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Home My WebLink AboutR-2013-128 2013 3rd Quarter Claim Report RESOLUTION NO. R- 2013 -128 A RESOLUTION accepting and approving the 3rd 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 $99,000 deductible for insurance policies from September 1, 2010 to September 1, 2012, and a $100,000 deductible on policies from September 1, 2012 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 Tess; 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 September 1, 2012, 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 3rd Quarter 2013 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified ADOPTED BY THE CITY COUNCIL this 15 day of October, 2013 Micah Cawley, Ma or T EST: vAstml 111004 / d io •' City Cle RA • z "1 Ss . ‘ i »' * � CITY OF YAKIMA 3 rd Quarter Claim Report 2013 j1 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 07/01/2013 TO 09/30/2013 1 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2013 July 1, 2013 through September 30, 2013 Auto Bodily Injury (ABI) Total Number of Claims: 2 Total Dollars Paid: $5/981]30 Automobile Liability Property Damage (ALPD) Total Number of Claims: 4 Total Dollars Paid: $7,388.24 Employment Practices Liability (EPL) Total Number of Claims: 0 Total Dollars Paid: $0.00 General Liability Bodily Injury (GLBI) Total Number of Claims: 1 Total Dollars Paid: $0.00 General Liability - Property Damage (GLPD) Total Number of Claims: 27 Total Dollars Paid: $41,135.93 Law Enforcement (LE) Total Number of Claims: 5 Total Dollars Paid: $45.00 Wrongful Acts (WA) Total Number of Claims: 1 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 40 TOTAL DOLLARS PAID: $54,650.17 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01/2013 T © 09/30/2013 City of Yakima CIAW Closed Claims Summary by Department Third Quarter 2013 July 1, 2013 through September 30, 2013 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 6 $25,000.00 Finance Department 0 S0.00 Fire Department 0 $0.00 Department of General Administration 0 $0.00 Parks and Recreation Division 4 $4,502.47 Parking Enforcement Division O $0.00 Planning Division 1 $0.00 Police Department 8 $2,106.42 Public Works Department 0 $0I0 Refuse Division 5 $11,499.55 Streets Division 8 $7,871.38 Wastewater Division 3 $0.00 Water/Irrigation Division 5 $3,570.35 Unallocated by Department 0 $0.00 . | TOTAL: 40 $54,550'17 CIAW CLOSED CLAIMS 07/01/2013 TO 09/30/2013 . . . , . . City of Yakima Closed Loss Run as of 10/2/2013 . _ 0.- CtarpinusnegrAvorialon*rwanklmgon . . Claim Claim Claim Event Date Dale Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount LCYEngi2013 Yakima Engineering Division 2/26/2(113 2/2612013 2/7/2013 GLPD 13°11 Contract issue C 9/1612013 Earl ' $0.00 037247 Ted . _ 1-CYEr1912°13 7/11/2013 7/11/2013 7/10/2013 GLFD BclucheY Tar 8 ' gravel " C 8120/2013 Svetich $0.00 ' 038192 Kim 'claimant's vehicle LCYEngi2013 Altamirano, Claimant hit pothole in 8/21/2013 8/21/2013 8/1712013 GLPD C 9112/2013 Moore $0.00 038402A Gerardo road LCYEngi2013 • 8(21/2013 8/21/2013 8/17/2013 GLPD . Walker, Claimant hit pothole in C 9/12/2D13 Moore , $0.00 0384028 David road _ . LCYEng12013 8/21/2013 8/21/2013 8/1312013 GLPD Brinton, Claimant hit a cut in C 9/1212013 Moore $0.00 038403 .Sean pavement . " _ LCYEngI2012 12/2612012 12126/2012 411/2010 GLPD Burka Stormwater damage C 8/8/2013 Svetich $25,000.00 036797 Ronald ' . Sum: $25,000.00 ., . . ., Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement . Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Baeza, Tree limb fell on Yakima Parks & Recreation Division LCYPark20I3 1/16/2013 - 1/16/2013 1/14/2013 • GLPD • s vehicle C 812712013 Svetich $1,875.76 036950 Roque claimant' LCYPark2013 Pridemore, Tree fell on cfaimanrs 6/10/2013 611012013 6/7/2013 GLPD °'°'‚ 6/27/2013 Svetich $2,375.00 038024 Sharon vehicle ; - . . . . LCYPark2013 , Barajas 7/9/2013 7/9/2013 6/29/2013 GLPD Golf ball broke window C 9/27/2013 Svetich $251.71 038177 Raul . LCYStree2012 QwestICMR • 034972 4/9/2012 4/9/2012 3/26/2012 GLPD - Oklahoma Qwest cable damaged G 9/25/2013 Svetich $0.00 Cilv . . ' - . - Sum: $4,502,47 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount • ... .... . .. _ ._ . ...____ ---- . , ACYPIan2010 Muffett, Claim re adult Yakima Planning Division 10/13/2010 10/1312010 10/7/2010 WA C 7/112013 Earl $0.00 030546 Jaime entertainment club Sum: $0.00 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount LCYPD201203 ell Rudder, :11:=1111 7124/2013 $0.00 Yakima Police Department 1/31/2012 1/31/2012 1/28/2012 4421 Wayne LCYPD201203 Mu 2/14/2012 211412012 1/22/2012 U r • oh •• • Excessive force issue II7/25/2013 $0.00 4536 Daniel LCYPD201203 Art , Property not returned to 7/25/2013 1:1 6/11/2012 6/11/2012 6/10/2012 Luauro 50.00 5463 claimant LCYPD201303 Plaisance, Claimants laptop 4/3/2013 4/3/2013 3/28/2013 PD insured III 8/912013 1:1121 111.11111.1 1 1 7530 Michael damaged by Claimants vehicle (2013 6/3/2013 5/25/2013 GLPO 111.11111111.11111 LCYPD201303 613 7961 wrongfully impounded U 9/1612013 $0.00 Cil LCYPD201303 Insured vehicle hit other 615/2013 6/512013 6/2/2013 ALPO Gefre, Gary veh 9/16/2013 Lowe $1,204.53 7989 LCYPD201303 Butterfield. 7/12/2013 7/12/2013 5/112013 ID card not returned to in 8/27/2013 In $45,00 8200 Jeffrey claimant LCYPD201303 d Lehmann, damage 7116/2013 7116/2013 6/22/2013 Insured E 7/30/2013 lin $0.00 8216 Kirsten claimants door IIIMMIMMIIIIIIIIIMIIIIIIIIIIMIMIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIICMI $2,10642 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount Yakima Refuse Division LCYRefu2012 1/812013 1/8/2013 12/20/2012 ALPO Orton, Lori IV backed into DV III 819/2013 Svelich 111= , 036354 LCYRefu2013 Godoy, Asphalt parking lot 3120/2013 312012013 2/2612013 G PO Edward damaged m 8/9/2013 Riche $2840.26 037421 LCYRefu2013 5/21/2013 5/21/2013 4/30/2013 A PD epeda, I:1 :Petra, IV backed into OV E 8/27/2013 Lowe EM 037893A . LCYRefu2013 5/21/2013 5/21/2013 4/30/2013 IV backed into CV m 3/27/2013 $5,434.00 037693s Irma Montano, LCYRefu2013 5/21/2013 5/21/2013 4/30/2013 IV backed into OV II 8/27/2013 Lowe 6547.00 037893C Gregoria IN1111111111•1111111111111■111=1111•11111=111111111■111•11MIIMIIIIM111111111=3111110=1 Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount LCYStree2011 Abeyta, Yakima Streets Division 3/28/2012 3/28/2012 12/12/2011 GLPD Meagan Claimant hit pothole 8/912013 $1,340.00 034890 LCYStree2012 6/14/2012 611412012 21412012 GLPD Brown, Jute Claimant hit snow/dirt pile 1111 8/9/2013 E $2,679.90 035492 Pleasant, Claimants vehicle LCYStr°02012 11/29/2012 11/29/2012 11/26/2012 GLPO 111 9119/2013 MI $0.00 036616 Dennis bottomed out in roadway LCYStree2013 3/4/2013 3/4/2013 2/20/2013 GLPD Claimant mant hit pothole •6/9/2013 Correll $70.33 037297 Tony LCYSiree2013 7117/2013 7/17/2013 7/16/2013 ALPO Kuhlmann, IV hit OV 1111 8/27/2013 ell $3,605.41 038218A Jeff LCYStree2013 Sald Claimant's vehicle 038282 Diane cz, 7/30/2013 7/3012013 7/10/2013 GLPD sprayed with yellow lane 9/27/2013 WM MIMI LCYStree2013 9t1112013 9/11/2013 717/2013 GLPD Morales, Tires damaged by nails 038540 Jesus on roadway 9125/2013 Svetich $0.00 LCYStree2013 Gonzales, Claimant tripped on 3/12/2013 3/12/2013 3/112013 8/27/2013 Guidinger $0.00 037354 Consuelo sidewalk 1.11.11MMINIIMIIMMIIIIIIIIIMIIIIIIMIIIIIMIIIMMEMEMINEEHIMITM Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount LCYWaste201 Yakima Wastewater 54 Division 9/28/2012 9/28/2012 7/3/2012 GLPD McFarlane, Stormwater Damage 8/20/2013 $0.00 20361 Carol LCYWaste201 1111111.1111 2038079 6/17/2013 6(17/2013 12/20/2012 Gip° arles Mo0 re, Ch Sewer backup 0 9/1612013 11:111 $0.00 LCYWaste201 111•1111111 303792s 6/28/2013 5/28/2013 5/2212013 GLPD Carriii° Carlos Stormwater damage 7118/2013 Whetstone $c.. simmiornmommmtimmilmom■Ismommorm Mao Claim Claim Claim Event Date Date of Type Claimant Status Date Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Closed Last Name Amount • LeY G & F Yakima Water & Irrigation Mision 902 Water200 7 6/3/2009 7/30/2012 7/31/2009 GLPD Investments Water main break 0 819/2013 OE $2 130.80 LCYVVater200 8/3/2009 773W2012 7/31/2009 GLPD McKinlY Water main break 05/22/2013 Svetich I=1 9027854G Mary Jane ... -- " — LCYWater201 Costco 1032118 3/28/2011 3/28/2011 315/2011 GLPD Wholesale Water damage C 9/25/2013 Svetich $0,00 Cpntpr LCYWater201 Medstar 20352E38 5/17/2012 5/1712012 4/10/2012 GLPD Cabutance Claimant hit manhole lid , C 9/27/2013 Svetich $0.00 inn /Alfred , LCYVVater201 8/20/2013 8/20/2013 8/15/2013 GLPD Gibb, John Water damage C 9/27/2013 Whetstone $0.00 303839S I Sum: $3,570.35 Count 40 sum: Sum: $54,550.17 WSTIP CLOSED CLAIMS 07/01/2013 TO 09/30/2013 Yakima Transit Closed Claims - 07/01/2013 - 09/30/2013 Claim /Event Number Event Date Date of Claim Claimant Location Type Status Description Date Closed Total Paid Outcome ALC28PT2013030238 3/27/2013 4/9/2013 Irvine, Melvina 16th Ave. and Fruitvale ALC C Collision with vehicle 7/30/2013 $0.00 Closed No Pay ALPD28PT2011027508 4/14/2011 4/29/2011 Ward Gaston, Tara 16th Ave. and Tieton Dr. ALPD C Collision with vehicle '9/22/2013 $0.00 Closed No Pay 1 J 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. f',--: ' ', : " '-, t : ; J BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q --.) For Meeting of: 10/15/2013 ITEM TITLE: 3rd Quarter 2013 Claim Report and Resolution authorizing and approving 3rd Quarter 2013 claims activity. SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney Cindy Epperson, Budget & Finance Director SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 3nd 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. One claim on the closed report (Jaime Muffett) shows $0 because the City had reached its $99,000 deductible when judgment was entered in Muffett v. City in August 2012 for $9,750. The judgment and the subsequent award of attorney fees and costs for $36,651 were paid entirely by the City's insurance carrier, and not by the City. The report includes information for the third quarter 2013: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 3rd Quarter 2013; and (4) WSTIP closed claims for the 3rd Quarter 2013. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd quarter of 2013 as disclosed in the reports. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source /Fiscal Risk Management Fund Impact: • Strategic Priority: Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR City Manager SUBMITTAL: RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type LII Resolution 10/4/2013 Resolution 3rd Quarter 2013 Claims Report 10/4/2013 Backup Material