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Home My WebLink About02/03/2015 05A 4th Quarter 2014 Claim ReportBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of: February 03, 2015 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: 4th Quarter 2014 Claim Report and Resolution authorizing and approving 4th 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 4th 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-2014-133 was adopted on November 4, 2014. 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, Gary Garza v. City of Yakima, U. S. District Court of Washington Case No. CV -13- 3031 -TOR, the case settled for $10,000 in June 2014; the City's insurance company paid the settlement amount which was above the City's deductible. 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 fourth quarter 2014: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 4th Quarter 2014; and (4) WSTIP closed claims for the 4th Quarter 2014. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 4th 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 4th Qtr 2014 Claim Report Upload Date 1/14/2015 Type Resonution 4th Quarter 2014 Claim Report 1/14/2015 Backup Materna° RESOLUTION NO. R -2015- A RESOLUTION accepting and approving the 4th 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 4th 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 February, 2015. ATTEST: Micah Cawley, Mayor City Clerk CITY OF YAKIMA 4th Quarter Claim Report 2014 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 10/01/2014 TO 12/31/2014 City of Yakima CIAW Closed Claims Summary by Type of Claim Fourth Quarter 2014 October 1, 2014 through December 31, 2014 Auto Bodily Injury (ABI) Total Number of Claims: 4 Total Dollars Paid: $8,007.16 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 6 Total Dollars Paid: $6,917.13 Employment Practices Liability (EPL) Total Number of Claims: Total Dollars Paid: 0 $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: 1 Total Dollars Paid: $29,000.00 General Liability - Property Damage (GLPD) Total Number of Claims: 19 Total Dollars Paid: $3,349.64 Law Enforcement (LE) Total Number of Claims: Total Dollars Paid: Wrongful Acts (WA) Total Number of Claims: Total Dollars Paid: 1 $0.00 2 $0.00 General Liability - Bodily Injury/Sexual Allegation (GLBIS) Total Number of Claims: 1 Total Dollars Paid: $12,000.00 TOTAL NUMBER OF CLAIMS: 34 TOTAL DOLLARS PAID: $59,273.93 CIAW CLAIMS SUMMARY BY DEPARTMENT 10/01/2014 TO 12/31/2014 City of Yakima CLAW Closed Claims Summary by Department Fourth Quarter 2014 October 1, 2014 through December 31, 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 11 $0.00 Finance Department 0 $0.00 Fire Department 0 $0.00 Parks and Recreation Division 1 $2,375.00 Parking Enforcement Division 0 $0.00 Planning Division 0 $0.00 Police Department 11 $15,071.17 Public Works Department 0 $0.00 Refuse Division 0 $0.00 Streets Division 7 $39,591.35 Wastewater Division 1 $2,236.41 Water/irrigation Division 2 $0.00 Utility Services Division 1 $0.00 Unallocated by Department 0 $0.00 TOTAL: 34 $59,273.93 CIAW CLOSED CLAIMS 10/01/2014 TO 12/31/2014 City of Yakima Closed Loss Run 10!1/2014 to 1213112014 as of 111 312 0 1 5 Department Name YakmaEngneerngDivision Claim Number LCYFslgi2D14 040637 Event Date Reported 914!2014 Date of Clam 9141Zg14 Event Date 719!2014 Claim Type Code GLPD Claimant Full Name Brown, .lames Event Description Glalmant'swhseichairtire0 damaged Claim Status Code Date Closed 1012412014 Adjuster Last Name Whetstone, Settlement Amount 90.00 LCYEngi2014 040652 9/8/2014 918!2014 9/8/2014 GLPD Martinez Jr, Santiago Road sign hit claimant's vehicle C 10/24/2014 Whetstone 90.00 LCYEngi2014 040709 9/19/2014 9/19/2014 8/4/2014 ALPO Schafer, Melissa DV damaged on street 0 10/24/2014 Whetstone 90.00 LCYEhg 2014 040723 9/23/2014 9/23/2014 9/18/2314 GLPD Mendoza, Imelda windshield damage C 10/30/2014 Whetstone $0.00 LCYEngi2014 040737 9/25/2014 9125/2014 8/22/2014 GLPD Baker. Michelle Claimant hit pothole C 1012412014 whetstone $0.00 LCYEngl2014 040786 1012)2014 10!212014 9/2712314 GLPD vl✓3ddows' Jeffrey Claimant hit pothole C 11/7/2014 Whetstone 50.00 LCYEngi2014 040812 101717.014 1017/2014 9/19/2014 GLPD Chavez, Ramiro Claimant hit pothole C 11/14/2014 Whetstone 90.00 LCYEngi2014 040868 10!15!2014 10/1512014 10112/2014 GLPD Feeler. Glenn Claimant's vehicle hit pothole C 11/21/2014 Whetstone $0.00 LCYEngi2014 041030 1111412014 1111412014 9/12/2014 GLPDMartinez, Rigoberto Claimant € titmanhate cover 0 12/18/2014 Whetstone $0.00 LCYStree20141012212014 040007 70!22!2014 10/22/2014 GLPD Brown, David Claimant hit loose manhole cover C 12/5/2014 Whetstone $0.00 LCYSIree2014 041038 11/14/2014 11/14!2014 11/9/2014 GLPD Pieger, Gregg Tire damaged on curb 0 12l19/2014 Whetstone $0.00 Sum: 90.00 Claim Event Date Department Name Number Reported Dale of Claim Event Date Yakima Parks & Recreation ph/is-ton LCYPark2013 6/10/2013 6/1012013 038024 6/712013 Claimant Adjuster Settlement Claim Type Code Full Name Event Description Claim Status Coda Date Closed Last Name Amount GLPD Pridemore. Tree fell on claimant's C Sharon vehicle 12/5/2014 Svetich 92,375.00 Sum: 92,375.90 Department Name Yakima Pace Department Claim Event Date Number Reported Date of Claim Event Date Claim Type Code Full (Same Event Description Claim Status Code Date Closed Last Name Amount Ctalmant Adjuster Settlement ACYPD20070 2/10/2010 2/10/2010 29065 1/112007 WA Fowler, Ritchie Harassment issue C 11/21/2014 Svetich 90.00 LCYPD20100 25623 11212013 1/212013 113/2010 GLBIS Elkins, Katie Alleged Sexual misconduct C 10/24/2014 Guidinger 912,000.00 LCYPD2D110 33897A 11116/2011 11116/2011 10/5/2011 ALPO Wells, Connie frrear ended ON/ C 11/18/2014 Zundel 91,024.65 Department Name Yakima Streets Division LCYPO20110 35668 7112/2012 7/12/2012 10/3/2011 WA Garza, Gary' Discrimination Claim C 11121/2014 Svetich $0.00 Claimant tripped on uneven sidewalk LCYP020130 39805 3117!2014 3117/2014 -0!30!2013 LE Brannin, William Cell phone not returned to claimant C 10124!2014 Svelich 00.00 62,551.78 LCYPD20130 39989A 4/1612014 4/1612014 7/17/2013 ALPO Safeco Insurance ['nmonnv or._ OV hit IV 0 11/2112.014 Lowe 50.00 60.00 LCYPD20730 39489E 4/16/2014 4/17/2014 711712013 ABI Spudock' Teresa OV hit IV C 11/21/2014 Lowe 60.00 65,304.66 LCYPD20140 40239 6110/2014 6/1012014 4!612014 GLPD Lockbeam. Arnold Door damaged by insured C 12131/2014 Svelich 60.00 02,802.60 LCYPO20140 40525 8/3/2014 816/2014 8/6/2014 GLPO Magdalena, Cartagena Claimant's vehicle lowed 0 11/7/2014 Moore $0.00 $0.00 LCYP02014010!812014 40824 LGYSlree201410/1/2014 040770 101812014 9/12/2014 gLpO Reneau, Nicole Claimant ran over spike strip C 11/7/2014 Whetstone $942.23 $32A1 LCYP0aki201 4040915 10/23/2014 10/23/2014 10/11/2014 ALPO Dally. Robert lnsured'svehicle door hit other vehicle C 12!1812014 Carrell $1.10429 539,591.35 Sum: 515.071.17 Department Name Yakima Streets Division Claim Number LCYStree2012 039496 Event Date Reported 2/312014 Date of Claim 21312014 Event Date 6/20/2012 Claim Type Code GL6i Claimant Full Name Burton. Isaac Event Description Claim Status Codn C , Date Closed 12/5/2014 Adjuster Last Name Beret/ Settlement Amount 529,000.00 Claimant tripped on uneven sidewalk LCYStree2013 039035A 11/18/2013 11/18/2013 11/12/2013 ALPO Ayon' Senon 1V rear ended OV C 11/21/2014 Fletcher 62,551.78 LCYStree2013 039036B 11/18/2013 11/18/2013 11/12/2013 A81 Vargas' Jose IV rear ended OV C 11121/2014 Fletcher 60.00 LCYSfree2013 0390360 11/18/2013 11/22/2013 11/1212013 ABI Ayon' Jimrny IV rear ended OV C 11/21/2014 Fletcher 65,304.66 L3C9 0201311/18/2013 11/222013 11/12/2013 AHI Senor IV rear ended CV C 1 1121 /2 01 4 Fletcher 02,802.60 LCYSiree2074 040718 9122/2014 9!22/2014 9116/2014 GLPO Fauth, Carrie Rock hitcla'unant's windshield C 10/3/2014 Whetstone $0.00 LGYSlree201410/1/2014 040770 10/1/2014 9/2912014 GLPD Scheuffeie. Brook Claimant's mirror damaged C 10/30/2014 Fletcher $32A1 Sum: 539,591.35 Department Name Claim Event Dote Claimant Adjuster Settlement Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Utility Services Division LCYL35120140 10/8/2014 10/8/2014 40826 2/3/2014 GLAD Sorenson, Water meter reading Mike error 12/18/2014 Whetstone $0,00 Sum: 50.00 Department Name Claim Event Date Claimant Adjuster Settlement Number Reported Date of Claim Event Date CralmType Code Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Wastewater Division LCYWaste201 3039040A11119!2013 11/10/2013 1111212013 ALPO Fernandez, Retreata lV rear ended OV C 12/1812014 Fletcher U.235.41 Sum: 62,236A1 Department Name Claim Event Date Claimant Adjuster Settlement Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Water & Irrigation Division LCYWater201 11121/2013 11/21/2013 3039061 11/13/2013 GLPD Shuler, Twyta Claimant's water line brake C 12/18/2014 Whetstone` 30.00 LCYWater201 4040843 10/13/2014 10/13/2014 8118/2014 GLPD Crawford, Robert $ Shamn Water damage C 11/14/2014 Whetstone 30.00 Sum: 50.00 Count 34 Sum: Sum: 553,273.93 WSTIP CLOSED CLAIMS 10/01/2014 TO 12/31/2014 Yakima Transit Closed Claims -1010112014 -1213112014 Claim/Event Number Event Date Date of Claim Claimant Location Type Status Description Date Closed Total Paid To Claimant By WSTIP Outcome GL28PT2013030468 2/28/2013 6/13/2013 Schamanski, Tiffany GL C incidents or Disputes 10/19/2014 $0.00 Closed No Pay VA2014031879 4/28/2014 6/4/14 Aguilar, Jose lst St. and E, Oak St. ABI C Boarding & Alighting 11/17/14 $0.00 Denied VA2014032502 11/26/2014 21/2/14 Allen, Teri 17th St. just north of E. Chestnut ALPD C Collision wNehicle 12/3/2014 $0.00 Denied VA2014032138 8/5/2014 8/14/2014 Petersen, Edward Powerhouse Rd. ALC C Collision wNehicle 12/23/2014 $500.00 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.