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08/07/2012 04C 2nd Quarter 2012 Claims Report V 4 ‘ , _ i '' — ^,t-.4e .. ,.r0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT � Item No. " l" For Meeting of: August 7, 2012 ITEM TITLE: 2nd Quarter 2012 Claim Report and Resolution authorizing and approving 2nd 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 2nd 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 amounts paid by the City of Yakima toward the settlement which was within either the City's prior $100,000 insurance deductible, or the $99,000 deductible for insurance policy periods beginning September 1, 2010. The report includes the following information for the second quarter 2012: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 2nd Quarter 2012; and (4) WSTIP closed claims for the 2nd Quarter 2012. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 2nd 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 Phone: Source: APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ A Resolution accepting and approving the 2nd Quarter 2012 Claims Reports for the City of Yakima ❑ City of Yakima 2nd Quarter Claim Report 2012 1 RESOLUTION NO. R -2012- A RESOLUTION accepting and approving the 2n 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 currently a member of the Cities Insurance Association of Washington ( "CIAW') for most claims, and joined CIAW effective December 14, 2005, with a $100,000 deductible, and with a $99,000 deductible for claims covered by insurance policy periods from September 1, 2010 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 $100,000 or less; and WHEREAS, the attached CIAW Claims 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, or within the City's $99,000 insurance deductible for claims covered by insurance policy periods from September 1, 2010 to the present, 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 2 Quarter 2012 Claims Reports, together with all payments and disbursements listed therein, are hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this day of August, 2012. Micah Cawley, Mayor ATTEST: City Clerk CITY OF YAKIMA 2nd Quarter Claim Report 2012 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 04/01/2012 TO 06/30/2012 City of Yakima CIAW Closed Claims Summary by Type of Claim Second Quarter 2012 April 1, 2012 through June 30, 2012 Auto Bodily Injury (ABI) Total Number of Claims: 2 Total Dollars Paid: $13,476.49 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 4 Total Dollars Paid: $5,054.71 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: $27,278.18 General Liability - Property Damage (GLPD) Total Number of Claims: 10 Total Dollars Paid: $144,443.09 Law Enforcement (LE) Total Number of Claims: 1 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 1 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 21 TOTAL DOLLARS PAID: $190,252.47 CIAW CLAIMS SUMMARY BY DEPARTMENT 04/01/2012 TO 06/30/2012 City of Yakima CLAW Closed Claims Summary by Department Second Quarter 2012 April 1, 2012 through June 30, 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 0 $0.00 Finance Department 0 $0.00 Fire Department 0 $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 5 $15,349.20 Public Works Department 0 $0.00 Refuse Division 1 $0.00 Streets Division 5 $30,460.18 Wastewater Division 7 $128,096.52 Water /Irrigation Division 3 $16,346.57 Unallocated by Department 0 $0.00 TOTAL: 21 $190,252.47 CIAW CLOSED CLAIMS 04/01/2012 TO 06/30/2012 r City of Yakima Closed 4/1/2012 - 6/3012012 A NN a,kt trauma MaNtuery d Muhl pone Event Date Date of Claim Claimant Claim Da te Adjuster Settlement Department Name Ct;am Number a E vent Date Type Dose 5000 Chars Status Repdned Clam £ode Full Name Coda Closed Las4Name Amount Police Department ACYPD2010031606 2/1/2011 2/12011 9/10/2010 WA Castile.] m Disc/rrunation ioeve C 5/31/2012 Andrus $0.00 LCYPD2011033146A AB 8111/2011 8111/2011 7/28/2011 ABl Selena, Meat d ln aLll 6ured ant ve 's ve'y i�cfe rea:-ecded C 5/712012 Lowe $12,269.30 LCYPD2011033146D 8/112011 8/12!2011 7/28/2011 AS; Hemp, Paula Insured vehicle rear-ended C 5. Lowe $1,20719 claimant's ve LCYPD2011034324 1/192512 1/19/2012 3/28/2011 LE /amts, Deair Property not retuned by insured C 51312012 Andrus $0.00 LCYPD2012034498 2/912012 2132012 1/28/2012 ALPD Nelsen, Laveai idemn5uredents v¢vehfdiGe a r5 d into C 5172012 Caret $1,872.71 h Police Department S Sum: $15,349•20 Clam Ctajm Event Date Date of Claimant Date Adjuster Settlement Department Name Claim Number Event Date Typo Dese 5005 Chars: Status .. -...r. - . Reported Claim code Full Name Code Closed Last Name Amount Refuse Division LCYRefe'2011033811 11/4/2011 11/4/2011 1023/2011 ALPD Dau66s, Mary Garba$u buck 1•f Gatmants C 4/19/2012 Svetich $0.00 Anne fence Refuse Division . 1 Ell al �. Sum: $0.00 Claim Claim Event Date Date or Claimant ,Dale Adjuster Seutement Department ' Name Claim Number — Event Date Type Desc5000Chars Status Reported Claim Code Full Name Code Close Last Amount Streets Division ACYStree2007023360 10/2/2007 102/2007 7/15/2007 GLS: Gave:- Lykken Chet alleging she stepped ie C 5/7/2012 Geidingnr 525,635,40 Phyl s We on sidewalk. LCY$tree2011033T22 10/20/2011 1026/2011 9/262011 ALPD Hantz, Rachel IV hit DV C 5172012 Rieke $836.14 LCYStre¢2011034020 12/12011 1211/2011 420/2011 GLBI brown, Xare+i Ciaunant fell on sidewalk C 5R /2012 Earl $1,642.78 LCYStree2011034890 328/2012 3/28/2012 12112/2011 GLPP San Claimant hit pothole C 5/302012 Svejch $0.00 Navarez, Insured vehicle hit claimants LCYStree2012034318 1119/2012 1119(2012 1/50)2012 ALPD we v � C 517/2012 Lowe 52,345.86 , Erriquicle Streets Division 5 Sum: $30,460.18 Event Date Dated Claim Claimant Claim Date Adjuster Settlement Department Name Claim Number Type Desc,5000 Chars Status Reported Claim Code Full Name Code ClOsed Last Name Amount Wastewater Division ACYWaste2010031108 17312011 1!312011 12)282010 GLPD Garcia, Javier Sever back up C 4/102012 Svetidr 50.00 LCYWaste2011032669A 6/112011 6/1/2011 5(332011 GLPD Ames, Marlene Sewer backup C 5/7 /2012 Svalk.h S99.090.00 LCYWasto20110326693 6)1)2011 7(25/2011 5130/2011 GLPD Irvine, heather Sewer backup C 4:30/2012 Svetich 59,7)620 LGYWasIe2011033807 10/12/2011 10/1212311 9119/2011 GLPD John, Katherine Sewer back up C 5/7/2012 Seetich 5290.00 LCYWaste2011033710 /0/7512011 10/252011 10'52011 GLPD Aecerman. Paul Sewer back up C 5172012 Seeech 5326.41 LCYWaste2012034285 1113/2012 1/1372012 1/1372012 GLPD OosafCO Sewerbadc up C 5/7/2012 Whetstone 514,600.00 Joanne 5 LCYWasIe2012034662 2/292 Tie 012 2/29,2012 1/2912012 GLPD McGree, n Straw back up C 5/21/2012 Riche 34,160.91 Wastewater Division 7 Sum: $128,096.52 4 Claim Claim Event Date Date of Claimant Date Adjuster Settlement Department, Name Claim Number Reported Claim Event Date Type Full Name Desc 5000 Chars Status Closed Last Name Amount Code Code Water & Irrigation Division ACYWate2009028786A 1229/2009 12292009 12/252009 G11.0 A J m' Water damage C 5+72012 S1,etch $10,000.00 ACYWater20393287860 12/29 /2009 101412010 12/252009 GLPD Haim Source Water damage C 5(7 /2012 Sve',icb 56.34657 LCYWater2312034631 321/2012 31212012 3/52012 GLPD Ruiz, Raul Caimanl'svater pipe broken C 4142012 Svelich 50.00 Water & Irrigation Division 3 Sum: $16,346.57 (Count: - 1 211 I I I [ I I I 1 Sum:[ 190,252.47 WSTIP CLOSED CLAIMS 04/01/2012 TO 06/30/2012 . Yakima Transit Closed Claims - 04/01/2012 - 06/30/2012 iClaim Number 'Event Date [Date of Claim !Claimant ILocation ;Type ;Status iDescription !Date Closed !Total Paid lOutcome ; ,tAulM28FR2011028097 19/9/2011 18/28/2011 !Hunt, Valerie T4th St and Chestnut ;AUIM — IC 'Passenger Injury 16/7/2012 i $15,562.25 IABI28PT2010027701 110/18/2012 16/16/2011 1Hemmert-Crook. Rebecca 1Martin Luther King and [AB' IC — Ipassen — ger Injury � . 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. As of January 1, 2012, the curren contractor for ADA paratransit service is Medstar Cabulance, Inc. .