HomeMy WebLinkAboutR-2011-123 2nd Quarter 2011 Claim Report RESOLUTION NO. R- 2011 -123
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:
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 2 day of August, 2011.
7/21 (
Micah Cawl , Mayor
ATTEST:
.11, •
City Clerk
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CITY OF YAKIMA
2" Quarter Claim Report
2011
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CIAW CLAIMS SUMMARY
BY TYPE OF CLAIM
04/01/2011 TO 06/30/2011
•
City of Yakima
CIAW Closed Claims Summary by Type of Claim
Second Quarter 2011
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: 4
•
Total Dollars Paid: $250.00
TOTAL NUMBER OF CLAIMS: 32
TOTAL DOLLARS PAID: $57,757.36
• cR, pGyV
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
111111
CIAW CLOSED CLAIMS
04/01/2011 TO 06/30/2011
•
•
. .
Chin Insumnct Associalloo of WeshIngton
City of Yakima Closed 411/2011-6/30/2011
,
Department Claim . ' ' Event Date Date of Event T Claim ype Claim Status
Date Adjuster Settlement '
Desc 5000 Chars .
N ame . Y aim Numl .. . Reported Claim 'Date ' ype Full Name Code Closed Last Name Amount
•
Engineering
LCYEngi2009030904 ' 12/2/2010 12/2/2010 3/1/2009 GLPD Gardner, Doug Claimants shrub damaged C 4/15/2011 Svetich $0.00
DiviSion
Engineering III •
"I Sum: $0.00
Division
Claimant
Department Claim Number Event Dale Date of Event
Claim Claim
Type Deco 5000 Chars Status Date Adjuster Settlement
Name Reported Claim Date Code Code Full Name Closed Last Name Amount
Parks &
Gra
Recreation ACYP5rk2009030726 11/8/2010 11/6/2010 6/3= ha, 09 GLBI oaiand Claimant slipped on wet floor C 5/25/2011 Guidinger $0.00
Division
LCYStree2011032300 4/21/2011 4/21/2011 3/26/2011 ALPD Walsh, Daniel Vandalism to car in parking lot C 6/15/2011 Svelich $0.00
Parks &
Recreation 2 , Sum: $0.00
Division . • .
. I I i
-
Department Event Date Date of Ev Claim Claim ent Claimant Date Adjuster Settlement
Claim Number Type Desc 5000 Chats Status
Name Reported Claim Date • Full Name . c ode Closed Last Name Amount
Code •
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 5/18/2011 Andrus $36,707.38
work.
II
ACYPD2009026750 2/13/2009 2/13/2009 2/13/2009 Andrews, Discrimination C 5/18/2011 Andrus $0.00
Stacey
11111
• .
ill_
• • •
..
ACYPD2009029950 6/28/2010 6/28/2010 11/28/2009 LE Mandi, Devon Towing bilt 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 4/4/20i 1 Svetich
William $0.00
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,
Carmen Insured distroyed property C 5/2/2011 Svetich $250,00
•
ACYPD2010030714 11/4/2010 11/4/2010 10/28/2010 ALPD McGuire, Melvin Insured vehicle backed into other
vehicle C 4/13/2011 Riche $508 .33
• ACYPD2010031129 1/4/2011 1/4/2011 12/28/2010 ALPD Rodriguez, IV hit OV C 5/31/2011 Lybbert $1,834.31
Everado
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\•
ACYPD2010031808 2/22/2011 2/22/2011 10/14/2010 GLPD Jones, Kent Insured gave claimants property C 5/19/2011 Cad
away. $0.00
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 Anders $0.00
Police
Department 12 Sum: $39,300.02
Claim
Department . , esc
• Type . Event Date • Date of Event Claimant Claim Date Adjuster Settlement
Name Claim Number _ 6 0
= __-- _— ._.- _.....__ Reported claim Date Code Full Name D 00 Chars Status • Closed Last Name Amount
_• -Code ...
Scenic Ridge
Refuse Division ACYRefu2010031015 12/14/2010 12/14/2010 11/22/2010 ALPD Homeowners IV slid into light 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
•
•
t .
(Refuse
(Division 21 I I f I I I I $5,629.691
( !
Department Event Date Date of Event T atm . Cla imant
Claim Nu Cl
Name Type Desc 5000 Chars - Status : Adjuster Settlement
: . Reported Claim Date
Code F Last ,.. t
... Full name -. • Closed ame Amount
N
Code
Streets Division ACYStree2009028446B 11/5/2009 6/9!2010 9/5/2009 GLPD Benesh, Robert Clmnt had accident due to
C 4/4/2011 Correll $D;00
streetlight malfunction
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
ACYStree2010031110 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 $740.88
ACYStree20i0031196A 1/11/2011 1/11/2011 12/26/2010 GLPD Claimant damaged tire in chuck
Gregory hole. C 5/2/2011 Correll $248.00
ACYStree2010031196B 1/11/2011 1/27/2011 12/26/2010 GLPD Lambert, Donda Claimant damaged tire In chuck C 5/2/2011 Correll
hole. $1,072.24
Streets Division 6 ---■ .
Sum: $12,536.73
• Claim Claimant Department Event Date Date of Event imant Claim
Claim Number Type Date Adjuster Settlement
Name .
Reported Claim Data fP a Desc 5000 Chats Status
Cade ;1=L1f1 amp Code Closed Last Name Amount
Wastewater
Division ACYWaste2010030938 12/7/2010 1217/2010 9/1/2010 GLPD 1rion,Jack Sewer backup C 6/29/2011 Svetich $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 I I Sum: $0.00
III III • -
• e • .
Department EventDate n Claim Date ot. Evet Claimant. Claim
Name Claim Number - T 'm Date . Adjuster Settlement
Reported Claim. 'Date
. Type ." Desc 5000 Chars Status
. :
Code, Full Name Code Closed Last Name Amount
Water n Irrigation ACYWate2008034738 11/8/2010 11/8/2010 11/3/2008 GLPD Garfias, breaking 2
Jose Claimants foundation breakin C 6/13/
Division 6/29/2011 Svetich $0.00
Cascade
ACYWate2009029643 5/14/2010 5/14/2010 11/2/2009 GLPD Natural Gas Insured s backhoe hit gas tine C 5/2/2011 Svetich
during excavation
Corp $90.92
ACYWate2010030823 11/22/2010 11/22/2010 11/18/2010 GLPD Godinez, Vince Water damage C 5/2/2011 Svetich $200.00
LCYWate20t 1032f03 3/25/2011 3/25/2011 1/14/2011 GLPD Henry, oe Clmt fence was destroyed by
ry ' excavator C 4/14/2011 . Svetich $0.00
Water &
Irrigation 4
Sum: $290.92
Division A
Claim
Department Claim Number event Date Date of Event Claimant Clai Date Adjuster Settlement
. Name Reported Claim Date Code Full Nam Desc 5000 Chars Status Closed Last Name Amount
Code
Yakima Animal ACYAnim2010031714 2/10/2011 2/10/2011 8/23/2010 GLPD O'Neal, Jim Claimants door damaged by .
Control Division insured C 6/14/2011 Riche $0.00
Yakima
Animal
Control 1 Sum: $0.00
p . . .• .
Department . Claim Claim Date Ad
p Event Date Date of Event Claimant_
Claim Number Type Desc 5000 Chars Status Adjuster Settlement
Name Reported Claim Date C an e Full Name code Closed Last Name Amount
Yakima Code
Administration ACYCode2009028339A 10/20/2009 10/20/2009 9/26/2009 GLPD Santiago's Loss of electrical power to C 5/19/201.1 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 $0.00
Marriott operate business
Yakima Code
Administratio 2
Sum:
n Division $O.OE
!Count: 32( I I Sum:I 57,757.36
11110 ® s
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WSTIP CLOSED CLAIMS
04/01/2011 TO 06/30/2011
•
S.
City of Yakima Closed WSTIP Claims April 1, 2011 June 30, 2011
i Cfaim Number `,Evpnf Date l -. Clauiiant T e Status
, __. __. .._._: _._... � : -..� Description_- ' Date of Claim Date Closed Total Paid;:
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
ABI28PT2010027701 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.
111
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ZAREMBA CLOSED CLAIMS
04/01/2011 TO 06/30/2011
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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 N. 08- 2- 04912 -3
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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
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: