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Home My WebLink About10/21/2014 05B 3rd Quarter 2014 Claim Report and ResolutionBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of: October 21, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: 3rd Quarter 2014 Claim Report and Resolution authorizing and approving 3rd 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 3rd 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, and Resolution No. R-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 one case, the City's insurance company paid an additional amount above the City's deductible. The City Council approved the settlement in Lolita Farnsworth v. City of Yakima by Resolution No. R-2014-076 on June 17, 2014. The entire amount of the settlement was paid by the City's insurance carrier and the City paid no money toward the settlement. The report includes information for the third quarter 2014: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 3rd Quarter 2014; and (4) WSTIP closed claims for the 3rd Quarter 2014. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd quarter of 2014 as listed in the reports. Resolution: X Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Ordinance: Contract Term: End Date: Amount: Risk Management Fund Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Adopt Resolution. City Manager ATTACHMENTS: Description Resolution authorizing and approving 3rd Qtr 2014 Claim Report 3rd Quarter 2014 Claim Report Upload Date 10/10/2014 10/10/2014 Type Resollution Backup IMaterliall RESOLUTION NO. R -2014- A RESOLUTION accepting and approving the 3rd 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 3rd 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 October, 2014. ATTEST: Micah Cawley, Mayor City Clerk CIAW CLOSED CLAIMS 07/01/2014 TO 09/30/2014 CITY OF YAKIMA 3rd Quarter Claim Report 2014 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM. 07/01/2014 TO 09/30/2014 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2014 July 1, 2014 through September 3U\2014 Auto Body njury (ABI) Total Number ofClaims: 1 Tot& Dollars Paid: $33/000.00 Automobile Liability Property Damage (ALPD) Total Number ofClaims: 7 Total Dollars Paid: $16,222.35 Employment Practices Liability (EPk) Total Number of Cairns: Total Dollars Paid: Gemena|UabiHtv-Bodik/V jury (GLBI) Total Number of Claims: Total Dollars Paid: 1 $0.00 5 $0.00 Gemera|Uabilitv-PropertyDamage(SLPD) Total Number of Claims: 21 Tota Dollars Paid: $37,365.83 Law Enforcement (LE) Total Number ofClaims: Total Dollars Paid: 0 $0.00 Wrongful Acts (WA) Total Number of Claims: l Total DoHars Paid: $60J000.00 General Liability ' Personal Injury (GLPI) Tota Number of Claims: Total Dollars Paid: 0 $0.00 TOTAL NUMBER OF CLAIMS: 36 TOTAL DO RS PAID: $146,588.18 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01/2014 TO 09/30/2014 City of Yakima CIAW Closed Claims Sumrnary by Department Third Quarter 2014 July 1, 2014 throwghSwptennbe30, 2014 Department/Division Closed Tata Paid Animal Control Division 0 $0.00 Codes Division O $0.00 Community Development Department 0 $0.00 Engineering Division 12 Finance Department 0 Fire Department � Parks and Recreation Division 2 Parking Enforcement Division 0 Planning Division 0 Public Works DeparDepartment Refuse Division Streets Division Wastewater Division VVater/|nigationDivision Yakima Air Terminal UnaIocated by Department $0.00 $0.00 $60,000.00 $0.00 $0.00 $0.00 0 $0.00 1 $0.00 2 $0.00 5 $13,657.37 8 $23,708,46 0 $0.00 0 $0.00 TOTAL: 36 $146,588.18 City of Yakima Closed Loss Run 7/112014 to 9130/2014 as of 10/8/2014 Department Name Claim Number LCYEngi2014 040179 ' Event Date Reported 5129/2014 Date of Claim 5/29/2014 Event Dale 5!2712014 Claim Type Code ALPD Claimant Full Name Chavez, Isaac Event Description OV hit pothole Claim Status Code C Date Closed 7/18/2014 Adjuster Last Name Riche Settlement Amount $0.00 Yakima Engineering Division LCYEngi2014 040180 5/29/2014 5/29/2014 5/2412014 ALPD Robinetl, Brittany OV hit pothole C 8/20/2014 Riche $0.00 LCYEngi2014 040290 6/17/2014 6/17/2014 5/25/2014 GLPD Gonzalez, Jessica Claimant hit pothole C 7/28/2014 Whetstone $0.00 040358LCYEni2014 040358 7/2/2014 7/212014 6/17/2014 GLPD Cortez David • OV hit pothole C 8/8/2014 Whetstone $0.00 LCYEng12014 040360 7/2/2014 7/2/2014 6/15/2014 GLPD Anderson, Tim Claimant ran over rebar on roadway 0 8/8/2014 Whetstone 50.00 LCYEng014 040376 7/7/2014 7/7/2014 6/6/2014 ALPD Davila , Rebecca Damage to tires from C 8/21/2014 Whetstone $0.00 hole in the road - LCYEngi2014 040395 7/9!2014 7/9/2014 7/5/2014 ALPD Gia' Richard OV hit pothole C 8/21/2014 Whetstone $0.00 LCYEngi2014 040423 7/16/2014 7/1612014 7/14/2014 GLPD Rodriguez, Enrique Clalniant hit pothole G 8/21/2014 Whetstone $0.00 LCYEngi2014 040424 7/16/2014 7/16/2014 6/4/2014 GLPD Henley, Alicia Claimant hit pothole C 6/21/2014 Whetstone $0.00 LCYEngi2014 040454 7/22/2014 7/22/2014 7/22/2014 ALPD Osorio, Laurie OV hit by sign In road C 9/6/2014 Whetstone $0.00 LCYEngi2014 040457 7123/2014 7/23/2014 6/7/2014 GLPD Morales, Claudia Claimant hit pothole G 872812014 Whetstone 50.00 LCYEng 2014 040604 8127/2014 8/27/2014 8!25/2014 GLPD Grill, Brian Claimant hit water drain concrete hole C 9/2812014 Whetstone $0.00 . Sum: 60.00 Department Name Yakima Fire Department Claim Event Date Date of Event Number Reported Claim Date LCYFDD2011 3127/2012 3/27/2012 6/30/2011 034871 Claimant Claim Type Code Full Name WA Date Adjuster Settlement Event Description Clairn Status Code Closed Last Name Amount CampanelG, Wrongful termination Lisa 9/26/2014 Andrus $60,000.00 560,000.00 Department Name Claim Event Date Date of Event Number Reported Claim Date Claimant Claim Type Code Full Name Event Description Claim Status Coda Date Adjuster Settlement Closed Last Name Amount Yakima Parks & Recreation Division LCYPark2014 040482 7/29/2014 7/29/2014 7/23/2014 GLBI Aguilar, Jose Claimant fell in the park C 8/21/2014 Fletcher 30.00 Discrimination LCYPark2014 040520 816/2014 8/6/2014 7/12/2014 GLPD Espinoza, Angel Theft C 9/24/2014 Whetstone $0.00 533,000,00 LCYPD20110 35045 4/17/2012 4/17/2012 8/15/2011 GLBI Manjares, Ernesto Claimant injured by laser C Sum: $0,00 Department Name Yakima Police Department Claim Number 0030 29311 26311 Event Date Reported 12/24/2008 Date of Claim 12/24/2008 Event Date 1/1/2003 Claim Type Code EPL Claimant Full Name Johnson, Charity Event Description Claim Status Code C Date Closed 9/25/2014 Adjuster Last Name Fletcher Settlement Amount 60.00 Discrimination LCYPD20110 338978 11/16/2011 11/29/2011 10/5/2011 ABI Wells, Connie IV rear ended OV C 8/20/2014 Zundel 533,000,00 LCYPD20110 35045 4/17/2012 4/17/2012 8/15/2011 GLBI Manjares, Ernesto Claimant injured by laser C 8/20/2014 Moore 60.00 LCYPD201402/21/2014 39620 2121/2014 2/13/2014 ALPD • Verdusco, Graclefa IV rear-ended OV C 8725/2014 Fletcher $488.00 LCYPD20140 39854 3/25/2014 3/25/2014 3/23/2014 ALPD Marquez, Noel Insured vehicle rear- ended claimant's vehicle G 8/20/2014 Fletcher $15,734,35 Sum: 549,222.35 Department Name Yakima Refuse Division Claim Event Date Date of Event Claimant Date Adjuster Settlement Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount LCYRetu2014 6/9/2014 6/9/2014 5/29/2014 040221 GLPD :Sanchez, Insured damaged Guadalupe claimant's gate 7/28/2014 Whetstone 60.00 Sum: 50.00 Department Name Yakima Streets Division Claim Event Date Date of • Event Claimant Date Adjuster Settlement Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount LCYStfee2014 5/16/2014 5/16/2014 5/12/2014 040135 GLBI Owens, Rachel Claimant fell into a divot in parking lot 8/21/2014 Fletcher 60.00 LCYStree2014 040718 9/22/2014 9/22/2014 9/16/2014 GLPD Fauth, Came Rock hit claimant's windshield C 1013/2014 Whetstone 60.00 Sum: 50.00 Department Name Yakima Wastewater Division Claim Event Date Date of Event Claimant Date Adjuster Settlement Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount LCYak1201303 8/29/2013 8/29/2013 8/26/2013 8454_ GLPD Potter, Corey Sewer backup 7/18/2014 Whetstone 86,252.09 LCYWaste201 4039969 4/14/2014 4/14/2014 3/20/2014 GLPD Wlid, Vema Sewer backup . 8/20/2014 Svellch $2,860.88 LCYWeste201 4040258 6/12/2014 6/12/2014 6/2/2014 GLPD Tariq, Mian • Sewer backup C 7/28/2014 Whetstone 60.00 Department Name Yakima Water & Irrigation Division LCYWasle201 4040399 7/9/2014 7/9/2014 6/30/2014app Claim Type Code GLBI Snyder, Mary Sewer line damage from blockage. C 8/20(2014 Whetstone 52,164.00 LCYWas1e201 4040492 7/3012014 7/30/2014 5/14/2014 GLPD Hahn Motor Company Sewer backup C 8/27/2014 Whetstone 52,380.40 LCYWaler2O1 3039743 3111/2014 3/11/2014 12/3/2013 GLPD Renecker, Dale Walerexpense C 7/20/2014 Sum: 513,657.37 Department Name Yakima Water & Irrigation Division Claim Number LCYWaler200 8025879 Event Dale Reported 10/20/2008 Date of Claim 10/20/2008 Event Date 9/15/2008 Claim Type Code GLBI Claimant Full Name Famsworlh, Lolita Event Description Claimant alleges she stepped on a faulty manhole cover causing Injury Claim Status Code C Date Closed 7/18/2014 Adjuster Last Name Guidinger Settlement Amount 50.00 LCYWale201 2039832 3/20/2014 3/20/2014 4/20/2012 GLBI Cordie, Kelly Claimant fell in manhole C 9/25/2014 Fletcher 50.00 LCYWaler2O1 3039743 3111/2014 3/11/2014 12/3/2013 GLPD Renecker, Dale Walerexpense C 7/20/2014 Riche 540.00 LCYWaler201 3040306 6/20/2014 6/20/2014 :##tom GLPD Warden, Louise Water damage C 8/20/2014 Whetstone 5600.94 LCYWaIe 201 4040054 4/28/2014 4/28/2014 4/24/2014 GLPD Hahn, Richard Water damage C 9/24/2014 Svelich 523,067.52 LCYWater201 4040127 5/15/2014 5/15/2014 5/14/2014 GLPD Chestnut Court Ana.lmenIn Sprinkler damage C 711812014 Whetstone 50.00 LCYWaIeQ01 4040371 7/3/2014 7/3/2014 6/18/2014 GLPD Cenlurylink Buried cable damage C 8/27/2014 Whetstone 50.00 LCYWatef201 4040566 8/19/2014 8/19/2014 7/8/2014 GLPD Hopkins, Sally Claimant's wafer line damaged C 9/26/2014 Whetstone 50.00 Sum: 523,708.46 Count: 36 Sum: Sum: $148,588.18 WSTIP CLOSED CLAIMS 07/01/2014 TO 09/30/2014 Yakima Transit Closed Claims - 07/01/2014 - 09/30/2014 Claim/Event Number Event Date Date of Claim Claimant Location Type Status Description Date Closed Total Paid To Claimant By WSTIP Outcome ALC28PT2012028719 3/1/2012 3/5/2012 Moore, Jason 64th Ave. and Washington Ave. ALC c Paratransit collision with vehicle 8/15/2014 $16,451.00 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 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.