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HomeMy WebLinkAboutR-2014-098 2nd Quarter 2014 Claim Report RESOLUTION NO. R- 2014 -098 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 5 day of August, 2014. Micah Cawley, ayor ATTEST: aLU,ryl Q& a 11� 2 City Clerk � ► jr � 11 �* \14 -144- f� F n x.11 I i ~ I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of: August 05, 2014 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 Pasqua) 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 Ordinance: Other (Specify): Contract: Contract Term: Start Date: End 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 Resolution authorizing and approving 2nd Qtr 7/24/2014 Resolution 2014 Claim Report 0 2nd Quarter Claim Report 2014 7/24/2014 Backup Material CITY OF YAKIMA 2nd Quarter Claim Report 2014 CIAW CLAIMS SUMMARY BY TYPF, OF CLAIM 04/01/2014 TO 06/30/2014 City mfYakima CIAW Closed Claims Summary by Type of Claim Second Quarter 2014 April 1, 2014 through June 30, 2014 Auto Bodily Injury (A8|) Total Number ofClaims: 1 Total Dollars Paid: $2,353.62 Automobile Liability - Property Damage (ALPD) Total Number mfClaims: 4 Total Dollars Paid: $I0,156.28 Employment Practices Liability /EPA Total Number ofClaims: 1 Total Dollars Paid: $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: 4 Total Dollars Paid: $0I0 Wrongful Acts (WA) Total Number of CIa ims: 0 Total Dollars Paid: $0.00 General Liability - Personal |njuryk3LP1\ Total Number of Claims: 2 Total Dollars Paid: �nI�) -- 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 Yakma UAW Closed Calms Summary by Department Second Quarter 2014 April 1,2Q14 through June 30, 2014 Department/Division Closed Total Paid Animal Control Division 0 $0.O0 Codes Division 1 $0.00 Community Development Department $0.00 Engineering Division 3 $0.00 Finance Department 0 $0.00 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 $3L844.56 Public Works Department 0 $0.00 Refuse Division 1 $8,579.79 Streets Division 2 $1,155.09 Wastewater Division 2 $57,100.98 !� Water/Irrigation Division 2 �4Z3.1Q ' Yakima Air Termlnal 2 $0.00 Linallocated by Department Q $0.00 TOTAL: 23 $71,189.16 CIAW CLOSED CLAIMS 04/01/2014 TO 06/30/2014 JUL 2 2 2014 ... . City of Yakima Closed Lass Rua 4/1 /WU to 6ner2014 as af 7/14/20.14. CITY LEGAL DEPT. , . ...",„.„...... . Claim Event Date at of Claimant Date Adjuster Settlement Department Name Number Reported Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Code Admirdstration LCYCocre2010 1/4/2012 1/4/2012 10/112010 GlEif ' Sliva, Julie Claimant attacked by dog C 6/10/2014 Bon& 50.00 034206 , . I : Sum: 20.00 Claim Event Date Date of Claimant Date Adjuster Settlement Department Name Number Roported Claim Eva nt Dale Claim Type Code Full Name Event Doscription Claim Status Coda Closed Last Name Amount LCYEng12014 vaidma Engineering Division 6/4/2014 614/2014 6/2/2014 GLPID Ray, Lim Claimant hit pothole C 16/26/2014 Fletcher 50.00 040200 • LCYEngi2014 Abdelrahma 6/412014 6/4/2014 5/23/2014 GLPD Claimant hit pothole C 8/26/2014 Fletcher 50.00 Nazol n. Sailed LCYEng12014 Navarrette. 6/5/2014 6/5/2014 6/2/2014 GLPC Claimant hit pothole C 6/26/2014 Fletcher $0.00 040205 Noll:le:to i Sum: 50.00 - . Claim Event Dato Dato pi Claimant Date Adjustor Settlement Department Name Number Re porta d Claim Event Date Claim Type Code Full Name Event Description Claim Status Codo Closed Last Name Amount Roux, Ftro trud< ran over Yakima e Departmen LCYFDD2014 t 4/28/2014 4/28/2014 4/9/2014 ALPD C 5121/2014 Wiersma 2E15,65 040055 Richard sprinkler & rack waif ,. Sum: 585.55. , . , . Claim Event Date Date of Claimant Date AdJuSter Settlement Department Name Number Reported Claim Event Dale Claim Typo Code Full Name Event DeSetiptIOn CMim Status Code Closed Last Warne Amount LCYPD20100 Ayala. hf in pursuit OV caused Yakima Polito Department 6124/2010 6/24/2010 6/20/2010 LE C 14125/2014 Andrus 60.00 29332A Pascual accident , - - ACYak120050 , Bromfield, Cl milt is alleging . 1/16/2007 1/18/2007 5 / 5 / 2 0 0 5 EPL C 4/20/2014 M u s 50,00 2 Oscar Discilmlnalfun . - . _ LCYPD20100 Barajas, IV In pursuit OV caused 6/24/2010 6/24/2010 6/20/2010 LE C 4/25/2014 Andrus 20.00 299268 . Manna accident LCYPD20110 ells. 11/18/2011 11/06/2011 10/5/2011 ALPO Connie ' ,Di rear ended OV c 6/5/2014 , Zundef $1,024.65 32897A . . . . LCYPD20120 Quinn. 818/2012 8/8/2012 8/4/2012 A3I Insured 119 other vehicle C 414/2014 , Lowe 62,353.62 i , 258048 Sherri LCYP D20120 Harris, 9725(2013 9/25/2013 2 LE , Excessive force Issue c 5/16/2014 svectri moo . 28658 Anthony i . . ., ... . . , ' — , LCYPD 9/312013 9/3/2013 8/8/2013 20130 Lombardo. Claimant alleges door c GLPD 6//20 - 1814 Moore 50.00 38466 Vincent panel is broke _ • _ ,_ .._ . LCYPD20130 AJTIOVa 11/20/2013 11/20/2013 8/25/2013 LE • . Excessive force ss 0 819/2014 Svetich 50.00 29057 Go rrzalo - LCYPD20140 39393 3127/2014 3/27/2014 3/172014 ALPD Krebs. Kellle .„ IV backed !Mc OV • , C .5/5/2014 Fletcher Sum: . 5435.29 53,844.5: . Claim Event Data Date of Claimant Date Adjuster Settlement Department Name Number Reported Miro , Event Date Claim Type Code Full Name Event Description Claim Status Codo Closed Last Name Amount . LCYRefu2013 Leman. insured vehicle backed Yam° Refuse DiviSion 1/15/2014 1/15/2014 10/14/2013 ALPD C 6/5/2014 Fletcher 58,579.79 039395 Christopher into ether vettIcle , .. Sum: $8,379.79 , 1 Claim Event Date Date of Department Name Number Reported Claim Event Date Claim Typo Codo Full Nair,o Event DescrIptten .Clan Ststus Code Closed Last Name Amount Yakima Streets Division LCYSlree2012 7)25/2012 7/26/2012 5/30/2012 MI= Ken . Claimant fell en sidewalk It 4/20/2014 OulcfInger 50.00 • 035744 Linda LCYStree201 Pi eda, Street sign fell on 2/24/2014 2/24/2014 2/21/2014 GLPD s veh :1.1.111 6/5/2014 Svetich 51,155.09 039630 VaG ms claimant'icle IIIMIIIIIIIIIIIIIIIIIMIIIIIIIIMIIIIIMOIIIIMIINIIINIIIIIIMIIIIIIIIIIIMIIIMIIMIIIIIIIIIINIIIIIIIIIIIIIIIIIEZM $1,153.09 Claim Event Date Dato of Claimant Date Adjuster Settlement Department Name Number Reported Claim , Event Date Claim Type Codo Full Name Event Description Claim Status Code Closed Last Name Amount Brous, Yakima Wastewater Division LCYWaste.201 5/142013 , 5/14/2013 i 5/14/2013 GLPO Server backup C 5121/2014 Svelich 557.100.99 3037'838 Richard . . . . LCYWaste201 Potter, 3/1212014 3/12/20f4 3/11/2014 GLPD Sower backup C 6/5/2014 Whetstone 50.00 4039754 Corey . ' . _ , Sum: $57,100.59 Claim Event Date 10310 01 Claimant Date Adjustor Settlement DepartMont Namo Number Reported Claim Event Pato Claim Type Codo Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Water 5 Irrigaton'Olvlsion 3 1- 03 % W ca a a ter2°1 1 /19/20 3 11/19/2013 8/18/2013 Hi , M ryl Mr= Claimant 'eloped on water meter lid 111111111111111 6/11 20 4 =UM LCYWater201 Kra ge, 4/21/20 4 4121/2014 9/1/2913 GLPO W m ater meter damage 1:12 8/24/20 4 50.00 3040008 IIIIMIIIIIIIIIIIIIIIIMIIIIIIMIIIIIIIIIIIIIIMIIIIIIIIMIIIMIIIIIIIIIIIIIIMIMIIIIIIIIIIIMMIIIIIIIIIIIIIIIIEM $42318 . . Claim Event Date Dato of Claimant Date Adjustor Settlement Department Name Numbor Reported Claim Event Date Claim Type Codo Full Name Evont Description Claim Status Code Closed Last Name Amount Bryon 8. . LCYAT201003 'Yakima Air Terminal 1/1412014 1/14/2014 3/1/2010 GLPI Alice Claim for alleged C 6/18/2014 Fletcher 50.00 9379 Lockwood wrongful eviction , . . . . . ,. . . . . . . . . LGYAf201003 111412014 1/14/2014 3/1/2010 GLPI 1an9don Clalmforallcgccd G 6/24/2014 Fletcher 60.00 .9379 Family wrenglulevidim Count: 23 , . Sum:` Sum: 571,139.151 • 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 Location Type Status Description Date Closed Total Paid To Outcome Claimant By WSTIP GL28PT2012029728 8/15/2012 11/28/2012 Turner, Richard 714 S. 8th Ave. mum Dispute 5/22/2014 $0.00 Closed No Pay ALPD28FR2012029732 11/2/2012 11/28/2012 Mendoza, Miguel Fruitvale and 16th Ave. A PD MI Collision with vehicle 5/22/2014 $1,301.00 Settled VA2014031836 4/23/2014 4/28/2014 Phillips, Lei. h 2301 Fruitvale Blvd. VA CM Passen.er accident 6/3/2014 $0.00 Denied 111111111111111.111111.1111111.11111111111111111111111111111111.1111111111111.1111111111.11111111 111.111111111111111=11111.111111.1111111.1111111.11111101111111.11111111111111111111111111111 M11111111111111111111111 MIME 1111111111•11111111=11111111111111111•1111111111•1111 111111111M=111■1 111=1111111111111•111111111111=111111■1111111111•11111111111•1111111•1111111111•11111111111 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.