Closed 4/1/2011- 6/30/2011 Claim Department . Event Date . Date of Event Cl aimant Claim Cl NL Date Adjuster Settlement, Name Reported ' Claim Date TYpe Des 5000 C -at' Status Cade Ful{ Name Closed Last Name Amount Code Engineering LCYEng12009030904 12/2/2010 12/2/2010 3/112009 GLPD Gardner, Doug Claimants shrub damaged C 4/15/2011 Sve6ch Division $0.00 • Engineering 1 Division ■■ Sum: $0.00 Department Event Date Date of Ev Claim 'claimant Claim Claim Number Date Adjuster Settlement Name Reported Claim Date Type Desc 5000 Chars Status Adjuster Code Full N ame Code Closed Last Name Amount Parks & Recreation AC.YPadc2009030726 11/8/2010 11/8/2010 6130/2009 Gam Claimant slipped on wet floor C 5/25/2011 thiidinger $0.00 Division Deland LCYStree2011032300 4/21/2011 4/21/2011 3128/2011 ALPD Walsh, Daniel Vandalism to car in parking lot C 6/15/2011 Svetich $0.00 Parks & Recreation 2 Sum: $0.00 Division Department Claim Claim Date Adjuster Settlement P Event Date of Event Claiman# Claim Number 1 Name Reported Claim Date rt " Type Full Desc 5000 Chars Status se - ll Na Closed Last Name Amount Code - _ _._._... ..._._, a .... -.... Claimant is alleging that he is Police Department ACYPD2006026364 1/5/2009 1/5/2009 8/1/2006 Light, Rodney being discriminated against at C 5/1812011 Andrus $36,707.38 work ACYPD2009026750 2/13 /2009 2/13/2009 2 /13/2009 EPL Andrews, Discrimination C 5/18/2011 Andrus $0.00 Stacey ill_ III 0 0 0 0 r ACYPD2009029950 6/28/2010 6/28/2010 11/28/2009 LE Mandi, Devon Towing bill' issue C 5/19/2011 Earl $0.00 ACYPD2009030504 10/8/2010 10/8/2010 8/21/2009 LE Scott, David Claimant issued citation C 5/19/2011 Earl $0.00 • ACYPD2010030530 10/12/2010 10/12/2010 11/13/2009 GLPD Wyckoff, Claimants gate broke C 4/4/2011 Svetich William $D.00 ACYPD2010030587A 10/20/2010 10/20/2010 9/7/2010 LE Tahat, Sundus Alleged police harassment C 6/22/2011 Earl $0.00 ACYPD2010030712 11/4/2010 11/4/2010 10/16/2010 LE Hamlin, Insured distroyed Carmen property C 5/2/2011 Svetich $250.00 Insured vehicle backed into other ACYPD2010030714 11/4/2010 11/4/2010 10/28/2010 ALPD M$50833 cGuire, Melvin C 4/13/2011 Riche - vehicle Rodriguez, 'ACYPD2010031129 1/4/2011 1/4/2011 12/28/2010 ALPD Everado N hit OV C 5/31/2011 Lybbert $1,834.31 • Insured gave claimants property $0.00 ACYPD2010031808 2/22/2011 2/22/2011 10/14/2010 GLPD Jones, Kent C 5/19/2011 Earl away. ACYPD2010031916 . 3/3/2011 3/3/2011 9/11/2010 GLBI Harris, Robert Claimant slipped and fell C 6/10/2011 Earl $0.00 ACYPD2011031881 3/1/2011 3/1/2011 2/25/2011 GLBI Paxton, Annette Claimant shocked by security C 4/25/2011 Andrus $0.00 Police artment 12 Sum: $39,300.02 Department D artment. -. E ClE Claim e p Event , Date. of Event- - Claia Date Adjuster Settlement Cl Number T - Desc 5000 Chars Stas .Full Nam Code Closed Last Name Amount f- • Scenic Ridge Refuse Division ACYRelu2010031015 12/14/2010 12/14/2010 11/22/2010 ALPD Homeowners IV slid into Tight pole C 6/7/2011 Lybberi $2,697.43 Association ACYRefu2011031456 1/20/2011 1/20/2011 1/13/2011 ALPD Mendoza, Refuge trucks arm hit other C 5/20/2011 Riche' $2,932.26 Margarita vehicle • II . I Refuse + f Division 2 i I l ISUtn: $5,629.69 1 I I Department Event Date Date of ^ Event alp .. Ciairnant Name Claim Number 5000 Chars t .Reporters Claim Date Type Desc 000 Ch rs Stat s ' � Se I ' Code° Full Dame . • osed Lass Name Atnou Code Streets DivI510n AGYStree2009028446B 11/5/2009 6/9/2010 9/5/2009 GLPD Benesh, Robert Clmnt had accident due to streetlight malfunction C 4/4/2011 Correll Moo ACYStree2010030584 10/19/2010 10/19/2010 9/17/2010 GLBI Bedlack, Claimant tripped on uneven Justine sidewalk C 5/18/2011 Boruff $10.314.00 ACYSiree2010031110 1/3/2011 1/3/2011 12/12/2010 GLPD Mabry. Timothy Damage to claimants snow plow C 5/2/2011 Riche $161.61 ACYStree2010031133 1/5/2011 1/5/2011 12/24/2010 ALPD Pacific Power- Insured vehicle hit pole C 5/2/2011 Correll Yakima $74088 1/11 /2011 12/26/2010 GLPD Shogren, Claimant damaged in chuck ACYStree2010031195A 1/11/2011 Gregory hole. C 5/2/2011 Correll $248.00 ACYStree2010031196B 1/11/2011 1/27/2011 12/26/2010 GLPD Lambert, Donda Claimant damaged lire in chuck C 5/2/2011 Correll hole. $1,07224 Streets Division 6 -� Sum: $12,536.73 Claim Claim Department Event Date Date of Event Claimant Date Adjuster Settlement Name Claim Number Type Desc 500° Chars Status 1 Reported Claim Date Full ll Nam Closed Last Name Amount Code Wastewater ACYWaste2010030938 12/7/2010 12/7/2010 9/1/2010 GLPD Ilion, Jack Sewer backup C 6/29/2011 Svetich Division $0.00 ACYWaste2011031764 2/16 /2011 " 2/16/2011 2/8/2011 GLPD Howerton, Dave Sewer back up C 4/13/2011 Svetich $0.00 Wastewater Division 2 - -� Sum: $0.00 III 0 d 4111 0 0 Department Event Date Date of Event laim Claimant . Cl C Claim Number : Type . De sc 5000 Ch Status. Date Adjuster Settlement Name Reported. Claim Date d — F tl ll _ iV ati7 8 ode Closed - Last - Name _Amount Water &Irrigation ACYWater2008030738 11/8/2010 11/8/2010 11/3 /2008 GLPD GaAlas, Jose Claimants foundation breaking C 6/29/2011 Svetich Division $0.00 Cascade Insured's backhoe hit gas line ACYWate2009029643 5/14/2010 5/14/2010 11/2/2009 GLPD Natural Gas C 5/2/2011 Svetich $90.92 Corp during excavation ACYWater2010030923 11/22/2010 11/22/2010 11/18/2010 GLPD Godinez, Vince Water damage C 5/2/2011 Svetich $200.00' LCYWater2011032103 3/25/2011 3/25/2011 1/14/2011 GLPD Henry, e Cimt fence was destroyed b �'' C 4/14/2011 Svetich $0.00 excavator Water & Irrigation 4 Sum: $290.92 Division A Claim Claim Department Event Date Date of Date Adjuster Settle Event Claimant Claim Numb Reported Claim Date Type Desc 5000 Chars Sta tus Code Full Name Code Closed Last Name Amount Yakima Animal ACYAnim2010031714 2/10/2011 2/10/2011 8/23/2010 GLPD O'Neal, Jim Claimants door damaged by C 6/14/2011 Riche $0.00 Control Division insured Yakima Animal .l Sum: $0.00 Control II - • • 1 D epartment . Ciaim C laim Event !]ate Date of Event Claimant Date Adjuster Settlement ClaimNumber Ty p e. Desc 5000 Chars Status p Code F Nam Code Closed Last'Naind Amount Name: _ _ . Reported Claim Date Yakima Code Administration ACYCode2009028339A 10/20/2009 10/20/2009 9/26/2009 GLPD Santiago's Loss of electrical power to C 5/19/2011 Earl $0.00 Division operate business ACYCode20090283398 10/20/2009 1/5/2010 9/26/2009 GLPD Fairfield Inn by Loss of electrical power to C 5/19/2011 Earl Marriott operate business $0.00 Yakima Code Administratio 2 Sum: $0.0 n Division (Count: 321 1 1 1 J 1 1 Sum:1 57,757.361 411 WSTIP CLOSED CLAIMS 04/01/2011 TO 06/30/2011 0 City of Yakima Closed WSTIP Claims April 1, 2011 June 30, 2011 Graim Nurnber �E'vettt.Date< - =, _ ._ _ A w x Type Status Description Date of Date Closed Total Paid Outcome ALPD28PT2011027507 4/19/2011 Brule, Les ALPD C Collision wNehicle 4/29/2011 5/9/2011 $982 Settled ALC28PT2011027368 3/25/2011 Van Epps, Shannon ALC C Collision wNehicle 3/28/2011 5/20/2011 $0 Closed No Pay ABI28PT2011027592 5/5/2011 Salazar Dion, Alfredo ABI C Collision wNehicle 5/24/2011 5/24/2011 Denied AB128PT2010027701 10/18/2010 Hemmert- Crook, Rebecca ABI C Passenger Injury 6/16/2011 6/20/2011 $0 Closed No Pay ABI28PT2010027285 10/18/2010 El Massmoudi, Shelly ABI C Passenger Injury 3/7/2011 6/21/2011 $4,805 Settled The City of Yakima WSTIP Transit Insurance has a $0 deductible on its WSTIP insurance, so the amounts paid were paid by WSTIP, not the City. Yakima Paratransit claims involved A -1 Tri -City Taxi, Inc., which is the contractor for the City for ADA Paratransit Service. II) ® s • ZAREMBA CLOSED CLAIMS 04/01/2011 TO 06/30/2011 • CITY OF YAKIMA Listing of Closed Claims For period from 4/1/2011 to 6/30/2011 File / Paid Date of Loss Claimant / Description ToDate Type Closed CTY24113 HOLSCLAW, JANNI & WALTER $100,000.00 GL 4/14/2011 9/24/2004 CLAIMANT TRIPPED AND FELL ON SIDEWALK. SEE HOLSCLAW V. CITY, CAUSE NO 07 -2- 02225 -1 ORDER OF DISMISSAL ENTERED ON 9-8 -10 CTY26066 TAPIA, MARY $27,000.00 AP 4/14/2011 7/8/2006 CLAIMANTS VEHICLE WAS ALLEGEDLY HIT BY YPD VEHICLE IN INTERSECTION. SEE TAPIA V. CITY, CAUSE NO. 09 -2- 02502 -8. ORDER OF DISMISSAL ENTERED ON 10 -21 -10 CTY26114 PLEASANT, PHILLIP $0.00 GL 4/14/2011 4/2/2002 CITY ALLEGEDLY FILED FALSE SUIT IN ERROR AGAINST PLEASANT CONTRACTING SERVICE. SEE PLEASANT V. CITY, CAUSE NO. CV -07- 3080 -LRS. NINTH CIRCUIT DECISION FINAL ON 10-6 -10 AND MANDATE AND JUDGEMENT IN FAVOR OF CITY ON 1 -26-11 CTY24135 POWELL, TONGSUK $25,000.00 GL 5/6/2011 11/2/2004 CLAIMANT ALLEGEDLY INJURED ON CITY TRANSIT BUS WHEN CLAIMANT FELL AGAINST POLE. SEE POWELL V. CITY, CAUSE NO. 07- 2- 01959 -5. STIPULATION AND ORDER OF DISMISSAL CTY26106 SHAFER, ONIETA $60,000.00 GL 5/6/2011 1/5/2006 CLAIMANT ALLEGEDLY TRIPPED ON SIDEWALK. SEE SHAFER V. CITY, CAUSE NO. 08- 2- 04912 -3 STIPULATION AND ORDER OF DISMISSAL ENTERED ON 4 -21 -11 Total of Closed Claims Paid S212,000.00 Total Number of Closed Claims 5 Compiled on 7/26/2011 from the records of ZAREMBA CLAIMS SERVICE, INC. Page 1