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05/15/2012 04C 1st Quarter 2012 Claim Report .e . '4�. r .,d h i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT i e Item No. For Meeting of: May 15, 2012 ITEM TITLE: 1st Quarter 2012 Claim Report and Resolution authorizing and approving 1st Quarter 2012 claims activity SUBMITTED BY: Legal Department and Finance Department CONTACT Helen A. Harvey, Sr. Assistant City Attorney, 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 1st Quarter 2012. 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. 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 Resolution No. 2011 -166 was adopted on November 15, 2011. 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 report includes information for the first quarter 2012: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 1st Quarter 2012; and (4) WSTIP closed claims for the 1st Quarter 2012. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 1st quarter of 2012 as disclosed in the reports. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: C Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMIMISSION RECOMMENDATION: ATTACHMENTS: Click to download El A Resolution accepting and approving the 1st Quarter 2012 Claims Reports for the City of Yakima. El City of Yakima 1st Quarter Claim Report 2012 RESOLUTION NO. R -2012- A RESOLUTION accepting and approving the 1st Quarter 2012 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 1st Quarter 2012 Claims Reports, together with all payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this day of May, 2012. Micah Cawley, Mayor ATTEST: City Clerk CITY OF YAKIMA 1st Quarter Claim Report 2012 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 01/01/2012 TO 03/31/2012 City of Yakima CIAW Closed Claims Summary by Type of Claim First Quarter 2012 January 1, 2012 through March 31, 2012 Auto Bodily Injury (ABI) Total Number of Claims: 0 Total Dollars Paid: $0.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 1 Total Dollars Paid: $371.78 Employment Practices Liability (EPL) Total Number of Claims: 0 Total Dollars Paid: $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 3 Total Dollars Paid: $9,000.00 General Liability - Property Damage (GLPD) Total Number of Claims: 14 Total Dollars Paid: $4,105.03 Law Enforcement (LE) Total Number of Claims: 8 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 0 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 26 TOTAL DOLLARS PAID: $13,476.81 CIAW CLAIMS SUMMARY BY DEPARTMENT 01/01/2012 TO 03/31/2012 City of Yakima CIAW Closed Claims Summary by Department First Quarter 2012 January 1, 2012 through March 31, 2012 Department /Division Closed Total Paid Animal Control Division 0 $0.00 Codes Division 0 $0.00 Community & Economic Development 0 $0.00 Department Engineering Division 2 $0.00 • Finance Department 0 $0.00 Fire Department 1 $0.00 Department of General Administration 0 $0.00 Parks and Recreation Division 0 $0.00 Parking Enformcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 9 $0.00 Public Works Department 0 $0.00 Refuse Division 0 $0.00 Streets Division 5 $8,000.00 Wastewater Division 6 $5,105.03 Water /Irrigation Division 3 $371.78 Unallocated by Department 0 $0.00 TOTAL: 26 $13,476.81 CIAW CLOSED CLAIMS 01/01/2012 TO 03/31/2012 City of Yakima Closed 1/112012- 03131/2012 • • 1 ,,,,.. „... .: _, 0,11, In�mola. A•.m^.iatfon or W n.h;noon }. I Claim . Claim t l Event Date. Date of Event Claimant Date Adjuster Settlement • Department Mine Claim Number Type Desc 5000 Chars. Status Reported Claim Date Code Full Name Code Closed Last Name 'Amount • Engineering Division LCYaki2011033453 • 9/26/2011 9/26/2011 7/12/2011 GLPD Vetasco, Pete Claimant's tires damaged C 3/20/2012 Svetich $0.00 Martin LCYEngi2011033730 10/27/2011 10/27/2011 10/12/2011 GLPD Harris, Joseph Tire damage G 1/4/2012 Riche $0.00 • Engineering Division 2 ---■ Sum: $0.00 Event Date. Date of Event - Ciatm Claimant - Claim • ` Date Adjuster ettlement Department Name Claim Number Type Desc 5000 Chars Status Reported • Claim Date ' ,Code; Full Name Code ,Closed Last Name_pmount i Fire Department LCYaki2011033037 7/21/2011 7/21/2011 6/30/2011 LE Carl, Richard Insured damaged claimant's C 1/11/2012 Earl $0.00 table Fire Department 1 ---�-. Sum: $0.00 1 I Event Date Date of Event Clatm imant Ciatm Date • Adjuster Settlement Department Na Claim Number • Type Cla Desc 5000 Chars ' Status i f Reported • Claim Date Code , Full Name Code • Closed Last Name Amount Police Department ACYPD2006021083C 10/23/2006 10/23/2006 10/22/2006 LE Ortega, Juan IV in pursuit OV caused accident C 3/16/2012 Andrus $0.00 ■ ACYPD2010031766 2/16/2011 2/16/2011 10/29/2010 GLPD Bell, James Insured broke claimant's door C 2/28/2012 Andrus $0.00 LCYPD2010032316A 4/25/2011 4/25/2011 3/1/2010 LE Hutchko Medical marijuana not returned C 2/6/2012 Andrus $0.00 Anthony LCYPD201003231613 4/25/2011 4/25/2011 3/1/2010 LE Camell, Darryl Medical marijuana not returned C 2/6/2012 Andrus $0.00 LCYPD2010032316C 4/25/2011 4/25/2011 3/1/2010 LE Womack, Medical marijuana not returned C 2/6/2012 Andrus $0.00 Jonathan LCYPD2010032316D 4/25/2011 4/25/2011 3/1/2010 LE Allen. Jermaine Medical marijuana not returned C 2/6/2012 Andrus $0.00 LCYPD2010032316E 4/25/2011 5/9/2011 3/1/2010 LE Munn'. Attiyyah Medical manjuana not returned C 2/6/2012 Andrus $0.00 Dollarhvde- LCY °D207 CO32316r 4/25/2011 5/11/2011 3/1/2010 LE Munir, Julie Medical marijuana not returned C 2/6/2012 Andrus $0.00 LCYPD2011032042 3/18/2011 3/18/2011 3/8/2011 GLPD Cardenas, Amy Insured damaged claimant's C 2/28/2012 Andrus $0.00 residence Police Department 9 Sum: $0.00 • 'I Event Date • Date of Event Claim "Claimant Claim Date Adjuster Settlemerit Department Nerle. Claim Number Type ., Desc 5000 Chars _ Status i • i . Reported . Claim .Date Code , Full N a m e C ade Cl osed Last Name Amount Streets Division ACYStree2010030707 11/4/2010 11/4/2010 - 9/3/2010 GLBI 5anchez • Claimant fell on sidewalk C 2/7/2012 Mejia $8.000.00 Marceline ACYStree2010030875 11/30/2010 11/30/2010 6/27/2010 GLPD The Hartford Clmnt couldn't see around tree- C 2/10/2012 Svetich $0.00 Insurance was in accident ACYStree2011031534 1/26/2011 1/26/2011 1/26/2011 GLPD Wininger, Kyle Claimants tire damaged C 2/7/2012 Svetich $0.00 LCYStree2011032397 5/3/2011 5/3/2011 4/30/2011 GLPD Gomez, Aubdiel Claimant hit manhole cover C 2/16/2012 Svetich $0.00 LCYStree2011032605 6/16/2011 6/16/2011 6/2/2011 GLPD Pinon. Dario Claimants vehicle hit with debns C 2/16/2012 Svetich $0.00 Streets Division 5 Sum: $8,000.00 Claim maim `: - E vent_Date Date'of Event C Date Adjuster S�ettiement. Dep Name! Claim Number Type Desc 5000:Chars ',Status 1 Reported Claim Date Cod Full Name Code Closed Last Name Amount Wastewater Division ACYStree2007028969 - 1/26/2010 1/26/2010 5/4/2007 GLBI Buitenbos, Claimant tripped and tell C 3/20/2012 Boruff $1,000.00 Nancy ACYWaste2010030231 8/25/2010 8/25/2010 8/4/2010 GLPD Hill, Warren Sewer backup C 3/6/2012 Svetich $0.00 ACYWaste2011031806 2/22/2011 2/22/2011 2/1/2011 GLPD Profiles Hair Sewer backup C 3/27/2012 Svetich $0.00 Studio LCYWaste2011032309 4/21/2011 4/21/2011 4/10/2011 GLPD Reich, Ernest Sewer backup C 3/14/2012 Svetich $0.00 LCYWaste2011033421 9/22/2011 9/22/2011 9/6/2011 GLPD Holmes, Lisa Damaged sewer line C 1/24/2012 Svetich $0.00 LCYWaste2011033622 1011312011 10/13/2011 10/1/2011 GLPD Fisher, Timothy Sewer back up C 1/30/2012 Svetich $4,105.03 Wastewater Division 6 Sum: ll $5,105.03 E vent Date Date of Event Claim Claimant ¢lafm D Adjuster Settlement '. Oepartment,NaTe Claim Number Type . Desc 5000 Chars • Status Reported Claim Date Code ' Fu N ame ; C ode - Closed Last Name (Amount Water & Irrigation Division ACYWater2010029557 5/4/2010 5/4/2010 4/27/2010 GLPD Williams, Lester Sewer backup G 2/10/2012 Svetich $0.00 LGYStree2011033298 9/6/2011 9/7/2011 8/31/2011 ALPD Brulotte OV ran over manhole & G 1/30/2012 Svetich $371.78 Celeste damaged car LCYWater2010033470 9/27/2011 9/27/2011 1/19/2010 GLBI Cardenas, Julie Claimant fell into manhole G 2/23/2012 Earl $0.00 Water & Irrigation Division 3 Sum: $371.78 Count: 1 261 1 1 I 1 1 J 1 Sum:` 13,476.811 WSTIP CLOSED CLAIMS 01/01/2012 TO 03/31/2012 Yakima Transit Closed Claims - 01/01/2012 - 03/31/2012 Claim Number Event Date .Date of Claim Claimant Location 'Type 'Status Description Date Closed 'Total Paid Outcome ALC28FR2011028090 9/26/2011 9/26/2011 Castilo, Antonio 12th and Washington ALC C Accident Involving Bike 3/20/2012 SO Closed No Pay ABI28FR2011028342 11/15/2011 12/7/2011 'Pepsi -Cola 2301 Fruitvale Blvd ABI C Collision wNehicle 1/30/2012 $0 C_ Closed No Pay ALPD28PT2012028643 1/31/2012 2/7/2012 Cardinal Health 2811 Tieton Drive ALPD C Collision wNehicle 3/30/2012 $3,588 Settled Smith - alias, until ALC28PT2011028343 11/17/2011 12/7/2011 ,known, Jessica 40th Ave /Summitview ALC C , Fixed Object 1/25/2012 $0 Closed No Pay .ACOLL28PT_2012028756 3/1/2012 3/13/2012 Yakima Transit 64th Ave ACOLL C Collision wNehicle 3/13/2012 $0 Closed No Pay Washington Ave at ABI28PT2010026015 5/4/2010 5/19/2010 Allgaier, Rose Marie 36th Ave ABI C :Accident Involving Bike 1/29/2012 $88,928 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 (with "PT" in claim number) prior to January 1, 2012, involved A -1 Tri -City Taxi, Inc., which was the contractor for the City for ADA paratransit service. The current contractor for ADA paratransit service is Medstar Cabulance, Inc.