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Home My WebLink AboutR-2014-123 3rd Quarter 2014 Claim Report and Resolution • RESOLUTION NO. R- 2014 -123 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 21 day of October, 2014. ‘ 1/4k ; ral:// Micah Cawley Mayor ATTEST: > -� ' I a I City Clerk z • ...„......„..„ 7-:-,,,.1--ii,-_\ f� rill ) \. Ii ~ n � BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of: October 21, 2014 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 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 3rd Qtr 2014 10/10/2014 Resolution Claim Report 0 3rd Quarter 2014 Claim Report 10/10/2014 Backup Material 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 30, 2014 Auto Bodily Injury (ABI) Total Number of Claims: 1 Total Dollars Paid: $33,000.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 7 Total Dollars Paid: $16,222.35 Employment Practices Liability (EPL) Total Number of Claims: 1 Total Dollars Paid: $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 5 Total Dollars Paid: $0.00 General Liability - Property Damage (GLPD) Total Number of Claims: 21 Total Dollars Paid: $37,365.83 Law Enforcement (LE) Total Number of Claims: 0 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 1 Total Dollars Paid: $60,000.00 General Liability - Personal Injury (GLPI) Total Number of Claims: 0 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 36 TOTAL DOLLARS PAID: $146,588.18 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01/2014 TO 09/30/2014 City of Yakima CIAW Closed Claims Summary by Department Third Quarter 2014 July 1, 2014 through September 30, 2014 Department /Division Closed Total Paid Animal Control Division 0 $0.00 Codes Division 0 $0.00 Community Development Department 0 $0.00 Engineering Division 12 $0.00 Finance Department 0 $0.00 Fire Department 1 $60,000.00 Parks and Recreation Division 2 $0.00 Parking Enforcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 5 $49,222.35 Public Works Department 0 $0.00 Refuse Division 1 $0.00 Streets Division 2 $0.00 Wastewater Division 5 $13,657.37 Water /Irrigation Division 8 $23,708.46 Yakima Air Terminal 0 $0.00 Unallocated by Department 0 $0.00 TOTAL: 36 $146,588.18 • of ,( t - r T City of Yakima Closed Loss Run 7/1/2014 to 9136/2014 as of 10/8/2014 Claim Event Date Date of Event Claimant Date Adjuster Settlement ■ Department Name Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Engineering Division LCYEngi20t4 5/29/2014 5129/2014 5/27/2014 ALPD Chavez, OV hit pothole C 7/18/2014 Riche $0.00 040179 Isaac LCYEng12014 5/29/2014 5/29/2014 5/24/2014 ALPD Robinett, OV hit pothole C 8/2012014 Riche $0.00 040180 Brittany 040290 LCYEngi2014 6/17/2014 6/17/2014 5/25/2014 GLPD Gonzalez, Claimant hit pothole C 7/2812014 Whetstone $0.00 Jessica LCYEngi2014 7/2/2014 7/2/2014 6/17/2014 GLPD Cortez, OV hit othole C 040358 David p 8/8/2014 Whetstone $0.00 LCYEng12014 7!2/2014 7/2/2014 6/15/2014 GLPD Anderson, Claimant ran over rebar 040360 Tim on roadway C 8/8/2014 Whetstone $0.00 LCYEngi2014 717!2014 7!7/2014 6/6!2074 ALPD Davila , Damage to tires from 040376 Rebecca hole in the road C 8/21/2014 Whetstone 80.00 LCYEngi2014 7/9/2014 7/9/2014 7/5/2014 ALPD Garcia, OV hit pothole C 8/21/2014 Whetstone $0.00 LCYEngi2014 7/16/2014 7/16/2014 7/14/2014 GLPD Rodriguez, Claimant hit thole C 040423 Enrique p 8/21/2014 Whetstone $0.00 LCYEngi2014 7/16/2014 7/16/2014 6/4/2014 GLPD Henley, 040424 % Alicia Claimant hit pothole C 8/21/2014 Whetstone $0.00 , 040454 2014 7/22/2014 7/22/2014 7/22/2014 ALPD Osorio, OV hit by sign in road C 9/8/2014 Whetstone $0.00 Laurie LCYEngi2014 7/23/2014 7/23/2014 6/7/2014 GLPD Morales, Claimant hit pothole C 8/28/2014 Whetstone 80.00 040457 Claudia LCYEngi2014 8/27/2014 8!2712014 8!25/2014 GLPD Griff, B an Claimant hit water drain 040604 concrete hole C 9/26/2014 Whetstone 80.00 Sum; $0.00 Claim Event Date Date of Event Claimant Date Adjustor Settlement Department Name Number Reported Claim Date Claim Typo Code Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Fire Department LCYFDD2011 3127/2012 3/27/2012 6/30/2011 WA Campanel 034871 Lisa Wrongful termination C 9/2 612 01 4 Andrus $60,000.00 - - . - - - : Sutra; 860,000.00 • Claim Event Date Date of Event Claimant Date Adjuster Settlement Department Name Number Reported Claim Date Claim Typo Code Full Namo Event Description Claim Status Code Closed Last Name Amount • Yakima Parks & Recreation LCYPark2014 7/29/2014 7/29/2014 7/23/2014 - GLBI Aguilar, Claimant fell inthe park C 8/21/2014 Fletcher 50.00 Division 040482 Jose LCYPark2014 8/6/2014 8/6/2014 7/12/2014 GLPD Espinoza, Theft C 9/24/2014 Whetstone 50.00 040520 Angel Sum: 50.00 Claim Event Date Date of Event Claimant Date Adjustor Settlement Department Name Number Reported Claim Date Claim Typo Code Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Police Department 0030 12/24/2008 12/24/2008 1/1/2003 EPL Johnson, Discrimination C 9/25/2014 Fletcher $0.00 26311 26311 Charity LCYPD20110 11/16/2011 11/29/2011 10/5/2011 ABI Wells, IV rear ended OV C 8/20/2014 Zundel 533,000.00 33897B Connie LCYPD20110 4/17/2012 4/17/2012 8/15/2011 GLBI Manjares, Claimant injured by taser C 8/20/2014 Moore 50.00 35045 Ernesto • LGYPD20140 2/21/2014 2721/2014 2/13/2014 ALPD Verdusw, IV rear -ended OV C 8/25/2014 Fletcher 5488.00 39620 , Gractera LCYPD20140 3/25/2014 3/25/2014 3/23/2014 ALPD Marquez, Insured vehicle rear- C 8/20/2014 Fletcher 515,734,35 39854 Noel ended claimant's vehicle Sum: $49,222.35 Claim Event Date Date of Event Claimant Date Adjuster Settlement Department Name Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Refuse Division LCYRefu2014 6/9/2014 6/9/2014 5/29/2014 GLPD Sanchez, Insured damaged C 7/28/2014 Whetstone 50.00 040221 Guadalupe claimant's gate ■ -___ Sum: 50.00 Claim Event Date Date of Event Claimant Date Adjuster Settlement Department Name Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount Yakima Streets Division LCYStree2014 5/16/2014 5/16/2014 5/12/2014 GLB1 Owens, Claimant fell into a divot C 8/21/2014 Fletcher 50.00 040135 Rachel in parking lot LCYStree2014 9/22/2014 9/22/2014 9/16/2014 GLPD Fauth, Rock hit claimant's 0 10/3/2014 Whetstone $0.00 040718 Carrie windshield Sum: 50.00 Claim Event Date Date of Event Claimant Date Adjuster Settlement Department Name Number Reported Claim Date Claim Type Code Full Name Event Description Claim Status Code Closed Last Name Amount LCYak1201303 Potter, Yakima Wastewater Division 8454 8/29/2013 8/29/2013 8/26/2013 GLPD Corey Sewer backup C 7/18/2014 Whetstone 56,252.09 LCYWaste201 4/14/2014 4/14/2014 3/20/2014 GLPD Wild, Verna Sewer backup C 8/20/2014 Svetich 52,860.88 4039969 i -, LCYWasie201 6/12/2014 6/12/2014 6/2/2014 GLPD Tarlq, Mian Sewer backup C 7/28/2014 Whetstone 50.00 4040258 LCYWaste201 7/9/2014 7/9/2014 6/30/2014 GLPD Snyder, Sewer line damage from C 8/20/2014 Whetstone $2,164.00 4040399 Mary blockage. LCYWaste201 7/30/2014 7/30/2014 5/14/2014 GLPD Hahn Motor Sewer backup C 8/27/2014 Whetstone $2,380.40 4040492 Company Sum: $13,657.37 Claim Event Date Date of Event Claimant Date Adjuster Settlement Department Name Number Reported Claim Date Claim Typo Code Full Name Event Description Claim Status Code Closed Last Name Amount Claimant alleges she Yakima Water & Irrigation Division LCYWater200 10/2012008 10/20/2008 9/15/2008 GLBI Farnsworth, stepped on a faulty C 7/18/2014 Guidinger $0.00 8025879 Lolila manhole cover causing Injury LCYWate201 3/20/2014 3/20/2014 4/20/2012 GLBI Cordte, Claimant fell in manhole C 9/25/2014 Fletcher $0.00 2039832 Kelly LCYWatef101 3/11/2014 3/11/2014 12/3/2013 GLPD Renecker, Water expense C 7/28/2014 Riche $40.00 3039743 Dale LCYWate201 6/20/2014 6/20/2014 /$######/# GLPD Worden, Water damage C 8/20/2014 Whetstone $600.94 3040306 Louise LCYWater201 4/28/2014 4/28/2014 4/24/2014 GLPD Hahn, Water damage C 9/24/2014 Svetich $23,067.52 4040054 Richard LCYWater2Ol Chestnut 4040127 5/15/2014 5/15/2014 5/14/2014 GLPD Court Sprinkler damage C 7/18/2014 Whetstone $0.00 Anartmonfa LCYWate201 7/3/2014 7/3/2014 6/18/2014 GLPD Centurylink Buried cable damage C 8/27/2014 Whetstone $0.00 4040371 LCYWater201 8/19/2014 8/19/2014 7/8/2014 GLPD Hopkins, Claimant's water line C 9/26/2014 Whetstone $0.00 4040566 Salty damaged Sum: $23,708.46 Count: 36 Sum: Sum: $146,688.18 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 Outcome Claimant By WSTIP ALC28PT2012028719 3/1/2012 3/5/2012 Moore, Jason 64th Ave. and Washington ALC C Paratransit collision with 8/15/2014 $16,451.00 Settled Ave. vehicle 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.