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Home My WebLink About04/16/2013 05D 2013 1st Quarter Claim ReportBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. `-) D For Meeting of: April 16, 2013 ITEM TITLE: 1st Quarter 2013 Claim Report and Resolution authorizing and approving 1st Quarter 2013 claims activity. SUBMITTED BY: Legal Department and Finance Department CONTACT Helen A. Harvey, Senior 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 1 st Quarter 2013. 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. 2011 -166 providing authorization for the City Manager to settle claims was adopted by the City Council on November 15, 2011, and Resolution No. 2012 -135 was adopted on November 16, 2012. The payment amounts listed on the CIAW report show the amount paid by the City of Yakima toward the settlement which was within the City's $100,000 or $99,000 insurance deductible. The report includes information for the first quarter 2013: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 1 st Quarter 2013; and (4) WSTIP closed claims for the 1st Quarter 2013. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 1st quarter of 2013 as disclosed in the reports. Resolution X Contract: Contract Term Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: Ordinance Other (specify) Mail to: Amount: Expiration Date: Phone: � City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download E:1 A Resolution accepting and approving the 1 st Quarter 2013 Claim Report for the City of Yakima ❑ City of Yakima 1st Quarter Claim Report 2013 RESOLUTION NO. R -2013- A RESOLUTION accepting and approving the 1 st Quarter 2013 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 $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 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 $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 1st Quarter 2013 Claim Report, together with all payments and disbursements listed therein, are hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this day of April, 2013. Micah Cawley, Mayor ATTEST: City Clerk ♦ i IF Aq lst Quarter Claim Report 2013 . j l LW, R I OT I all r i City of Yakima ClAW Closed Claims Summary by Type of Claim First Quarter 2013 January 1, 2013 through March 31, 2013 Auto Bodily Injury (ABI) Total Number of Claims: Total Dollars Paid: $0,00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 2 Total Dollars Paid: $1,991.20 Employment Practices Liability (EPL) Total Number of Claims: 1 Total Dollars Paid: $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 3 Total Dollars Paid: $0.00 General Liability - Property Damage (GLPD) Total Number of Claims: 12 Total Dollars Paid: $21,888.76 Law Enforcement (LE) Total Number of Claims: 3 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 7 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 29 TOTAL DOLLARS PAID: $23,879.96 CIAW CLAIMS SUMMARY 01/01/2013 TO 03/31/2113 City of Yakima CLAW Closed Claims Summary by Department First Quarter 2013 January 1, 2013 through March 31, 2013 Department/ Division Closed Total Paid Animal Control Division 0 $0.00 Codes Division 3 $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 1 $0.00 Parking Enforcement Division 0 $0.00 Planning Division 1 $0.00 Police Department 11 $1,000.00 Public Works Department 0 $0.00 Refuse Division 3 $1,991.20 Streets Division 3 $2,093.00 Wastewater Division 4 $18,795.76 Water/Irrigation Division 2 $0.00 Unallocated by Department 0 $0.00 TOTAL: 29 $23,879.96 A O I A APR 0 1 2013 CITY LEGAL DEPT. City of Yak'rmq Closed Less Run as of 04111201_3 Yeldma Police Department ACYPD20030 25835 101101200$ 10/1012008 10/912008 EPL �"enxatez Maine Claimant is atleging retaliation. C 2119/2013 Earl 0 LCYPO20060 6118/2012 6/18/2012 4(112006 GLPD Cardenas, Claimants property G 1118/2413 Earl 1000 35511 Leopoldo , destroyed LCYP]a20080 8!15/2011 8/1512011 12(1712008 LE Cordova, Civil rights violation issue C 7102013 Earl 0 33188 Enrique LCYPD20090 10/1512012 1011512012 8/3/2049 WA Garter „John Harassmentissue C 31812013 Andras 0 36288 LCYPD20114 11312012 11812012 W712011 Jones, Civil rights violation C 2/4/2013 Earl 0 34199 James LCYPD20120 6114)2012 5!1412012 3!712012 LE Morehouse, Claimanttaimnto C 113112013 Earl 0 3525 DavId hospital against hls will LCYPD20120 617112412 611,2012 5/1912012 GLBI Morefleld, Claimant injured due to C 1{2212013 Andrus 0 35384 Michael dkWfaciitites 0120 712512012 7125/2012 21312012 GLIB[ Excesslve force issue C 1131/2013 Earl 0 35730 35730 Gary Gary LCYPD20120 10/23/2012 10123/20t2 815/2012 LE Lopez Abelardo& property C /29f20i3 Andrus 0 36348 damaged LCYPD20120 11130/2012 1113012012 11119/21012 GLPD Compton, Claimants vehicle C 3129/2013 Andrus 0 36623 Pau] impounded LCYP020130 113012013 1130/2013 1129/2013 GLAD K rl, en & Ken & Fence damage C 212612013 Riche 0 37088 Sum 1040 Claim Event Date Oats of 81412010 Claim Type Claimant Fnl[,Wamn Claim Status Date Adjuster Settlement Department Name Number Reported Event Date Code Full Name Event Description Code Closed Last. Name Amount MM,jjClaim LQYWaste20I 4/1612012 411612012 10/29=11 GLPD Lichfield, Sewer backup C 1111/2013 Svefioh 0 1036032 Bob LCYWaste201 4/412012 414/2012 512912012 GLPD Machado, Sewer backup 0 21+112013 Whetstone 18295.76 2034349 I Lutz 7112t2012 711212012 M2212012 GLPD,Poe,Amos Sewarbackup C 3MV2013 -SvetIr h 0 203 ess. I Yaldma Wastewater Division ACYWaste201 8/26=10 8125=10 81412010 GLPD 1 Fnl[,Wamn Sewerbackup C 1 2/412013 Svatich Sao 0030231 LQYWaste20I 4/1612012 411612012 10/29=11 GLPD Lichfield, Sewer backup C 1111/2013 Svefioh 0 1036032 Bob LCYWaste201 4/412012 414/2012 512912012 GLPD Machado, Sewer backup 0 21+112013 Whetstone 18295.76 2034349 I Lutz 7112t2012 711212012 M2212012 GLPD,Poe,Amos Sewarbackup C 3MV2013 -SvetIr h 0 203 ess. I Sum, 18795.7s I WIN Yakima Transit Closed Claims - 01/01/2013 - 03/31/2013 Claim/Event Number Event Date Date of Claim Claimant Location _ Type Status Description Date Closed Total Paid Outcome AB128PT2010026056 311012010 512712010 Gellert, Gloria Harman Center premises ABI C Passenger injury 1/912013 $100,000.00 Settled AB]28FR2012029551 911412012 101312012 Mudd, Mode)[e Tieton Dr.140th Ave, ABI C Passenger accident 112412013 $1,000.00 Settled AB]28FR2012029194 61812012 6/2712012 Lussier, Mary E. Walnut/S. 1st St. ABI C Passenger accident 3/412013 $300.00 Settled AB128FR2012029194 61812012 612712012 Lussier, Dayonna E. Walnut/S. 1st St. ABI C Passenger accident 314/2013 $1,913.00 Settled 2012030084 11/2912012 121512012 Fuerst, Dana ABI IC Passenger injury 31512013 $0.00 Closed No Pay AB128FR2013030052 2!1512013 212712013 Magana-Nunez, Juan ABI IC I Passenger injury 311212013 $0.00 Denied ALP028FR2013030111 3/812013 311212013 Purcell, Randy ALPD C Collision with fixed object 311512013 $368.00 Settled AB128FR2012029818 12/1312012 12/18/2012 Rodriquez, Chad 105 S. 4th St. ABI C Injury on Transit premises 3126/2013 MOO Closed No Pav The City of Yakima WSTIP Transit Insurance has a $0 deductible on its WSTIP insurance, so the amounts paid on the Transit Closed Claims report 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 current contractor for ADA paratransit service is Medstar Cabulance, Inc.