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Home My WebLink AboutR-2014-018 4th Quarter 2013 Claim Report RESOLUTION NO. R- 2014 -018 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 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 4th Quarter 2013 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 4 day of February, 2014 Micah awley r Mayor ATTEST: '►�! a 1 / ( " 1 City Clerk — P ‘� ' ♦ . • s � • , ` y = 1� . z',,::, , 1, .`.,,,, ,, -,, %% vi AS< r • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6C- For Meeting of: 2/4/2014 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 Tess. 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: E nd Date: Item Budgeted: NA Amount: Funding Source /Fiscal Risk Management Fund Impact: Strategic Priority: Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: - City Manager RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type 0 Resolution 1/24/2014 Resolution 0 4th Quarter 2013 Claim Report 1/24/2014 Backup Material CITY OF YAKIMA 4 th Quarter Claim Report 2013 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 10/ 01/2013 TO 12/31/2013 City of Yakima CIAW Closed Claims Summary bv Type of Claim Fourth Quarter 2013 October 1, 2013 through December 31, 2013 Auto Bodily Injury (AW) Total Number of Caims: 0 Totai Dollars Paid: $0.00 Automobile Liability Property Damage (ALPD) Total Number ofClaims: 2 Total Dollars Paid: $2,366.39 Employment Practices Liability (EPL) Total Number ofClaims: 0 Total Dollars Paid: $0.00 General Liability -Bodily Injury /GL8|\ Total Number ofClaims: 1 Total Dollars Paid: $0.00 General Liability Property Damage (GLPD) Total Number ofClaims: 22 Total Dollars Paid: $98,90734 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 0 $0.00 Codes Division 1 $7,778.53 Community Development Department 0 $0.00 Engineering Division 10 $0.00 Finance Department 0 $0.00 Fire Department 0 $0.00 Parks and Recreation Division 0 $0.00 Parking Enforcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 5 $41,200.69 Public Works Departrnent 0 $0.00 Refuse Division 1 $0.00 Streets Division 4 $4,139.06 Utility Services Division 1 $46,587.05 Wastewater Division 2 $24,567.76 Water/Irrigation Division 5 $23,463.99 Unallocated by Department 1 $0.00 TOTAL: 30 $147,737'08 CIAW CLOSED CLAIMS 10/01/2013 TO 12/31/2013 . . , ... . — . . . , . . ...• • , RECEIVED , ..• City of Yakima closed Loss Run 1011/2013 to 12/31/2013 aa:of lti/2014 ' . • A , JAN 2. 4 2.014 : - :,,..,....... . . ou.........„ , - cry LEGAL DEPT.- . Claim . Claim Clam Event Date Date of Type Claimant Status Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount LCYCode.2013 -. Yakima Code Administration ' 9/5/2013 9/5/2013 8/512013 In Hurnmel, Sewer Connection IIII 11/2612013 ICIEM 038459 Mark IIIIIIIIIIIIIIIIIMIIIIIIMIIIIMIIIIIIIIIIIIIIMIIIIIIIIIIIIIII.MIMEEMIIZEI Claim Claim Claim Claimant Adjuster Settlement Department Name Event Date Type Event Description Status Date Closed Number Event Date Date of Repotted Claim Full Name Last Name Amount . Code . • Code . . ' • ' • . . LCYaki201103 Garcia, Yakima, City of 12/13/2011 12/1312011 6/8/2011 WA Wrongful Termination C 12/1/2013 Earl . 0 4115 Tracy " . • Sum: 0 . . , Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description , Code Date Closed Last Name Amount , - Yakima Engineering Division LeYEri°12°13 9/1312013 9113/2013 9/842013 GLPD EscQW.' : Claimant's vehicle hit C 10/25/2013 Whetstone 0 038562 Dina pothole . _ LCYEng12013 9(17(2013 9/17/2013 9/8/2013 GLPD Dela Garza, ' Claimant hit pothole C 10/2512013 Whetstone 0 - 038578 Adelida - LCYEngi2013 ' Gartrell, 9/1712013 9/1712013 9115/2013 GLPD 'Claimant hit pothole 0 10/25/2013 Whetstone 0 038590 Kent LCYengi2013 9/18/2013 ' 9(18/2013 9/1/2013 GLPD Gmzelez Claimant hit pothole C 10/25/2013 Whetstone 0 • 038595 Jose LCYEngi2013 9/20/2013 9/2012013 9/.16/2013 GLPD Reed' Claimant hit pothole . C 10/25/2013 VVhetstone 0 038615 Christopher , . LCYEn0i2013 9/20/2013 9120/2013 9/16/2013 GLPD Wells, Jeff Claimant hit pothole C 10/28)2013 Whetstone 0 . 038616 . - LYEni2013 Cg trock, e120/2013 9/20/2013 9/16/2013 GLPD Diane Claimant hit pothole C 10/18/2013 Whetstone 0 038623 . . LCYEng12013 9/25/2013 Berkheimer, Construction blockade /25/2013 9/25/2013 9/5/2013 GLPD perek 0 1012/2013 Fletcher 0 03864,5 scratched OV , LCYEngi2,013 Nagle, 10/7/2013 10/7/2013 9/16/2013 GLPD riatine & Claimant hit pothole 0 11/6/2013 Whetstone 0 008745 Thomas . . — WYEngini 3 10/9/2013 10/9/2013 9/14(2013 GLPD Thrres ‘Clalmant hit pothole C 11/26/2013 Whetstone 0 ' 038758 Frank . .. , . Sum: 0 - - . . Claim Claim Claim Event Date Date of Type Claimant Status - Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount • , . . ACYPD20070 ; Yakima Police DepartMent ' - 3112/2009 3/1212009 7/1712007 LE Ford, Eddie Harassment issue C 11/7/2013 Andrus 38684.82 26923 . . LCYPD20080 , Phifer, 7/13/2011 7/13/2011 8/4/2008 LE Wrongful arrest C 11112/2013 Andrus 0 32983 Freddie LCYPD20130 Guerrero, Claimant's wallet missing 5/7/2013 5/7/2013 4/2912013 LE C 10/2/2013 Svetich 0 37775 Miguel after arrest LCYPD20130 ' Pacheco , 5/22/2013 1 5/22/2013 4/18/2013 GLPD IV hit cart into OV C 12117/2013 Svetich 1585.35 37910 1 Tony Mobile Fleet ; LCYPD20130 IV drove through fence - 10118/2013 10/18/2013 9/19/2013 GLPD service of business C 1 1 /2 6 /2 0 1 3 Riche 930.52 38818 • Inc - Sum: 41200.69 Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount LCYRefu2013 Chen, Insured vehicle hit Yakima Refuse Division 9/10/2013 9110/2013 9/4/2013 ALPD C 10/25/2013 Correll '. 0 038524 Arthur claimant's vehicle Sum:" 0 Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Cade Date Closed Last Name Amount LCYStree2013 Claimant fell on trolley Yakima Streets Division 5/20/2013 5/20/2013 5/20/2013 5/17/2013 GLBI Terrill, Mrs C 11/5/2013 Andrus 0 037876 tracks I . LCYStree2C13 Dailey, 8/14/2013 8/14/2013 8/1/2013 GLPD Claimant hit pothole C 11/20/2013 Correll 270.5 038355 Michael LCYStree2C13 Cardenas, ' Claimant hit stop sign in 9/10/2013 9/10/2013 8/22/2013 , GLPO C 10/31/2013 Fletcher 2709.5 038523 Jaime roadway LCYStree2013 Schneider, 10/3/2013 10/3/2013 8/2/2013 G , LPD Claimant hit pothole ' C 11/52013 Whetstone 1158.96 038715 Patti Sum: 4139.06 _ . . . . Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount ACYaki20060 Yakima Utility Services Division 19863 4/2/2006 4/2/2006 3/19/2006 G PO Dills, Fred Water damage. 12/18/2013 Andrus 46587.05 MINIMIIIIMIIMMIIIIIIMIIIMIIIIMMINIMMINIMIIIMIIIIIIIIMEMEM 46587.05 Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement • Department Name Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount LCYWaste201 Williams, ' Yakima Wastewater Division 9/18/2012 9/18/2012 9/1 6/20 1 2 GLPD Sewer backup C 11/26/2013 Svetich 22474.24 2036067 Betty LCYWaste201 8/29/2013 8/29/2013 8/1/2013 GLPD Crinean, Sewer backup C 10/4/2013 Svetich 2093.52 3038445 Jessica ._ . .... I 1 I. I I .l I i . .I _ Sum: I 24567.761 Claim Claim Claim Event Date Date of Type Claimant Status Adjuster Settlement Department Name Number Reported Claim Event Date Code Full Name Event Description Code Date Closed Last Name Amount LCYWatel200 G F Yakima Water & Irrigation Division 9028786E 12/29/2009 12/21/2012 12/25/2009 GLPD Investments Water damage III 1216/2013 Svetich 19571 LCYWater200 12/29/2009 12/21/2012 12/25/2009 GLPD McKinley, Water damage 111 12/6/2013 In 1526.6 9028786F Mary Jane LCYWater201 8!2612013 8/26/2013 8/23/2013 GLPD Mont Claimant's water shut off 10/25/2013 0 3038427 Monica LCYWater201 8/28/2013 8!2812013 7/30/2013 ALPD Arnold Insured vehicle rear- 10/21201 Fletcher M 3038443 Amy ended claimant LCYWater201 9/25/2013 912512013 9/9/2013 GLPD Coming, Claimant's plumbing 10/25/2013 Svetich 0 3038660 Debra clogged with debris Count: 30 Sum: Sum: 147737.08 WSTIP CLOSED CLAIMS 10/01/2013 TO 12/31/2013 Yakima Transit Closed Claims - 10/01/2013 - 12/31/2013 Claim /Event Number Event Date Date of Claim Claimant Location Type Status Description Date Closed Total Paid Outcome To Claimant By WSTIP 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 Vazquez, 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 ALC C Collision with vehicle 12/17/2013 $4,706.00 Settled St. I ME ,_ 1 - NM 1 M , = , 1 _ 1 _ MN 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 I 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. 1 1 1