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Home My WebLink About08/05/2014 05A 2nd Quarter 2014 Claim ReportBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of: August 05, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: 2nd Quarter 2014 Claim Report and resolution authorizing and approving 2nd Quarter 2014 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 2nd Quarter 2014. Most 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 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. On two related cases, the City's insurance company paid an additional amount above the City's deductible of $100,000. The City Council approved the settlement in Duenas, Special Administrator of the Estate of Pasqual Ayala v. City of Yakima and Shaun C. Kollman by Resolution R-2014-020 on February 4, 2014, and approved the settlement in Valencia, Administrator of the Estate of Marina Barajas, et al. v. City of Yakima and Shaun Kollman by Resolution R-2013-113 on August 20, 2013. The entire amount of each settlement was paid by the City's insurance carrier, and the City paid no money toward either settlement. The report includes information for the second quarter 2014: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 2nd Quarter 2014; and (4) WSTIP closed claims for the 2nd Quarter 2014. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 2nd quarter of 2014 as listed in the reports. Resolution: X Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source/Fiscal Ordinance: Contract Term: End Date: Amount: Risk Management Fund Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Adopt Resolution. Public Trust and Accountability City Manager ATTACHMENTS: Description Resolution authorizing and approving 2nd Qtr 2014 Claim Report 2nd Quarter Claim Report 2014 Upload Date 7/24/2014 7/24/2014 Type Resollution Backup IMaterliall RESOLUTION NO. R -2014- A RESOLUTION accepting and approving the 2nd Quarter 2014 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 2nd Quarter 2014 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this day of August, 2014. ATTEST: Micah Cawley, Mayor City Clerk CITY OF YAKIMA 2nd Quarter Claim Report 2014 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 04/01/2014 TO 06/30/2014 City of Yakima CIAW Closed Claims Summary by Type of Claim Second Quarter 2014 April 1, 2014 through June 30, 2014 Auto Bodily Injury (ABI) Total Number of Claims: 1 Total Dollars Paid: $2,353.62 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 4 Total Dollars Paid: $10,156,28 Employment Practices Liability (EPL) Total Number of Claims: Total Dollars Paid: 1 $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 3 Total Dollars Paid: $423.18 General Liability - Property Damage (GLPD) Total Number of Claims: 8 Total Dollars Paid: $58,256.08 Law Enforcement (LE) Total Number of Claims: Total Dollars Paid: 4 $0.00 Wrongful Acts (WA) Total Number of Claims: 0 Total Dollars Paid: $0.00 General Liability - Personal Injury (GLPI) Total Number of Claims: Total Dollars Paid: 2 $0.00 TOTAL NUMBER OF CLAIMS: 23 TOTAL DOLLARS PAID: $71,189.16 CIAW CLAIMS SUMMARY BY DEPARTMENT 04/01/2014 TO 06/30/2014 City of Yakima CLAW Closed Claims Summary by Department Second Quarter 2014 April 1, 2014 through June 30, 2014 Department/Division Closed Total Paid Animal Control Division 0 $Q.00 Codes Division 1 $0.00 Community Development Department 0 $0.00 Engineering Division 3 $0.00 Finance Department 0 $D.00 Fire Department 1 $85.55 Parks and Recreation Division 0 $0.00 Parking Enforcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 9 $3,844.56 Public Works Department 0 $0.00 Refuse Division 1 $8,579.79 Streets Division 2 $1,155.09 Wastewater Division 2 $57,100.99 Water/Irrigation Division 2 $423.18 Yakima Air Terminal 2 $0.00 Unallocated by Department 0 $0.00 TOTAL: 23 $71,189.16 CIAW CLOSED CLAIMS 04/01/2014 TO 06/30/2014 City of Yakima Closed Lass Rue 4/1/2014 to 6/3e12014 as of 7114/2014 JUL 2 2 2014 CITY LEGAL DEPT. Department Name Yakima Code Administration Claim Event Date Number Reported e2010 1/4/2012 034206 Date of - Claim Event Date Claim. Type Code 1/4/2012 10/7/2010 Ctalmant Full Name Silva, June - ..., Event Description Claimant attacked by dog ,.. Claim Status Coda., ,;, Date" =Closed 6/10/2014 Muster Settlement Last Name . AmountLCYC 60.00 Claim Status Code IIIIIIIIIIIIMIIIIIIMIIIIIIIMIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIMMIIIMIIII—_INIMII—_® moo AdJuster Last Name Andrus Department Name Claim Event Dale Number Reported LCYEngi2014 6/4/2014 040200 - Date of Claim 6/4/2014 Event Date , : Claim Type Code -:: 6/2/2014 GLPC Claimant Full Name :IIIClaimant .;. Event Description ';: hit pelhale Claim Status Code':-- EMI Date ;Closed 6/26/2014 Adjuster Last Name CM Settlement Amount $0.00 Yakima Engineering Division C 2014 6142014 6/4/2014 LCYEngiIIIIIIIIIIIIII 040201 5/23/2014 GLPD n detradma 11:=111111111111111 LCYAD20100 298365 6/2612014 6/24/2010 $0.00 LCYEng120K 6/52014 6/5/2014 040205 6/3/2014 GLPC Navarrette, Noiberto Claimant hit pothole C� 6/26/2014 Fletcher 50.00 111111--1111111111 111•111•11111111111111111111_111•1 10/5/2011 ALPO Welts, ConnieiV 111•1111111111.11•111111C21 C 6152014 60.00 Department Name Yakima Fire Department Claim Event Date Cato of Claimant Date Adjuster Settlement Number Reported Claim Event Date Claim Type Codo Full Name Event Description Claim Status Codo Closed . Last Name Amount LCYFDD2014 42812014 4/282014 040055 4/9/2014 ALPD ROUX, Ftra truck ran over Richard sprinkler & rock wall C 5/21/2014 Wiersma 885.55 Sum: 885.56, Department Name Claim Number LCYPD20100 29936A Event Date Reported 6/24/2010 Date of Claim 6/24/2010 Event Date 6/20/2010 Claim Typo Coda LE Velment Full Name AYala, Pasctal EventDese.ripttoe N In pursuit OV caused accident Claim Status Code Date Closed 4/25/2014 AdJuster Last Name Andrus Settlement Amount $0.00 Yakima Polico Department C ACYak320050 2 1/16/2007 1/18/2007 5152005 EFL Brownfield, Oscar' Clmrltlsalleging Discrimination C 4/20/2014 Andrus $0,00 LCYAD20100 298365 6/242010 6/24/2010 620/2010 Baralase Marina h/ In pursuit OV caused accident C 4125/2014 Andrus $5,00 LCYPD20110 33897A 11/16/2011 11/16/2011 10/5/2011 ALPO Welts, ConnieiV rear ended OV C 6152014 Zunciel $1,024.65 LCYPD20120 3x8046 8/8/2012 8/8/2012 8/4/2012 API Quinn' Shorn Insured hit other veh]oie C 41412014 Lowe 52,353.62 LCYPD20120 013 9/25/2013 3/18/2012 LE Harris9/252y •ExcessiveforceIssue C 5/16/2014 e9t Svh 50,00 Department Name Yakima Refuse Division Crain' Event Dale Date of Number Reported LCYRetu2013 639395 1/15/2014 Claim 1115/2014 Event Date 10/14/2013 Claimant Claim Typo Code Full Name ALPD Leman, Christopher Event Description Insured vehicle backed into other vehicle Date Adjuster Settlement Claim Status Codo Closed Last Name Amount 11=11 6!512014 1:012. Department Name Yakima Streets Division Claim Event Date Date of Number Reported Claim LCY$lree2012 035744 7/26/2012 7/28/2012 Claimant Event Date Claim Typo Codo Full Namo 5/30/2012 MEM LCYStree2014 2/2412014 2124!2014 2121/2014 GLPD Prneda, Street sign veil on 111111111116/6/2014 039630 WTLams claimant's vehicle Keifer, Linda Event Description Claimant loll on sidewalk Date Claim Status CodeClosed Adjuster Last Name 4/25/2014 Guldinger Settiomen t Amount $0,00 $1,155.09 $1,155.09 Department Name Yakima Wastewater Division Claim Event Date Datoof Claim Event Date Number Reported LCYWaste201 3037838 5!14/2013 5/14/2013 LCYWaste201 3/12/2014 3/12/2014 4039754 5/14/2013 3/11/2014 Claim Type Codo GLPD GLPD Claimant Full Name Event Description Claim Status Code Broers, Richard Date Adjuster Settlement Closed Last Name 5/2'112014 11:2 Potter, Carey 6/5/2014 0 Amount 357,100.99 30.00 457,109.99 Department Namo Claim Event Date Datil of Number Reported Claim Event Date Claim Type Codo Claimant Full Name Event Description Claim Status Codo Date Adjuster Settlement Amount Closed Last Name Yakima Water & Inigatfon't7ivision LCYPD20130 3$466 9/3/2013 9212013 6/8/2013 GLPD Lombardo, Vincent Claimant alleges door panel Is broke C 6!7812014 Moore 500¢ LCYPD20130 39057 11/20/2013 11/20/2013 8/25/2013 LE i T"Ya• Gonzalo Excessive, force issue C 6212014 Svclich $0.00 29893 LPD20140 3/27/2014 3/27/2014 3117/2014 ALPD Krebs. IV Hacked Into OV C 5/5/2014 Fletcher $468.29 Sum: r 53,844.56 Department Name Yakima Refuse Division Crain' Event Dale Date of Number Reported LCYRetu2013 639395 1/15/2014 Claim 1115/2014 Event Date 10/14/2013 Claimant Claim Typo Code Full Name ALPD Leman, Christopher Event Description Insured vehicle backed into other vehicle Date Adjuster Settlement Claim Status Codo Closed Last Name Amount 11=11 6!512014 1:012. Department Name Yakima Streets Division Claim Event Date Date of Number Reported Claim LCY$lree2012 035744 7/26/2012 7/28/2012 Claimant Event Date Claim Typo Codo Full Namo 5/30/2012 MEM LCYStree2014 2/2412014 2124!2014 2121/2014 GLPD Prneda, Street sign veil on 111111111116/6/2014 039630 WTLams claimant's vehicle Keifer, Linda Event Description Claimant loll on sidewalk Date Claim Status CodeClosed Adjuster Last Name 4/25/2014 Guldinger Settiomen t Amount $0,00 $1,155.09 $1,155.09 Department Name Yakima Wastewater Division Claim Event Date Datoof Claim Event Date Number Reported LCYWaste201 3037838 5!14/2013 5/14/2013 LCYWaste201 3/12/2014 3/12/2014 4039754 5/14/2013 3/11/2014 Claim Type Codo GLPD GLPD Claimant Full Name Event Description Claim Status Code Broers, Richard Date Adjuster Settlement Closed Last Name 5/2'112014 11:2 Potter, Carey 6/5/2014 0 Amount 357,100.99 30.00 457,109.99 Department Namo Claim Event Date Datil of Number Reported Claim Event Date Claim Type Codo Claimant Full Name Event Description Claim Status Codo Date Adjuster Settlement Amount Closed Last Name Yakima Water & Inigatfon't7ivision 3039036 L 030393 201 11119/2013 11119!2013 8/18/2613 GUT Hill, Wry/ Claimant tripped on water meter lid C 6/11/2014 Fletcher &423.16 LCYWate201 3040008 4/21/2014 4/21/2014 9/1/2013 GLPD age' Alfred Water meterdamage C 5/34/2014 Fletcher $0.00 Sum:. 5423.18 Department Namo Claim Event Date Date of Claimant Date Adjuster Settlement Number Reported Claim Event Date Claim Type Code Full Name Event Description Claim Status Cade Closed Last Name Amount Yakima Air Terminal LCYAT201033 9379 1/14/2014 1/1412014 311/2010 GLPI Bryon & Agee Lockwood Claim for alleged wrongful eviction 6/18!2014 Fletcher 50.00 LCYA1201003 .9373 1114/2014 1/14/2014 3!1!2010 GLPI Lanadn Family claim for alleged wrongful eviction 6/24/2014 Flotthor 50.00 Count: 23 Sum: Sum: S71,169.15 WSTIP CLOSED CLAIMS 04/01/2014 TO 06/30/2014 Yakima Transit Closed Claims - 04/01/2014 - 06/30/2014 Claim/Event Number Event Date Date of Claim Claimant Location Type Status Description Date Closed Total Paid To Claimant By WSTIP Outcome GL28PT2012029728 8/15/2012 11/28/2012 Turner, Richard 714 S. 8th Ave. GL C Dispute 5/22/2014 80.00 Closed No Pay ALPD28FR2012029732 11/2/2012 11/28/2012 Mendoza, Miguel Fruitvale and 16th Ave. ALPO C Collision with vehicle 5/22/2014 81,301.00 Settled VA2014031836 4/23/2014 4/28/2014 Phillips, Leigh 2301 Fruitvale Blvd. VA C Passenger accident 6/3/2014 80.00 Denied _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) after January 1, 2012, involve the current contractor for ADA paratransit service, Medstar Cabulance, Inc. Prior -to January 1, 2012, the contractor for paratransit service was A-1 Tri-City Taxi, Inc.