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Home My WebLink About02/04/2014 05C 4th Quarter 2013 Claim ReportBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 2/4/2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: 4th Quarter 2013 Claim Report and Resolution authorizing and approving 4th 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 4th Quarter 2013. 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. 2012-135 was adopted by the City Council on November 16, 2012, and Resolution 2013-137 was adopted on November 5, 2013. The payment amounts listed on the CIAW report show the amount paid by the City of Yakima toward the settlement within the City's $100,000 or $99,000 insurance deductible. In three cases, the City's insurance company paid an additional amount above the City's deductible. The City Council approved the settlement in Tracy Garcia v. City of Yakima by Resolution R-2013-114 on August 20, 2013; the entire amount of the settlement was paid by the City's insurance carrier, and the City paid no money toward the settlement. The settlement in Eddie Ford v. City of Yakima was reached at mediation on September 20, 2013. The City paid $38,684.82 as listed on the report, and the balance of the settlement amount above the City's deductible was paid by the City's insurance carrier. In Fred and Patricia Dills v. City of Yakima, the City paid $46,587.05 of the judgment amount as listed on the report; the balance of the judgment above the City's deductible was paid by the City's insurance carrier. The report includes information for the fourth quarter 2013: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 4th Quarter 2013; and (4) WSTIP closed claims for the 4th Quarter 2013. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 4th quarter of 2013 as listed in the reports. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Resolution 4th Quarter 2013 Claim Report Amount: Risk Management Fund Public Trust and Accountability City Manager Upload Date 1/24/2014 1/24/2014 Type Resonution Backup Materna° RESOLUTION NO. R -2014- A RESOLUTION accepting and approving the 4th 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 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 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 4th Quarter 2013 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this day of February, 2014. Micah Cawley, Mayor ATTEST: City Clerk CITY OF YAKIMA 4th Quarter Claim Report 2013 CLAW CLAIMS SUMMARY BY TYPE OF CLAIM 10/01/2013 TO 12/31/2013 City of Yakima CIAW Closed Claims Summary by Type of Claim Fourth Quarter 2013 October 1, 2013 through December 31, 2013 Auto Bodily Injury (ABi) Total Number of Claims: Total Dollars Paid: 0 $0.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 2 Total Dollars Paid: $2,366.39 Employment Practices Liability (EPL) Total Number of Claims: Total Dollars Paid: General Liability - Bodily Injury (GLBI) Total Number of Claims: Total Dollars Paid: 0 $0.00 1 $0.00 General Liability - Property Damage (GLPD) Total Number of Claims: 22 Total Dollars Paid: $98,907.34 Law Enforcement (LE) Total Number of Claims: 3 Total Dollars Paid: $38,684.82 Wrongful Acts (WA) Total Number of Claims: 2 Total Dollars Paid: $7,778.53 TOTAL NUMBER OF CLAIMS: 30 TOTAL DOLLARS PAID: $147,737.08 CIAW CLAIMS SUMMARY BY DEPARTMENT 10/01/2013 TO 12/31/2013 City of Yakima CIAW Closed Claims Summary by Department Fourth Quarter 2013 October 1, 2013 through December 31, 2013 Department/Division Closed Total Paid Animal Control Division Codes Division Community Development Department Engineering Division Finance Department Fire Department Parks and Recreation Division Parking Enforcement Division Planning Division Police Department Public Works Department Refuse Division Streets Division Utility Services Division Wastewater Division Water/Irrigation Division Unallocated by Department 0 1 0 10 0 0 0 0 0 5 0 1 4 1 2 5 1 $0.00 $7,778.53 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $41,200.69 $0.00 $0.00 $4,139.06 $46,587.05 $24,567.76 $23,463.99 $0.00 TOTAL: 30 $147,737.08 CIAW CLOSED CLAIMS 10/01/2013 TO 12/31/2013 Lititz Insannce/Wm:41011orWoxItiix<en Citv afYakima Closed Loss Run 101112013 to 12!3112015 a -of 11T/2014 • RECEIVED JAN 2 4 2.1114 cry LEGAL DEPT.- Claim EPT. Department Name Yakima Code Administration Claim Number €.CYCode2013 038489 Claim Event Date Date of Type Claimant Reported Claim Event Date Code Full Name 9/5/2013 8/5/2013111 /5/20131 tummei, Sewer Connection r Mark MMIMIIIIIL IIIIMMIIIIII Event Description Claim Status Adjuster Code Date Closed Last Name 9/5/2013 11/26/2013 Svetich Settlement Amount 7778.53 7778.53 Department Name Yakima, City of Claim Number LGYaki201103 4115 Event Date Date of Reported Claim 12/13/2011 12/13/2011 Claim Claimant Event Date Type Fuji Name Code 613/2011 MIN mom Claim Event Description Status Date Closed Adjuster Code : Last Name 11111 12/1/2013 Cal Wrongful Termination Settlement Amount 0 0 Department Name Yakima Engineering Division Claim . Humber; LCYEngi2013 038562 Event Date ,Reported 9/1312013 Date of Claim 9113/2013 Event Date 9/8/2013 Claim Type Code GLAD Claimant Full Name Escobar, Dina . : Event Description . ; Claimants vehicle hit pothole Claim Status " Cade :. C Date Closed 10125/2013 Adjuster Last Name Whetstone Settlement Amount 0 LCYEng12013 038578 9117/2013 9117/2013 8/8/2013 GLAD Dela Garza„ Adelida Claimant flit pothole C 10/25/2013 Whetstone 0 LCYEngi2013 038590 9/17/2013 9(1712013 9/16/2013 GLAD Gartrell, Kent Claimant Nt pothcie C 10/25/2013 Whetstone 0 LCYengi2013 038595 911812013 9/18/2013 9/1‘2013 GLAD Gonzalez , Jose. Claimant hit pothole C 10/25/2013 Whetstone 0 • LCYEngi2013912012013 038615 9/2012013 9/.16/2013 GLPD T Reed Christopher Claimant hit pothole C 10/28/2013 Whetstone 0 LCYEngi2013 038615 9/20/2013 9/20/2013 9/18/2013 GLAD Wells, Jeff Claimant hit pothole C 10/28/2013 Whetstone 0 LCYEng12013 038623 9/20/2013 9/20/2013 9/16/2013Diane GLPD hock Claimant hit pothole C 10/18/2013 Whetstone 0 LGYEngi2013 038645 9125/2013 9/2512013 9/5/2013 GLPD Berkheimer, Derek Construction blockade scratched OV C 10/2/2013 Fletcher 0 LCYEngi2013 038745 - 1017/2013 1017/2013 I 9/16/2013 GLPD Nagle, ristine & Thnm s Claimant hit pothole 0 11/5/2013 Whetstone 0 LGYEngi2013 038758 10/9/2013 10/9/2013 9/1412013 GLPD Torres, Frank Claimant hit pothole C 11/26/2013 Whetstone 0 Sum: 0 Department Name Claim Number Claim Event Date Date of Type Claimant Reported Claim Event Date Code Full Name Event Description Claim Status Adjuster Code Date Closed Last Name Settlement Amount Yakima Police Department • • ACYF'020070 26923 3/12/2009 3/102009 7/1712007 LE Ford, Eddie Harassment issue C 11/7/2013 Andrus 38684.82 Claimant fell on trolley tracks LCYPD20080 32983 7/13/2011 7113/2011 8/4/2008 LE Phifer, Freddie Wrongful arrest C 11/12/2013 Andrus 0 270.5 LCYPD20130 37775 5/7/2013 5/7/2013 4/29/2013 LE Guerrero, Miguel Claimants wallet missing after arrest C 10/2/2013 Svetich 0 2709.8 LCYPD20130 37910 5/22/2013 5/22/2013 4/18/2013 t; LPD Pacheco , Tony IV hit cart into OV C 12/17/2013 Svetich 1585.35 1158.96 LCYPD20130 38818 1011812013 10/18/2013 9/19/2013 GLPD Mobile Fleet Service, Ina IV drove through fence of business C 11/26/2013 Riche 930.52. 4139.06 Sum: 41200.69 Department Name Yakima Refuse Division Claim Event Date Date of Number LCYRefu2013 038524 Reported Claim 9/10/2013 9110/2013 Claim Type Claimant Event Date Code Full Name 9/4/2013 ALPD Chen, Arthur Event Description Insured vehicle hit claimant's vehicle Claim Status Adjuster Code pate Closed Last Name C 10/25/2013 Correll Settlement Amount 0 0 Department Name Yakima Streets Division Claim Number LCYStree2013 037876 Event Date Reported 5/20/2013 Date of Claim 5/20/2013 Event Date 5/17/2013 Claim Type Code GLI3I Claimant Full Name Terrill, Mrs Event Description Claim Status Code C Date Closed 11/5/2013 Adjuster Last Name Andrus Settlement Amount 0 Claimant fell on trolley tracks LCYStree2013 038355 8/14/2013 8/14/2013 8/1/2013 GLPD Dailey, Michael Claimant hit pothole C 11/2012013 Correll 270.5 LCYStree2013 038523 9/10/2013 9/10/2013 8/22/2013 °GLPD Cardenas, Jaime Claimant hit stop sign in roadway 0 10/31/2013 Fletcher 2709.8 LCYStree2013 038715 10/3/2013 10/3/2013 8/212013 GLPD Schneider, Patti Claimant hit pothole G 11/5/2013 Whetstone 1158.96 Sum: 4139.06 Department Name Yakima Utility Services Division Claim Event Date Date of Number ACYaki20060 19863 Reported Claim 4/2/2006 4/2/2006 Claim Type Claimant Event Date Code Full Name 3/19/2005 Event Description Claim Status Adjuster Code Date Closed Last Name GLPD Dills, Fred Water damage. fl 12/18/2013 Andrus MEM Settlement Amount 46587.05 46587.05 Department Name Yakima Wastewater Division Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount LCYWaste201 Williams' Sewer backup 9/18/2012 9/18/2072 9116!2012 GLPD 2036067 Betty C 11/26/2013 Svelich 22474.24 LCYWaste207 3038446 8/25/2013 8/29/2013 8/1/2013 GLPD Crinean, Jessica Sewer backup C 10/412013 Svetich 2093.52 Sum: 24567.76 Department Name Yakima Water& Irrigation Division Claim Number LCYWatei200 9028786E Event Date Reported 12/29/2009 Date of Claim 12/2112012 Event Date 12/25/2009 Claim Type Code GLPD Claimant Full Name G & F Investments Inn Event Description Water damage Claim Status Code C Date Closed Adjuster Last Name Settlement Amount 19571 12/6/2013 Svetich LCYWater200 9028786F 12/29/2009 12/21/2012 12/25/2009 GLPD McKinley, Mary Jane Water damage C 1216/2013 Svetich 1526.6 LCYWafer201 3038427 812612013 8/26/2013 8/23/2013 GLPD Ortiz, Monica Claimant's water shut off C 10/25/2012 Riche 0 LCYWater201 3038443 8/28/2013 8128/2013 7/30/2013 ALPD Arnold, Amy Insured vehicie rear - ended claimant C 10/2/2013 Fletcher 2366.39 LCYWate01 3038660 9/25/2013 1 9/25/2013 91912013 GLPD Corning, Debra Claimant's plumbing clogged with debris C 10/25/2013 Svetich 0 Sum: 23463.99 Count 30 Sum: Sum: 147737.08 WSTIP CLOSED CLAIMS 10/01/2013 TO 12/31/2013 Yakima Transit Closed Claims -1010112013 - 12/31/2013 -)Description Claim/Event Number Event Date Date of Claim Claimant Location Type Status Date Closed Total Paid To Claimant By WSTIP Outcome EV2012065878 9/14/2012 9/18/2012 Hunt, Jessica N. 1st St. and A St. ABI C Pedestrian injury 10/10/2013 $17,500.00 Settled EV2013070005 10/28/2013 11/4/2013 McCready, William 1st St. and Chestnut Ave. ALPD C Collision with vehicle 11/4/2013 $1,685.00 Settled EV2013067573 1/29/2013 3/6/2013 Vazguez, Ruben E. Chestnut and 17th St. ABI C Passenger injury 12/12/2013 $0.00 Closed No Pay EV2013067911 4/2/2013 4/9/2013 Garza, Lerina NB SR 824 entering S. 1st St, ALC C Collision with vehicle 12/17/2013 $4,706.00 Settled 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 Paratrahsit 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 1 current Contractor for ADA paratransit service is Medstar Cabulance, Inc.