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HomeMy WebLinkAboutR-2015-015 4th Quarter 2014 Claim Report RESOLUTION NO. R- 2015 -015 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 3rd day of February, 2015. Micah awley, Mayor ATTEST: � * 1, 1i ) S 4 •••"‘ City Clerk 7 ink I 0 ti • * BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of: February 03, 2015 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 showthe 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 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 4th Qtr 2014 Claim Report 1/14/2015 Resolution ❑ 4th Quarter 2014 Claim Report 1/1412015 Backup Material 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: 0 Total Dollars Paid: $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: 1 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 2 Total Dollars Paid: $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 CIAW 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 $S9,273.93 CIAW CLOSED CLAIMS 10/01/2014 TO 12/31/2014 City of Yakima Closed Loss Run 10/112014 to 12/3/12014 as of 1/13/2015 4'-.AW Claim Event Dale Claimant Adjuster Settlement Department Name Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Dale Closed Last Name Amount Yakima Engineering Division LCYEngi2014 9/4/2014 9/4/2014 7/9/2014 GLPD Brown, Claimant's wheel heir6re C 10/2412014 Whetstone 50.00 040637 James damaged LCYEngi21714 9/014 9/8/2014 9/8/2014 GLPD Martinez Jr, Road sign hit claimant's C 10/24/2014 Whetstone 30.00 040652 Santiago vehicle LCYEngi2014 9/19/2014 9/1912014 8/4/2014 ALPO Schafer, DV damaged on street C 1024/2014 Whetstone $D.DD 040709 Melissa LCYEng12014 9/23/2014 9/23/2014 9/18/2014 GLPD Mendoza Windshield damage C 10/30 /2014 Whetstone 50.00 040723 Imelda LCYEngi2014 9f252014 9/25/2014 8/22/2014 GLPD Baker. Cl Michelle pothole C 10242014 uWeklone 50.00 040737 Michelle LCYEng12014 10/2/2014 10/2/2014 9/272014 GLPD NBddwrs, Claimant hit pothole C 11!7/2014 Whetstone 30.00 040786 Jeffrey LCYEng2014 10/7/2014 10/7/2014 9/192014 GLPD Chavez, Claimant hit pothole C 11/14 /2014 Whetstone 50.0D 040812 Ramiro LCYEngi2074 10715/2014 10/15/2014 10/12/2014 6190 Foster. Claimants vehicle hit C 11/21/2014 Whetstone 50.00 040868 Glenn pothole LCYEng12074 11/142014 11/14/2014 9/12/2014 GLPD Martinez, Claimant hit manhole C 12/18/2014 Whetstone 30.00 041030 Rigoberto cover LCYStree2014 10/222074 10/222014 GLPD Brown, Claimant hit loose C 12/5/2014 Whetstone 50.00 040907 David manhole cover LCYSVee2014 11/14/2014 11/9/2014 GLPO Pieger. Tire damaged on curb C 12/192014 Whetstone 50.00 041038 Gregg Sum: 50.00 • Claim Event Date Claimant Adjuster settlement Department Name Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Parks & Recreation LCYPerir2013 Pridemore. Tree fell on claimants Division 038024 6/10/2013 6(102013 6172013 GLPD Sharon vehicle C 12/5/2014 Svetich 52,375.00 Sum: 52,375.80 Claim Event Date Claimant Adjuster Settlement Department Name Number Reported Date of Claim Event Date Claim Type Cede Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Police Department ACYPO20070 2/10/2010 2/10/2010 1/1/2007 WA Fowler' Harassment C 11/21 /2014 Svetich 50.00 29065 Ritchie LCYPD20100 1/272013 1/2/2013 1/3/2010 GLBIS EOdns, Niegetl Sexuat C 10/24/2014 Geldings/ 512,000.00 36823 Katie misconduct LCYPD20110 11/16/2011 11/16/2011 10/5/2011 ALPD Wells, Kt rear ended0V C 11/18/2014 Zundel 31.024.66 33897A Connie LCYPD20110 7/12/2012 7/12/2012 10/3/2011 WA Garza, Gary Discrimination Claim C 11/21/2014 Svetich 50.00 35658 . LCVPO20190 311712014 3/1](2014 4/30/2013 LE Bmnnin, Cell phone not returned 0 10/24/2014 Svetich 50.00 39808 VWIliam to claimant LCYPD20130 Safeca 39989A 4/16/2014 4/16/2014 7/17/2013 ALPD Insurance OV hit IV 0 11/21/2014 Lowe 50.00 mmnonv nr LCYPD20130 4/162014 4/17/2014 7/17/2013 ABI Sputledc' OV hit C 1121/2014 Lowe 50.00 399090 Teresa LCYPD20140 6/10/2014 6/10/2014 4/62014 GLPD Lpekbeam. Door damaged by C 12/31/2014 Svetich 50.00 40239 Amoid insured LCYPD20140 8/312014 8/6/2014 816 /2014 GLPD Magdalene, Gaimant's vehicle lowed C 112/22014 Moore 50.00 40525 Cartagena LCYPD20140 10/8/2014 10/8/2014 9/12/2014 GIPD Reneau, Claimant ran over spike 0 11 /7/2014 Whetstone 5942.23 90824 Nicole strip LCYPDaki201 10/23/2014 10/23/2014 10/11/2014 ALPD Dally Insureds vehicle doarhil0 12/18/2014 Correll $1.104.29 4040915 Robert other vehicle Sum: 315,071.17 • Claim Event Date Claimant Adjuster Settlement Department Name Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code • Date Closed Last Name Amount Yakima Streets Division 2/3/2014 2/32014 2/3/2014 6/20/2012 GLBI Burton, Claimant ldppetl an 0 12/5/2014 Bore 529,000.00 039496 Isaac uneven sidewalk L 03 G 9 Y O 5 3 V 6 e A e2013 11/18/2013 11/18/2013 11/12/2013 ALPD Senor 1V rear ended OV C 11/21/2014 Fletcher 52.551.78 LCYSIree2073 11/182013 11/12/2013 ABI Vargas' IV rear ended OV C 11/21/2014 FlMCher 50.00 039036B Jose LCYSiree2013 11/22/2013 11/12/2013 ABI Ayon, IV rear ended OV C 11/21/2014 Fletcher 55,20456 039036C Jimmy LCYStree2013 11222013 11/122013 ABI Senor IV rear ended OV C 11/21/2014 Fletcher 52,802.60 LCYSiree2014 9/2212014 9/22/2014 91162014 GLPD Fame. Rock hit claimants 0 10/3/2014 Whetstone 50.00 040718 Carrie windshield LCYSIree2014 10/1/2014 10/1/2014 9/29/2014 GLPD Scheufide. Claimants mirror C 10/30/2014 Fletcher $32.41 040770 Brook damaged Sum: 539,591.35 Claim Event Date Claimant Adjuster Settlement __ Department Name Number Reported Date of Claim Event Dale Claim Type Code Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Utility Services Division LCYU8120140 10/82014 1018/2014 2/3/2014 GLPD Sorenson, Water meter:ceding C 12/18/2014 Wnetslone 50,00 40826 Mike error Sum: 50.00 Claim Event Dale Claimant Adjuster Settlement Deparimont Name Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Dale Closed Last Name Amount Yakima Wastewater Division LCYWaste201 11/192013 11/19/2013 11/12/2013 ALPO Fernandez, IV rear ended OV C 191812014 Fletcher $2,23641 3039040A Rebecca Sum: 52,236/11 Claim Event Date Claimant Adjuster Settlement Department Name Number Reported Date of Claim Event Date Claim Type Code Full Name Event Description Claim Status Code Date Closed Last Name Amount Yakima Water &Irdgatian Division LCYW 11212013 1112112013 11/132013 GLPD , C 12/102014 2014 Whetstone 50.00 30390fi1 aler201 Shiner . Claimant's water line Twyta brake LCYWater201 Crawford, 4040843 10/13/2014 10/13/2014 8/18/2014 GLPD Robert& Water damage C 11/14/2014 Whetstone $0.00 Smarm Sum: 50.00 Count 34 Sum: Sum: 559,273.93 WSTIP CLOSED CLAIMS 10/01/2014 TO 12/31/2014 Yakima Transit Closed Claims - 10/01/2014 - 12/31/2014 Claim /Event Number Event Date Date of Claim Claimant Location Type Status Description Date Closed Total Paid To Outcome Claimant By WSTIP 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 1st 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. ALPD C Collision wNehicle 12/3/2014 $0.00 Denied Chestnut 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.