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Home My WebLink AboutR-2005-159 3rd Quarter Claims ReportRESOLUTION NO. R-2005-159 A RESOLUTION accepting and approving the 3rd Quarter 2005 Claim Report for the City of Yakima. WHEREAS, the City of Yakima self insures as to most claims; and WHEREAS, the Transit Division is in the Washington State Transit Insurance Pool ("WSTIP") effective September 1, 2005; and WHEREAS, the attached Claim Report contains information on the various claims submitted to the City of Yakima along with the disposition; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached and incorporated 3rd Quarter 2005 Claim Report, together with all payments and disbursements listed therein, is hereby accepted, approved, affirmed, and ratified. ADOPTED BY THE CITY COUNCIL this 18th day of October, 2005. ATTEST: City Clerk 4 Paul P. George, Mayor MARSH CITY OF YAKIMA 3rd Quarter Claim Report - 2005 Prepared by: Joel Pearson, Senior Vice President Deb Krautwurm, Senior Vice President CITY OF YAKIMA CLAIM REPORT INDEX 1. 16 YEAR SUMMARY PAID CLAIM SUMMARY BASED ON YEAR OF OCCURRENCE 2. 2005 TYPE OF LOSS BREAKDOWN CLAIMS THAT OCCURRED AND WERE PAID IN 2005 3. 2005 DEPARTMENTAL SUMMARY CLAIMS THAT OCCURRED AND WERE PAID IN 2005 4. 2005 CLAIMS BY DEPARTMENT (DETAILED LISTING) CLAIMS THAT OCCURRED AND WERE PAID IN 2005 5. DETAILED LISTING OF OPENED & CLOSED CLAIMS 2005 ALL CLAIMS OPENED OR CLOSED IN 2005 6. CLOSED CLAIMS 01/01/2005 TO 09/30/2005 ALL CLAIMS CLOSED DURING 2005 16 YEAR SUMMARY CITY OF YAKIMA 16 YEAR CLAIM SUMMARY FOR THE PERIOD OF 01/01/2005 TO 09/30/2005 Total number of claims are based on the year in which they occurred, not the year they were reported. NUMBER OF CLAIMS 1990 1991 1992 1993 A Total Occurrences 90 109 112 118 B Open Claims 0 0 0 0 C Closed - No Payment 27 47 43 57 D Closed - With Payment 63 62 69 61 COST OF CLAIMS A Paid Claims $117,642.44 $86,608.27 $246,315.63 $256,527.50 NUMBER OF CLAIMS 1994 1995 1996 1997 A Total Occurrences 136 120 166 169 B Open Claims 0 1 0 1 C Closed - No Payment 64 49 45 44 D Closed - With Payment 72 70 121 124 COST OF CLAIMS A Paid Claims $196,576.96 $214,359.92 $169,571.45 $317,14163 NUMBER OF CLAIMS CITY OF YAKIMA 16 YEAR CLAIM SUMMARY PAGE 2 1998 1999 2000 2001 A Total Occurrences 155 114 97 126 B Open Claims 1 0 3 0 C Closed - No Payment 55 41 33 51 D Closed - With Payment 99 73 61 75 COST OF CLAIMS A Paid Claims $7,323,854.30 (1) $245,114.49 $162,058.50 $267,122.83 NUMBER OF CLAIMS 2002 2003 2004 2005 A Total Occurrences 164 139 135 81 B Open Claims 9 6 14 33 C Closed - No Payment 53 34 38 7 D Closed - With Payment 102 99 83 41 COST OF CLAIMS A Paid Claims $462,040.78 $174,893.37 $198,427.89 $78,133.45 Compiled on 10/04/2005 from the records of Zaremba Claims Service, Inc. Paid Claims 500,000.00 450,000.00 400,000.00 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 CITY OF YAKIMA Paid Claims ■ Total Paid 1990 1991 1992 1993 1994 1995 1996 1997 1998(1) 1999 2000 2001 2002 2003 2004 2005 (1) The claim summary for the year 1998 includes the case of Murphy, et al. v. City of Yakima, et al., Yakima County Superior Court Cause No. 99-2-00611-8, which was a class action case alleging damages due to wastewater odors with approximately 3,500 residents in the defined class area. The initial damage claims were filed on May 14, 1998; for the purpose of this claim summary only, an occurrence date was assigned of May 14, 1998. Plaintiffs alleged a continuing occurrence. In 2003, the case settled for $7,000,000. 2005 TYPE OF LOSS BREAKDOWN CITY OF YAKIMA SUMMARY OF THIRD PARTY CLAIMS BY TYPE OF LOSS CLAIMS THAT HAVE BEEN PAID AND OCCURRED DURING THE PERIOD FROM 01/01/2005 TO 09/30/2005 TYPE OF CLAIM OPEN CLOSED PAID TO DATE Automobile Liability 7 14 7,392.25 Errors & Omissions 4 6 4,525.83 General Liability 22 28 66,215.37 TOTALS ALL DEPARTMENTS 33 48 Compiled on 10/04/2005 from the records of Zaremba Claims Service, Inc. $78,133.45 CITY OF YAKIMA SUMMARY OF THIRD PARTY CLAIMS BY TYPE OF LOSS BASED ON PAID AMOUNT • ■ Automobile Liability ■ Errors & Omissions ■ General Liability 2005 DEPARTMENTAL SUMMARY CITY OF YAKIMA DEPARTMENTAL THIRD PARTY LIABILITY CLAIMS SUMMARY CLAIMS THAT HAVE BEEN PAID AND OCCURRED DURING THE PERIOD FROM 01/01/2005 TO 09/30/2005 TYPE OF CLAIM OPEN CLOSED TOTAL PAID General Administration 0 0 Parks and Recreation 2 3 Public Works 0 0 Refuse 3 6 Water 3 2 Sewer 5 7 Police 2 9 Streets 8 5 Fire 0 0 Transit 3 5 Engineering 5 9 Animal Control 0 0 Other - Unallocated 0 0 Community and Economic 2 2 0.00 701.82 0.00 386.75 890.76 29,81825 6,393.74 4,783.56 0.00 3,152.87 32,005.70 0.00 0.00 0.00 TOTALS ALL DEPARTMENTS 33 Compiled on 10/04/2005 from the records of Zaremba Claims Service, Inc. 48 $ 78,133.45 Departmental Third Party Liability Claims for 2005 Based on Paid Amount ■ General Administration ■ Parks and Recreation ❑ Public Works ❑ Refuse ■ Water ❑ Sewer • Police • Streets 0 Fire ❑ Transit IN Engineering II Animal Control ■ Other - Unallocated ■ Community and Economic 2005 CLAIMS BY DEPARTMENT (Detailed Listing) CITY OF YAKIMA Summary of Third Party Claims for the Department of Parks and Recreation For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY25008 SMITH, H. WAYNE & GRACE 1/25/2005 CITY PARKS DEPARTMENT VEHICLE REAR-ENDED CLAIMANT VEHICLE NOB HILL AND 1ST STREET CLOSED Total Paid for Automobile Property General Liability CTY25035 VINCENT, LENORE & MAX 5/1/2005 CLAIMANT SCREEN AND WINDOW BROKEN BY GOLFBALL CTY25046 HARRIS, BRENDA AND CORY 5/20/2005 CLAIMANT TRIPPED IN PARKING LOT CTY25082 VINCENT, LENORE & MAX 8/6/2005 GOLF BALL BROKE CLAIMANT WINDOW CTY25069 WILKEY, NIKKI & JAMES 7/21/2005 UNPRUNED CITY TREE LIMB ALLEGEDLY DAMAGED CLAIMANT MOTOR HOME Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. 3905 WEBSTER AVENUE, APT F SECOND AND 'A' STREET 2006 LOMBARD LANE IN YAKIM 101 E. YAKIMA AVENUE Total Paid for General Liability Total Paid All Claims Page 1 CLOSED CLOSED OPEN OPEN $525.85 $525.85 $100.97 $75.00 $0.00 $0.00 $175.97 $701.82 CITY OF YAKIMA Summary of Third Party Claims for the Department of Refuse For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY25033 NYBERG, THEODORE & SANDRA 4910 PRESTIGE CT. CLOSED $59.51 4/11/2005 CLAIMANT ALLEGES REFUSE TRUCK RAN OVER LAWN AND DAMAGED CLAIMANT SPRINKLERS CTY25029 HATTERY, TRISHA 922 S. 37TH AVENUE CLOSED $71.00 3/29/2005 ARM OF REFUSE TRUCK DAMAGED CLAIMANT MAILBOX AND POST CTY25081 EVANS, NICOLE 1401 S. 30TH AVENUE OPEN $0.00 8/17/2005 CITY REFUSE TRUCK IMPACTED CLAIMANT'S PARKED VEHICLE CTY25071 ORTHOPEDICS NORTHWEST, PLLC ALLEY RETURN CHESTNUT & Y OPEN $0.00 7/20/2005 REFUSE TRUCK STRUCK POLE, CAUSING DAMAGE TO CLAIMANT'S FIBER LINE CTY25066 PACIFIC POWER 1012 N. 4TH STREET IN YAKIMA OPEN $0.00 4/22/2005 CITY REFUSE TRUCK ALLEGEDLY DAMAGED CLAIMANT POLE CTY25005 GARTON, DEWAYNE & VIRGINIA 1502 E. VIOLA STREET CLOSED $124.59 1/5/2005 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY25051 GONZALEZ, ANGELA & JESUS 914 N. 29TH AVENUE CLOSED $75.00 5/17/2005 GARBAGE TRUCK HIT CLAIMANT FENCE CTY25010 CHIN, GORDON & GRACE 1204 'B' S. 43RD AVENUE IN YAK CLOSED $16.65 1/24/2005 CITY REFUSE TRUCK DAMAGED CLAIMANT MAILBOX Total Paid for Automobile Property $346.75 General Liability CTY25034 MALMASSARI, ERIC & COLLEEN 110 N. 25TH AVENUE CLOSED $40.00 4/14/2005 CITY REFUSE WORKER ALLEGEDLY DAMAGED CLAIMANT FENCE Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid for General Liability $40.00 Total Paid All Claims $386.75 Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Water For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY25002 GODFREY, KENNETH & HELEN E. "B" ALLEY BETWEEN 2ND AN CLOSED $890.76 1/5/2005 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE Total Paid for Automobile Property $890.76 General Liability CTY25068 TABOR, RICK & RHONDA 16TH & MCCLEARN CLOSED $0.00 7/19/2005 CLAIMANT FELL IN HOLE NEAR FIRE HYDRANT SITE CTY25039 STEWARD, SHARI RENA 604 S. 20TH AVENUE OPEN $0.00 5/9/2005 CLAIMANT FELL IN WATER METER HOLE CTY25038 QWEST AREA CLAIMS OFFICE AT THE REAR OF 1308 MCKINLE OPEN $0.00 3/1/2005 CITY WORKERS ALLEGEDLY DAMAGED 25 PAIR BURIED CABLE WHILE DOING WATER EXCAVATION CTY25085 SCOTT, MARY BAILEY, KITTY CORNER TO 611 OPEN $0.00 8/7/2005 CITY WORKERS DAMAGED CLAIMANT'S SEWER PIPE Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid for General Liability $0.00 Total Paid All Claims $890.76 Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Sewers For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate General Liability CTY25060 ARMSTRONG, B.J. & LAURIE 108 S. 9TH AVENUE CLOSED $268.24 6/13/2005 SEWER BACKUP CTY25024 HOWELL, CHRIS & ANNGLA 38 W. LOGAN OPEN $8,550.79 3/15/2005 SEWER BACKUP CTY25023 WRIGHT, ALLEN 1406 LEDWICH OPEN $7,284.17 3/15/2005 SEWER BACKUP CTY25090 FAY, STEVEN TODD AND KRISTIN 3010 W. LINCOLN AVENUE OPEN $0.00 9/7/2005 SEWER BACKUP CTY25057 DANFORTH, JASON & CHRISTA 1704 MONROE AVENUE CLOSED $579.00 4/20/2005 SEWER BACKUP CTY25027 YOUNG, MURRELL & PAMELA 5415 ENGLEWOOD AVENUE CLOSED $4,394.49 3/7/2005 SEWER BACKUP CTY25007 MCGOWAN, GARY & CARMEN 821 N. 18TH AVENUE CLOSED $5,131.96 1/14/2005 SEWER BACKUP CTY25088 HOBBS, RALPH & JEAN 103 N. 40TH AVENUE OPEN $0.00 8/31/2005 SEWER BACKUP CTY25056 VIVIAN, WILLIAM 615 S. 26TH AVENUE CLOSED $460.92 5/16/2005 SEWER BACKUP CTY25084 SEVERN, HELEN 401 S. 11TH AVENUE IN YAKIMA OPEN $0.00 8/30/2005 SEWER BACKUP CTY25036 VON ESSEN, LINDA & DAVID 1704 MONROE AVENUE IN YAKI CLOSED $1,925.66 4/20/2005 SEWER BACKUP CTY25030 JONES, RONALD & TERESA 715 N. 46TH AVENUE CLOSED $1,223.02 4/1/2005 SEWER BACKUP Total Paid for General Liability $29,818.25 Total Paid All Claims $29,818.25 Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Police For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY25031 SCHMIG, DUANE W. CHESTNUT CLOSED $2,152.32 4/4/2005 POLICE VEHICLE BACKED INTO CLAIMANT VEHICLE Total Paid for Automobile Property $2,152.32 Errors and Omissions CTY25014 HIXSON, JOHN ACTION TOWING CLOSED $63.66 2/7/2005 CLAIMANT CHARGED STORAGE FEES WHILE AWAITING NOTIFICATION OF RECOVERY OF VEHICLE CTY25091 VASQUEZ, TRINIDAD 113 S. UNION STREET OPEN $0.00 5/16/2005 CLAIMANT ALLEGES VEHICLE BEING ILLEGALLY HELD BY POLICE CTY25059 CONATSER, JUSTIN YAKIMA, WASHINGTON CLOSED $1,265.37 6/7/2005 POLICE STRUGGLED WITH A SUSPECT, WHO FELL AND DENTED CLAIMANT'S VEHICLE CTY25028 ALLEN, TAMRA MARIE 8530 12TH PINE IN EVERETT, W CLOSED $600.00 1/1/2005 CLAIMANT ALLEGEDLY ARRESTED IN ERROR CTY25067 KNDO-TV YAKIMA POLICE STATION CLOSED $0.00 7/7/2005 CITY SECURITY GUARD ALLEGEDLY PLACED CLAIMANT CAMERA ON A TABLE IN AN UNSAFE MANNER DURING INSPECTION, CAUSING IT TO FALL CTY25032 CHAVEZ, SONIA YAKIMA, WASHINGTON CLOSED $0.00 4/1/2005 POLICE OFFICER LOST CLAIMANT DRIVER'S LICENSE Total Paid for Errors and Omissions $1,929.03 General Liability CTY25020 VASQUEZ, ALBERT & LUZ 303 S. 9TH STREET IN YAKIMA CLOSED $2,043.89 2/23/2005 YAKIMA POLICE OFFICERS ALLEGEDLY DAMAGED CLAIMANT VEHICLE Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Police For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate CTY25098 VASQUEZ, ERNESTINA 600 - 700 BLOCK OF WALNUT OPEN $0.00 8/26/2005 CLAIMANT ALLEGES THAT SHE IS NOT RESPONSIBLE FOR TOW BILL AS HER VEHICLE WAS STOLEN WHILE SHE WAS IN JAIL CTY25086 PLATT, JENNIFER AND JUSTIN CLOSED $268.50 7/17/2005 VEHICLE ILLEGALLY TOWED BY POLICE CTY25022 BELL, JIM & LUPE 401 1/2 N. NACHES AVENUE CLOSED $0.00 3/2/2005 YAKIMA POLICE BROKE CLAIMANT'S DOOR WHILE LOOKING FOR SUSPECT Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid for General Liability $2,312.39 Total Paid All Claims $6,393.74 Page 2 CITY OF YAKIMA Summary of Third Party Claims for the Department of Streets For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile Property CTY25011 WENTZ, EDWARD 216 S. 34TH AVENUE CLOSED $323.70 1/1/2005 SNOW PLOW DAMAGED CLAIMANT PROPERTY CTY25095 FISCHER, MILTON & SANDRA YAKIMA, WA OPEN $0.00 9/24/2005 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE Total Paid for Automobile Property $323.70 General Liability CTY25096 ASBURY, DON & NANCY 1109 S. 42ND AVE OPEN $0.00 8/15/2005 CLAIMANT ALLEGES CITY ROAD WORK CAUSED CLAIMANT IRRIGATION LINE TO LEAK CTY25025 HESSENTHALER, WALTER RITE AID ON SUMMITVIEW CLOSED $2,500.00 3/16/2005 PART OF CITY TREE FELL ON CLAIMANT'S CAR, CAUSING DAMAGE CTY25079 BAK, MICHAEL 16TH AVE, BETWEEN TIETON & CLOSED $867.38 8/10/2005 ROCKS FROM CITY DUMPTRUCK DAMAGED CLAIMANT'S VEHICLE CTY25075 TIDRICK, DARRELL EAST MEAD OPEN $0.00 8/1/2005 ROCK CHIPS TO CLAIMANT'S WINDSHIELD ALLEGEDLY CAUSED BY GRAVEL FROM ROAD RESURFACE CTY25052 WILLHIGHT, SANDY & JEFF 14 S. 3RD STREET OPEN $0.00 5/3/2005 CLAIMANT TRIPPED AND FELL ON SIDEWALK CTY25092 RIDDLE, DAN SW CORNER OF 3RD AND LINC OPEN $0.00 9/12/2005 OVERSPRAY FROM CITY PARKING STRIP PAINT DAMAGED CLAIMANT VEHICLE CTY25072 MUTUAL OF ENUMCLAW N. 40TH AVENUE, NEAR WALNU OPEN $0.00 7/11/2005 STREET SIGN BLEW INTO CLAIMANT VEHICLE CTY25018 EALY, KEVIN & SANDI S. 15TH STREET AND E. CHEST CLOSED $643.35 3/3/2005 CITY WORKERS CLEANING STREETS BLEW ROCKS ONTO CLAIMANT VEHICLE, CAUSING CHIPS Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Streets For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate CTY25064 STONE, JERRY 40TH AND NOB HILL CLOSED $449.13 6/24/2005 PAINT CAN FELL FROM CITY TRUCK AND DAMAGED CLAIMANT VEHICLE CTY25083 CLARK, CHERYL 24TH AND NOB HILL OPEN $0.00 8/18/2005 GRAVEL FLEW OFF CITY TRUCK AND DAMAGED CLAIMANT WINDSHIELD CTY25093 NEUMEISTER, TRINA 3RD STREET, ACROSS FROM C OPEN $0.00 9/10/2005 TRIP AND FALL ON SIDEWALK Total Paid for General Liability $4,459.86 Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid All Claims $4,783.56 Page 2 CITY OF YAKIMA Summary of Third Party Claims for the Department of Transit For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Automobile CTY25063 3/18/2005 CTY25073 7/11/2005 CTY25009 1/27/2005 CTY25080 5/16/2005 Property METTLER, LOIS & HERB CITY BUS REARENDED CLAIMANT VEHICLE STARTT, KAREN CITY BUS IMPACTED CLAIMANT VEHICLE BUMPER WHILE TURNING DEXTER, DEBBIE CITY BUS ROLLED INTO PARKED CLAIMANT VEHICLE BEN FRANKLIN TRANSIT (BFT) CITY TRANSIT VAN BACKED INTO CLAIMANT VAN Bodily Injury Liability CTY25021 3/5/2005 CTY25026 3/5/2005 CTY25070 7/25/2005 CTY25062 3/5/2005 NOB HILL BLVD. YAKIMA AVE, NEAR 33B RAMP PUBLIC WORKS COMPOUND WTP PLANT AT HANFORD RESE Total Paid for Automobile Property MARTINEZ, JENNIE CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER CAR MORA, MINNIE CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER VEHICLE OROZCO, MARIA GUADALUPE & JESUS CITY BUS HANDICAP LIFT ALLEGEDLY HIT CLAIMANT IN THE LEG PERRY, CHARISE CLAIMANT INJURED ON CITY BUS WHEN IT WAS HIT BY ANOTHER VEHICLE Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. CORNER OF LINCOLN AND 8TH EAST B. STREET 14TH AVENUE & TIETON CLOSED CLOSED CLOSED OPEN CLOSED OPEN OPEN INTERSECTION OF LINCOLN AN CLOSED Total Paid for Bodily Injury Liability Total Paid All Claims Page 1 $332.32 $416.60 $1,049.59 $0.00 $1,798.51 $949.36 $0.00 $0.00 $405.00 $1,354.36 $3,152.87 CITY OF YAKIMA Summary of Third Party Claims for the Department of Engineering For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Errors and Omissions CTY25058 DAVIS, AARON & MEGAN 7709 POPLARVIEW WAY CLOSED $2,596.80 6/8/2005 CITY PLANS SHOW SEWER CONNECTION IN THE WRONG PLACE CTY25089 AKERS, MARY JANE 1113 S. 72ND AVENUE OPEN $0.00 8/19/2005 CITY IMPROPERLY LOCATED SEWER STUB Total Paid for Errors and Omissions $2,596.80 General Liability CTY25054 O'LEARY, MICHAEL 106 N. 7TH STREET IN YAKIMA CLOSED $2,014.21 5/9/2005 WATER RUNOFF FROM CITY STREET DAMAGED CLAIMANT PROPERTY CTY25087 VETTER, ALICE AND MEL 812 S. 31ST AVENUE IN YAKIMA OPEN $0.00 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY CTY25074 STILES, LARRY 4904 W. WASHINGTON CLOSED $0.00 8/5/2005 CLAIMANT VEHICLE ACCIDENT ALLEGEDLY CAUSED BY MISSING ROAD SIGN CTY25053 LOOFBURROW ARCHITECTS, P.S. 201 W. YAKIMA AVENUE CLOSED $5,919.21 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY CTY25061 NASH, JOANNE 5506 W. LINCOLN AVE OPEN $0.00 4/9/2005 WATER RUN OFF FROM CITY STREET DAMAGED CLAIMANT PROPERTY CTY25041 MARTINEZ, YESENIA & VALENTINE 1710 S. 3RD AVENUE CLOSED $12,136.08 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY AT 1710 S. 3RD AVENUE CTY25050 MASHBURN, MARGARET AND 620 S. 16TH AVENUE IN YAKIMA, OPEN $0.00 WILLIAM 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY CTY25049 MARKLAND, ROGER & SHEILA 615 S. 17TH AVENUE IN YAKIMA, CLOSED $2,685.82 5/9/2005 STORM DRAIN OVERFLOWED, FLOODING CLAIMANT PROPERTY Page 1 CITY OF YAKIMA Summary of Third Party Claims for the Department of Engineering For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate CTY25045 CHICHENOFF, WILLIAM & PAULA SILVER EAGLE MOTEL, 2101 FR CLOSED $2,454.38 5/9/2005 WATER RUNOFF FROM CITY PARKING LOT FLOODED CLAIMANT'S MOTEL CTY25044 CHAVEZ, JESSE NOB HILL AND FAIR AVENUE CLOSED $644.20 5/9/2005 CLAIMANT DROVE VEHICLE THROUGH WATER CTY25043 BRITO, MARIA 1710 S. 3RD AVENUE CLOSED $3,555.00 5/9/2005 SEWER BACKUP CTY25042 MARTINEZ, YESENIA & VALENTINE 1714 S. 3RD AVENUE OPEN $0.00 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT HOME AT 1714 S. 3RD AVENUE Total Paid for General Liability $29,408.90 Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid All Claims $32,005.70 Page 2 CITY OF YAKIMA Summary of Third Party Claims for the Department of Community and Economic Development For the period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Site / Operator Status Paid ToDate Errors and Omissions CTY25065 RELL FIRE PROTECTION, INC. CITY OF YAKIMA 3/3/2005 RELL ALLEGES CITY FIRE CODE INSPECTOR ERRONEOUSLY CONCLUDED THAT NATIONAL FIRE PROTECTION ASSOCIATION REQUIREMENTS DO NOT PERMIT RELL TO MAINTAIN AND SERVICE ANSUL COMMERCIAL FIRE SUPPRESSION SYSTEMS. RELL REQUESTS DECLARATORY JUDGMENT THAT NFPA PERMITS RELL TO MAINTAIN AND SERVICE ANSUL FIRE SUPPRESSION SYSTEMS SEE RELL FIRE PROTECTION, INC. V. CITY, CAUSE NO. 05-2-02142-9 CTY25076 MARTINEZ, BERTIN 1508 S. 16TH STREET 8/9/2005 CITY PLANS SHOW SEWER CONNECTION IN THE WRONG PLACE Total Paid for Errors and Omissions OPEN $0.00 OPEN $0.00 $0.00 General Liability CTY25077 DAUENHAUER, EVELYN NEAR 711 N. 19TH AVENUE CLOSED $0.00 8/5/2005 CLAIMANT'S DOG WRONGFULLY DETAINED CTY25012 WESTERFIELD, DELMER "MIKE" 708 S. 4TH STREET IN YAKIMA CLOSED $0.00 2/9/2005 CITY ALLEGEDLY TOOK CLAIMANT'S PROPERTY WHILE REMOVING DEBRIS Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total Paid for General Liability Total Paid All Claims Page 1 $0.00 $0.00 OPENED OR CLOSED CLAIMS FROM 01/01/2005 TO 09/30/2005 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Paid Type Type ToDate Closed CTY25013 CONGDON ORCHARDS, INC. AND CONGDON EO 0 $0.00 DEVELOPMENT CO. CONGDON ORCHARDS, INC. AND CONGDON DEVELOPMENT COMPANY, LLC ALLEGES IT HAS BEEN WRONGFULLY DAMAGED AND DENIED CONTRACT, PROPERTY, DEVELOPMENT RIGHTS, VESTED RIGHTS, AND BUSINESS EXPECTANCIES CAUSED BY YAKIMA'S ALLEGED BREACHES OF CONTRACT, NEGLIGENCE, TORTIOUS CONDUCT, BREACHES OF DUTIES, ERRORS AND OMISSIONS, AND OTHER WRONGFUL CONDUCT. CONGDON ALLEGES ITS DAMAGES EXCEED $21 MILLION AND ARE CONTINUING. CONGDON REFERS TO DATES FROM 2001 TO 2005 IN ITS CLAIM. SEE DAMAGE CLAIM. CTY25015 CORDOVA, ENRIQUE 11/10/2004 CLAIMANT ALLEGEDLY INJURED BY POLICE HANDCUFFS CTY25019 5/8/2002 ROHRICH, STEVEN CLAIMANT INJURED IN AUTOMOBILE ACCIDENT AT LOADING DOCK AT 1705 CREEKSIDE LOOP THAT HE ALLEGES THE CITY APPROVED. SEE ROHRICH V. WIDE HOLLOW DEVELOPMENT, BURKHART DENTAL SUPPLY CO., CITY, ET AL., CAUSE NO. 05-2-00097-9 CTY25023 WRIGHT, ALLEN 3/15/2005 SEWER BACKUP CTY25024 HOWELL, CHRIS & ANNGLA 3/15/2005 SEWER BACKUP CTY25026 MORA, MINNIE 3/5/2005 CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER VEHICLE CTY25037 GORDNER, LINDA 3/9/2002 CLAIMANT ALLEGES DISCRIMINATION AS FIREFIGHTER IN FIRE DEPARTMENT CTY25038 QWEST AREA CLAIMS OFFICE 3/1/2005 CITY WORKERS ALLEGEDLY DAMAGED 25 PAIR BURIED CABLE WHILE DOING WATER EXCAVATION CTY25039 STEWARD, SHARI RENA 5/9/2005 CLAIMANT FELL IN WATER METER HOLE CTY25042 MARTINEZ, YESENIA & VALENTINE 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT HOME AT 1714 S. 3RD AVENUE CTY25047 CORDOVA, ENRIQUE 11/10/2004 CLAIMANT ALLEGES SLANDER - OFFICERS MAKING UP STORIES AND WITHHOLDING EVIDENCE CTY25050 MASHBURN, MARGARET AND WILLIAM 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY Page 1 GL 0 $0.00 GL 0 $0.00 GL 0 $7,284.17 GL 0 $8,550.79 AB 0 $0.00 EO 0 $0.00 GL 0 $0.00 GL 0 $0.00 GL 0 $0.00 EO 0 $0.00 GL 0 $0.00 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid Type Type ToDate Closed CTY25052 5/3/2005 CTY25055 8/30/2004 CTY25061 4/9/2005 CTY25065 3/3/2005 CTY25066 4/22/2005 CTY25069 7/21/2005 CTY25070 7/25/2005 CTY25071 7/20/2005 CTY25072 7/11/2005 CTY25075 8/1/2005 CTY25076 8/9/2005 CTY25078 WILLHIGHT, SANDY & JEFF CLAIMANT TRIPPED AND FELL ON SIDEWALK HARPER, BILL SEWER BACKUP NASH, JOANNE WATER RUN OFF FROM CITY STREET DAMAGED CLAIMANT PROPERTY RELL FIRE PROTECTION, INC. RELL ALLEGES CITY FIRE CODE INSPECTOR ERRONEOUSLY CONCLUDED THAT NATIONAL FIRE PROTECTION ASSOCIATION REQUIREMENTS DO NOT PERMIT RELL TO MAINTAIN AND SERVICE ANSUL COMMERCIAL FIRE SUPPRESSION SYSTEMS. RELL REQUESTS DECLARATORY JUDGMENT THAT NFPA PERMITS RELL TO MAINTAIN AND SERVICE ANSUL FIRE SUPPRESSION SYSTEMS. SEE RELL FIRE PROTECTION, INC. V. CITY, CAUSE NO. 05-2-02142-9 PACIFIC POWER CITY REFUSE TRUCK ALLEGEDLY DAMAGED CLAIMANT POLE WILKEY, NIKKI & JAMES UNPRUNED CITY TREE LIMB ALLEGEDLY DAMAGED CLAIMANT MOTOR HOME OROZCO, MARIA GUADALUPE & JESUS CITY BUS HANDICAP LIFT ALLEGEDLY HIT CLAIMANT IN THE LEG ORTHOPEDICS NORTHWEST, PLLC REFUSE TRUCK STRUCK POLE, CAUSING DAMAGE TO CLAIMANT'S FIBER LINE MUTUAL OF ENUMCLAW STREET SIGN BLEW INTO CLAIMANT VEHICLE TIDRICK, DARRELL ROCK CHIPS TO CLAIMANT'S WINDSHIELD ALLEGEDLY CAUSED BY GRAVEL FROM ROAD RESURFACE MARTINEZ, BERTIN CITY PLANS SHOW SEWER CONNECTION IN THE WRONG PLACE NEIGHBORS FOR RESPONSIBLE DEVELOPMENT NFRD ALLEGES A DUE PROCESS CLAIM UNDER 42 U.S.C. SECTION 1983 AND OTHER VIOLATIONS REGARDING NFRD'S COMPREHENSIVE PLAN AMENDMENT APPLICATION AND APPEAL OF SEPA DETERMINATION OF SIGNIFICANCE. SEE CITY V. NFRD, CAUSE NO. 05-2-02369-3. Page 2 GL 0 GL 0 GL 0 EO 0 $0.00 $0.00 $0.00 $0.00 AP 0 $0.00 GL 0 $0.00 AB 0 $0.00 AP 0 $0.00 GL 0 $0.00 GL 0 $0.00 E0 0 $0.00 E0 0 $0.00 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid Type Type ToDate Closed CTY25080 BEN FRANKLIN TRANSIT (BFT) AP 0 $0.00 5/16/2005 CITY TRANSIT VAN BACKED INTO CLAIMANT VAN CTY25081 EVANS, NICOLE AP 0 $0.00 8/17/2005 CITY REFUSE TRUCK IMPACTED CLAIMANT'S PARKED VEHICLE CTY25082 VINCENT, LENORE & MAX GL 0 $0.00 8/6/2005 GOLF BALL BROKE CLAIMANT WINDOW CTY25083 CLARK, CHERYL GL 0 $0.00 8/18/2005 GRAVEL FLEW OFF CITY TRUCK AND DAMAGED CLAIMANT WINDSHIELD CTY25084 SEVERN, HELEN GL 0 $0.00 8/30/2005 SEWER BACKUP CTY25085 SCOTT, MARY GL 0 $0.00 8/7/2005 CITY WORKERS DAMAGED CLAIMANT'S SEWER PIPE CTY25087 VETTER, ALICE AND MEL GL 0 $0.00 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY CTY25088 HOBBS, RALPH & JEAN GL 0 $0.00 8/31/2005 SEWER BACKUP CTY25089 AKERS, MARY JANE E0 0 $0.00 8/19/2005 CITY IMPROPERLY LOCATED SEWER STUB CTY25090 FAY, STEVEN TODD AND KRISTIN GL 0 $0.00 9/7/2005 SEWER BACKUP CTY25091 VASQUEZ, TRINIDAD E0 0 $0.00 5/16/2005 CLAIMANT ALLEGES VEHICLE BEING ILLEGALLY HELD BY POLICE CTY25092 RIDDLE, DAN GL 0 $0.00 9/12/2005 OVERSPRAY FROM CITY PARKING STRIP PAINT DAMAGED CLAIMANT VEHICLE CTY25093 NEUMEISTER, TRI NA GL 0 $0.00 9/10/2005 TRIP AND FALL ON SIDEWALK CTY25094 NAZIR KARMALI AND EZ MARKET, INC E0 0 $0.00 PLAINTIFFS HAVE APPLIED FOR A CONSTITUTIONAL WRIT OF CERTIORARI, AND ALLEGE THAT CITY'S ISSUANCE OF DETERMINATION OF SIGNIFICANCE (DS) REGARDING PROPOSED PLAN AMENDMENT AT 1016 N. 40TH AVE., VIOLATES STATE STATUTES, IS ARBITRARY, AND VIOLATES EQUAL PROTECTION OF CIVIL RIGHTS PURSUANT TO 42 U.S.C. SECTION 1983. SEE KARMALI AND EZ MARKET, INC. V. CITY, CAUSE NO. 05-2-01496-1. Page 3 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid Type Type ToDate Closed CTY25095 9/24/2005 CTY25096 8/15/2005 CTY25097 CTY25098 8/26/2005 CTY24123 10/4/2004 CTY23147 12/2/2003 CTY24105 9/13/2004 CTY24119 10/17/2004 CTY24137 9/24/2004 CTY24134 11/9/2004 CTY24139 12/1/2004 CTY24140 12/7/2004 CTY24143 12/16/2004 CTY24147 12/9/2004 FISCHER, MILTON & SANDRA CITY VEHICLE BACKED INTO CLAIMANT VEHICLE ASBURY, DON & NANCY CLAIMANT ALLEGES CITY ROAD WORK CAUSED CLAIMANT IRRIGATION LINE TO LEAK MILLS, WYLIE WYLIE MILLS ALLEGES ELECTION FRAUD AGAINST THE YAKIMA COUNTY AUDITOR, YAKIMA COUNTY PROSECUTING ATTORNEY, CITY, AND OTHERS REGARDING ALLEGED FAILURE TO PROVIDE VOTER'S PAMPHLET FOR THE PRIMARY ELECTION ON SEPT. 20, 2005. CAPTION OF COMPLAINT ALSO REFERS TO OTHER ALLEGATIONS. SEE WYLIE G. MILLS V. YAKIMA COUNTY AUDITOR, CITY, ET AL., U.S.D.C. NO. 05 -3085 -ERS VASQUEZ, ERNESTINA CLAIMANT ALLEGES THAT SHE IS NOT RESPONSIBLE FOR TOW BILL AS HER VEHICLE WAS STOLEN WHILE SHE WAS IN JAIL JUDD, ELLEN CLAIMANT ALLEGES UNLAWFUL SEARCH AND SEIZURE SEAL, ROCHELLE FIRE DEPARTMENT VEHICLE REAR ENDED CLAIMANT DONAHUE, JOSEPH & FERN CITY REFUSE TRUCK DAMAGED CLAIMANT SPRINKLER EPPERSON, JERRY AND AMANDA WATER RUN OFF FROM CITY STREET FLOODED CLAIMANT BASEMENT SORRELL, BUD & JANENE CITY BUS ALLEGEDLY REAR-ENDED CLAIMANT VEHICLE MENDOZA, GILBERTO CITY FIREMAN BROKE CLAIMANT VEHICLE WINDOW GONZALEZ, JAVIER CITY WATER DIVISION BROKE SEWER LINE CAUSING BACKUP AT CLAIMANT RESIDENCE RANGEL, RICKY & KAREN SEWER BACKUP BARAJAS, BERTA & MOISES CITY STREET DEPARTMENT VEHICLE IMPACTED CLAIMANT'S PARKED CAR CABRALES, EXIQUIE SEWER BACKUP Page 4 AP 0 GL 0 EO 0 GL 0 $0.00 $0.00 $0.00 $0.00 E0 F $0.00 1/6/2005 AB F $8,053.30 1/19/2005 AP F $46.99 1/19/2005 GL F $5,797.30 1/19/2005 AP F $0.00 1/19/2005 GL F $77.66 1/24/2005 GL F $942.06 1/24/2005 GL F $5,266.74 1/24/2005 AP F $960.05 1/31/2005 GL F $318.25 1/31/2005 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid Type Type ToDate Closed CTY24127 ROGERS, BRUCE GL F $1,148.00 2/11/2005 11/1/2003 SECURITY GATE CLOSED ON CLAIMANT VEHICLE CTY24136 PHILLIPS, JR AND PEGGY GL F $0.00 2/11/2005 1/1/2003 SEWER LINE BREAK CTY24138 SUMERLIN, TOM AP F $194.22 2/15/2005 12/1/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY25005 GARTON, DEWAYNE & VIRGINIA AP F $124.59 2/15/2005 1/5/2005 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY21060 THOMAS, CINDY GL F $0.00 2/28/2005 7/30/2001 SEWER BACKUP. SEE THOMAS V. CITY, CAUSE NO. 04-2- 02427-6 CTY25017 CASE, TIM EO F $2,500.00 2/28/2005 12/16/2004 CLAIM FOR IMPROVEMENTS TO EVIDENCE AREA AT FIRE STATION # 92 CTY25002 GODFREY, KENNETH & HELEN AP F $890.76 3/10/2005 1/5/2005 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE CTY25006 VAVRICKA, GLEN & VIRGINIA GL F $35.00 3/10/2005 12/31/2004 POLICE OFFICERS DAMAGED CLAIMANT FENCE CTY25010 CHIN, GORDON & GRACE AP F $16.65 3/10/2005 1/24/2005 CITY REFUSE TRUCK DAMAGED CLAIMANT MAILBOX CTY24068 THOMAS, CINDY GL F $7,400.00 3/18/2005 6/6/2004 SEWER BACKUP. SEE THOMAS V. CITY, CAUSE NO. 04-2- 02427-6 CTY25011 WENTZ, EDWARD AP F $323.70 3/18/2005 1/1/2005 SNOW PLOW DAMAGED CLAIMANT PROPERTY CTY25009 DEXTER, DEBBIE AP F $1,049.59 3/23/2005 1/27/2005 CITY BUS ROLLED INTO PARKED CLAIMANT VEHICLE CTY24087 RAAP, DAN GL F $10,862.10 3/29/2005 8/1/2004 IRRIGATION LEAK CAUSED DAMAGE TO CLAIMANT RETAINING WALL CTY25012 WESTERFIELD, DELMER "MIKE" GL F $0.00 3/30/2005 2/9/2005 CITY ALLEGEDLY TOOK CLAIMANT'S PROPERTY WHILE REMOVING DEBRIS CTY24084 SLOAN, TONY GL F $0.00 3/31/2005 8/5/2004 DETOUR CAUSED SCRATCH ON CLAIMANT VEHICLE FROM BROKEN TREE LIMB CTY24090 PETERSON, BRADLEY AB F $0.00 3/31/2005 7/18/2004 CLAIMANT INJURED IN VEHICLE ACCIDENT ALLEGEDLY CAUSED BY SPEEDING POLICE CARS CTY25008 SMITH, H. WAYNE & GRACE AP F $525.85 3/31/2005 1/25/2005 CITY PARKS DEPARTMENT VEHICLE REAR-ENDED CLAIMANT VEHICLE Page 5 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 File / Paid Date of Loss Claimant / Description Type Type ToDate Closed CTY25018 EALY, KEVIN & SANDI GL F $643.35 3/31/2005 3/3/2005 CITY WORKERS CLEANING STREETS BLEW ROCKS ONTO CLAIMANT VEHICLE, CAUSING CHIPS CTY25001 RHINE, MARGARET GL F $2,500.00 4/12/2005 12/27/2004 SEWER BACKUP CTY24060 GONZALEZ, LAURA LEA EO F $5,700.00 4/14/2005 7/26/2003 ALLEGED WRONGFUL ARREST CTY25007 MCGOWAN, GARY & CARMEN GL F $5,131.96 4/14/2005 1/14/2005 SEWER BACKUP CTY23058 JOHNSON, KRISTEN AP F $7,109.27 4/20/2005 6/6/2003 POLICE VEHICLE ALLEGEDLY FAILED TO YIELD AT SIGN, CAUSING COLLISION CTY25020 VASQUEZ, ALBERT & LUZ GL F $2,043.89 4/20/2005 2/23/2005 YAKIMA POLICE OFFICERS ALLEGEDLY DAMAGED CLAIMANT VEHICLE CTY24145 MEYER, ROBERT & KELLY EO F $0.00 4/22/2005 10/25/2004 CITY ALLEGEDLY FAILED TO RECOVER CLAIMANT'S STOLEN VEHICLE CTY24101 BURLINGTON NORTHERN SANTA FE GL F $0.00 5/10/2005 1/4/2002 DAMAGE TO RAILROAD CROSSING GATES CTY25029 HATTERY, TRISHA AP F $71.00 5/10/2005 3/29/2005 ARM OF REFUSE TRUCK DAMAGED CLAIMANT MAILBOX AND POST CTY24146 STRAHSBURG, ALBERT & SUSAN GL F $467.10 5/23/2005 12/17/2004 CITY BUS MOVED BEFORE CLAIMANT SAT DOWN, ALLEGEDLY CAUSING HIM TO FALL AND BREAK HIS TOOTH CTY25033 NYBERG, THEODORE & SANDRA AP F $59.51 5/23/2005 4/11/2005 CLAIMANT ALLEGES REFUSE TRUCK RAN OVER LAWN AND DAMAGED CLAIMANT SPRINKLERS CTY25027 YOUNG, MURRELL & PAMELA GL F $4,394.49 5/24/2005 3/7/2005 SEWER BACKUP CTY25040 MILLS, WYLIE EO F $0.00 5/26/2005 8/31/2004 CLAIMANT ALLEGES THEFT OF REAL PROPERTY, FALSE ARREST, FALSE IMPRISONMENT, RETALIATION OF A WHISTLE BLOWER, OBSTRUCTION OF JUSTICE, & EQUITY SKIMMING. SEE MILLS V. CITY, ET AL., BENTON COUNTY SUPERIOR COURT CAUSE NO. 05-2-01007-7 CTY25021 MARTINEZ, JENNIE AB F $949.36 5/31/2005 3/5/2005 CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER CAR CTY25030 JONES, RONALD & TERESA GL F $1,223.02 6/9/2005 4/1/2005 SEWER BACKUP Page 6 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid Type Type ToDate Closed CTY25035 5/1/2005 CTY25022 3/2/2005 CTY25003 11/4/2004 CTY25048 8/14/2004 CTY25028 1/1/2005 CTY24045 12/31/2003 CTY25034 4/14/2005 CTY24144 12/13/2004 CTY25004 12/3/2004 CTY25044 5/9/2005 CTY25045 5/9/2005 CTY25058 6/8/2005 CTY25059 6/7/2005 CTY25016 3/17/2004 CTY25025 3/16/2005 CTY25057 4/20/2005 VINCENT, LENORE & MAX CLAIMANT SCREEN AND WINDOW BROKEN BY GOLFBALL BELL, JIM & LUPE YAKIMA POLICE BROKE CLAIMANT'S DOOR WHILE LOOKING FOR SUSPECT INBD, INC. CITY PERMITTED CLAIMANT'S SIGN SIZE IN ERROR NALLEY, STACIE SEWER BACKUP ALLEN, TAMRA MARIE CLAIMANT ALLEGEDLY ARRESTED IN ERROR CARLEY, LEAL & EDNA WATER MAIN BREAK CAUSED DAMAGE TO CLAIMANT DRIVEWAY MALMASSARI, ERIC & COLLEEN CITY REFUSE WORKER ALLEGEDLY DAMAGED CLAIMANT FENCE SULLIVAN, JACK CITY REFUSE TRUCK BROKE CLAIMANT'S SPRINKLER RISER PEREZ, ESTEBAN CITY REFUSE WORKERS ALLEGEDLY DAMAGED CLAIMANT GARBAGE CAN CHAVEZ, JESSE CLAIMANT DROVE VEHICLE THROUGH WATER CHICHENOFF, WILLIAM & PAULA WATER RUNOFF FROM CITY PARKING LOT FLOODED CLAIMANT'S MOTEL DAVIS, AARON & MEGAN CITY PLANS SHOW SEWER CONNECTION IN THE WRONG PLACE CONATSER, JUSTIN POLICE STRUGGLED WITH A SUSPECT, WHO FELL AND DENTED CLAIMANT'S VEHICLE CHISHOLM, GEORGE CITY REMOVED CLAIMANT FENCE WHILE CLEANING PROPERTY GL F $100.97 6/9/2005 GL F $0.00 6/13/2005 EO F $8,059.81 GL F $847/0 EO F $600.00 GL F $1,000.00 6/14/2005 6/21/2005 6/24/2005 6/27/2005 GL F $40.00 6/27/2005 AP F $59.07 7/7/2005 GL F $20.00 7/7/2005 GL F $644.20 7/7/2005 GL F $2,454.38 7/7/2005 EO F $2,596.80 7/7/2005 EO F $1,265.37 7/7/2005 EO F $0.00 7/13/2005 HESSENTHALER, WALTER GL F $2,500.00 7/14/2005 PART OF CITY TREE FELL ON CLAIMANT'S CAR, CAUSING DAMAGE DANFORTH, JASON & CHRISTA GL F $579.00 7/18/2005 SEWER BACKUP Page 7 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Paid Type Type ToDate Closed CTY24097 WALDEN, IAM FALLS AND ROSALIND GL F $14,410.00 7/19/2005 5/25/2004 MINOR 11 YEAR OLD BOY ALLEGES DAMAGES FROM FIGHT ON CITY TRANSIT BUS CTY25036 VON ESSEN, LINDA & DAVID GL F $1,925.66 7/20/2005 4/20/2005 SEWER BACKUP CTY25063 METTLER, LOIS & HERB AP F $332.32 7/20/2005 3/18/2005 CITY BUS REARENDED CLAIMANT VEHICLE CTY25014 HIXSON, JOHN EO F $63.66 7/22/2005 2/7/2005 CLAIMANT CHARGED STORAGE FEES WHILE AWAITING NOTIFICATION OF RECOVERY OF VEHICLE CTY24098 DUFFIELD, RON & JESSICA GL F $0.00 7/26/2005 8/18/2004 SEWER PLUGGED CTY25046 HARRIS, BRENDA AND CORY GL F $75.00 7/26/2005 5/20/2005 CLAIMANT TRIPPED IN PARKING LOT CTY25056 VIVIAN, WILLIAM GL F $460.92 8/4/2005 5/16/2005 SEWER BACKUP CTY25068 TABOR, RICK & RHONDA GL F $0.00 8/4/2005 7/19/2005 CLAIMANT FELL IN HOLE NEAR FIRE HYDRANT SITE CTY22066 CORDOVA, DAVID GL F $0.00 8/9/2005 4/13/2002 CLAIMANT BITTEN BY POLICE DOG AND CIVIL RIGHTS ALLEGEDLY VIOLATED CTY22073 COMO, ALEXANDER GL F $0.00 8/9/2005 1/28/2002 ALLEGED USE OF EXCESSIVE FORCE BY POLICE AND ILLEGAL SEARCH AND SEIZURE CTY22102 SMITH, JOEL & HEIDI GL F $4,526.32 8/9/2005 8/5/2002 SON FELL FROM HIGH DIVE LADDER AT LIONS POOL CTY22145 GOLDEN CHIROPRACTIC CLINIC GL F $0.00 8/9/2005 11/27/2002 SEWER BACK UP CTY23026 HOPFINGER, MARGUERITE GL F $0.00 8/9/2005 2/28/2002 CLAIMANT SLIPPED ON DEBRIS FROM CITY OWNED TREE CTY25051 GONZALEZ, ANGELA & JESUS AP F $75.00 8/9/2005 5/17/2005 GARBAGE TRUCK HIT CLAIMANT FENCE CTY25053 LOOFBURROW ARCHITECTS, P.S. GL F $5,919.21 8/18/2005 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY CTY25060 ARMSTRONG, B.J. & LAURIE GL F $268.24 8/18/2005 6/13/2005 SEWER BACKUP CTY24004 HESSENTHALER, WALTER GL F $606.51 8/19/2005 1/8/2004 UNCOVERED MANHOLE DAMAGED CLAIMANT VEHICLE CTY25032 CHAVEZ, SONIA EO F $0.00 8/19/2005 4/1/2005 POLICE OFFICER LOST CLAIMANT DRIVER'S LICENSE Page 8 CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 File / Date of Loss Claimant / Description Paid Type Type ToDate Closed CTY25064 STONE, JERRY GL F $449.13 8/23/2005 6/24/2005 PAINT CAN FELL FROM CITY TRUCK AND DAMAGED CLAIMANT VEHICLE CTY22096 KENDIG, SHARON GL F $30,000.00 9/13/2005 6/5/2002 CLAIMANT TRIPPED AND FELL ON SIDEWALK. SEE KENDIG V. CITY, CAUSE NO. 04-2-00063-6 CTY25079 BAK, MICHAEL GL F $867.38 9/14/2005 8/10/2005 ROCKS FROM CITY DUMPTRUCK DAMAGED CLAIMANT'S VEHICLE CTY25043 BRITO, MARIA GL F $3,555.00 9/20/2005 5/9/2005 SEWER BACKUP CTY25049 MARKLAND, ROGER & SHEILA GL F $2,685.82 9/20/2005 5/9/2005 STORM DRAIN OVERFLOWED, FLOODING CLAIMANT PROPERTY CTY25054 O'LEARY, MICHAEL GL F $2,014.21 9/20/2005 5/9/2005 WATER RUNOFF FROM CITY STREET DAMAGED CLAIMANT PROPERTY CTY25062 PERRY, CHARISE AB F $405.00 9/20/2005 3/5/2005 CLAIMANT INJURED ON CITY BUS WHEN IT WAS HIT BY ANOTHER VEHICLE CTY25073 STARTT, KAREN AP F $416.60 9/21/2005 7/11/2005 CITY BUS IMPACTED CLAIMANT VEHICLE BUMPER WHILE TURNING CTY22150 SWAFFARD, SARAH & FRED GL F $0.00 9/27/2005 12/6/2001 TRIP AND FALL ON SIDEWALK CTY25086 PLATT, JENNIFER AND JUSTIN GL F $268.50 9/27/2005 7/17/2005 VEHICLE ILLEGALLY TOWED BY POLICE CTY97182 MOODY, HAZEL GL F $31,000.00 9/27/2005 12/3/1997 LEG WENT INTO WATER METER HOLE AND ALLEGED PERSONAL INJURIES. SEE MOODY V. CITY, CAUSE NO. 00- 2-03060-5 CTY25041 MARTINEZ, YESENIA & VALENTINE GL F $12,136.08 9/28/2005 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY AT 1710 S. 3RD AVENUE CTY25067 KNDO-TV EO F $0.00 9/28/2005 7/7/2005 CITY SECURITY GUARD ALLEGEDLY PLACED CLAIMANT CAMERA ON A TABLE IN AN UNSAFE MANNER DURING INSPECTION, CAUSING IT TO FALL CTY25074 STILES, LARRY GL F $0.00 9/28/2005 8/5/2005 CLAIMANT VEHICLE ACCIDENT ALLEGEDLY CAUSED BY MISSING ROAD SIGN CTY25077 DAUENHAUER, EVELYN GL F $0.00 9/28/2005 8/5/2005 CLAIMANT'S DOG WRONGFULLY DETAINED Page 9 File / Date of Loss CITY OF YAKIMA List of Claims Opened or Closed During Current Year For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid Type Type ToDate Closed CTY24071 6/23/2004 CTY24110 1/28/2002 CTY24118 9/16/2004 CTY25031 4/4/2005 COOK, CARL CLAIMANT MOTORHOME DAMAGED BY TAPE FROM IMPROPERLY PLACED IMPOUND NOTICE HILL, EDDIE WATER FROM CRACKED IRRIGATION PIPE DAMAGED CLAIMANT PROPERTY ELKINS, WILLIAM & VICKI CITY STREET PAINT DAMAGED CLAIMANT VEHICLE SCHMIG, DUANE POLICE VEHICLE BACKED INTO CLAIMANT VEHICLE Total Number of Claims Occurring or Closed for Current Year: Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Page 10 EO F $0.00 9/30/2005 GL F $16,280.64 9/30/2005 GL F $109.87 9/30/2005 AP F $2,152.32 9/30/2005 137 CLOSED CLAIMS FROM 01/01/2005 TO 09/30/2005 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid ToDate Type Closed CTY24123 JUDD, ELLEN 10/4/2004 CLAIMANT ALLEGES UNLAWFUL SEARCH AND SEIZURE CTY23147 SEAL, ROCHELLE 12/2/2003 FIRE DEPARTMENT VEHICLE REAR ENDED CLAIMANT CTY24105 DONAHUE, JOSEPH & FERN 9/13/2004 CITY REFUSE TRUCK DAMAGED CLAIMANT SPRINKLER CTY24119 EPPERSON, JERRY AND AMANDA 10/17/2004 WATER RUN OFF FROM CITY STREET FLOODED CLAIMANT BASEMENT CTY24137 SORRELL, BUD & JANENE 9/24/2004 CITY BUS ALLEGEDLY REAR-ENDED CLAIMANT VEHICLE CTY24134 MENDOZA, GILBERTO 11/9/2004 CITY FIREMAN BROKE CLAIMANT VEHICLE WINDOW CTY24139 GONZALEZ, JAVIER 12/1/2004 CITY WATER DIVISION BROKE SEWER LINE CAUSING BACKUP AT CLAIMANT RESIDENCE CTY24140 RANGEL, RICKY & KAREN 12/7/2004 SEWER BACKUP CTY24143 BARAJAS, BERTA & MOISES 12/16/2004 CITY STREET DEPARTMENT VEHICLE IMPACTED CLAIMANT'S PARKED CAR CTY24147 CABRALES, EXIQUIE 12/9/2004 SEWER BACKUP CTY24127 ROGERS, BRUCE 11/1/2003 SECURITY GATE CLOSED ON CLAIMANT VEHICLE CTY24136 PHILLIPS, JR AND PEGGY 1/1/2003 SEWER LINE BREAK CTY24138 SUMERLIN, TOM 12/1/2004 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY25005 GARTON, DEWAYNE & VIRGINIA 1/5/2005 REFUSE TRUCK DAMAGED CLAIMANT FENCE CTY21060 THOMAS, CINDY 7/30/2001 SEWER BACKUP. SEE THOMAS V. CITY, CAUSE NO. 04-2-02427- 6 CTY25017 CASE, TIM 12/16/2004 CLAIM FOR IMPROVEMENTS TO EVIDENCE AREA AT FIRE STATION # 92 CTY25002 GODFREY, KENNETH & HELEN 1/5/2005 CITY VEHICLE BACKED INTO CLAIMANT VEHICLE CTY25006 VAVRICKA, GLEN & VIRGINIA 12/31/2004 POLICE OFFICERS DAMAGED CLAIMANT FENCE CTY25010 CHIN, GORDON & GRACE 1/24/2005 CITY REFUSE TRUCK DAMAGED CLAIMANT MAILBOX Page 1 $0.00 EO 1/6/2005 $8,053.30 AB 1/19/2005 $46.99 AP 1/19/2005 $5,797.30 GL 1/19/2005 $0.00 AP 1/19/2005 $77.66 GL 1/24/2005 $942.06 GL 1/24/2005 $5,266.74 GL 1/24/2005 $960.05 AP 1/31/2005 $318.25 GL 1/31/2005 $1,148.00 GL 2/11/2005 $0.00 GL 2/11/2005 $194.22 AP 2/15/2005 $124.59 AP 2/15/2005 $0.00 GL 2/28/2005 $2,500.00 EO 2/28/2005 $890.76 AP 3/10/2005 $35.00 GL 3/10/2005 $16.65 AP 3/10/2005 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid ToDate Type Closed CTY24068 THOMAS, CINDY 6/6/2004 SEWER BACKUP. SEE THOMAS V. CITY, CAUSE NO. 04-2-02427- 6 CTY25011 WENTZ, EDWARD 1/1/2005 SNOW PLOW DAMAGED CLAIMANT PROPERTY CTY25009 DEXTER, DEBBIE 1/27/2005 CITY BUS ROLLED INTO PARKED CLAIMANT VEHICLE CTY24087 RAAP, DAN 8/1/2004 IRRIGATION LEAK CAUSED DAMAGE TO CLAIMANT RETAINING WALL CTY25012 WESTERFIELD, DELMER "MIKE" 2/9/2005 CITY ALLEGEDLY TOOK CLAIMANT'S PROPERTY WHILE REMOVING DEBRIS CTY24084 SLOAN, TONY 8/5/2004 DETOUR CAUSED SCRATCH ON CLAIMANT VEHICLE FROM BROKEN TREE LIMB CTY24090 PETERSON, BRADLEY 7/18/2004 CLAIMANT INJURED IN VEHICLE ACCIDENT ALLEGEDLY CAUSED BY SPEEDING POLICE CARS CTY25008 SMITH, H. WAYNE & GRACE 1/25/2005 CITY PARKS DEPARTMENT VEHICLE REAR-ENDED CLAIMANT VEHICLE CTY25018 EALY, KEVIN & SANDI 3/3/2005 CITY WORKERS CLEANING STREETS BLEW ROCKS ONTO CLAIMANT VEHICLE, CAUSING CHIPS CTY25001 RHINE, MARGARET 12/27/2004 SEWER BACKUP CTY24060 GONZALEZ, LAURA LEA 7/26/2003 ALLEGED WRONGFUL ARREST CTY25007 MCGOWAN, GARY & CARMEN 1/14/2005 SEWER BACKUP CTY23058 JOHNSON, KRISTEN 6/6/2003 POLICE VEHICLE ALLEGEDLY FAILED TO YIELD AT SIGN, CAUSING COLLISION CTY25020 VASQUEZ, ALBERT & LUZ 2/23/2005 YAKIMA POLICE OFFICERS ALLEGEDLY DAMAGED CLAIMANT VEHICLE CTY24145 MEYER, ROBERT & KELLY 10/25/2004 CITY ALLEGEDLY FAILED TO RECOVER CLAIMANT'S STOLEN VEHICLE CTY24101 BURLINGTON NORTHERN SANTA FE 1/4/2002 DAMAGE TO RAILROAD CROSSING GATES CTY25029 HATTERY, TRISHA 3/29/2005 ARM OF REFUSE TRUCK DAMAGED CLAIMANT MAILBOX AND POST Page 2 $7,400.00 GL 3/18/2005 $323.70 AP 3/18/2005 $1,049.59 AP 3/23/2005 $10,862.10 GL 3/29/2005 $0.00 GL 3/30/2005 $0.00 GL 3/31/2005 $0.00 AB 3/31/2005 $525.85 AP 3/31/2005 $643.35 GL 3/31/2005 $2,500.00 GL 4/12/2005 $5,700.00 EO 4/14/2005 $5,131.96 GL 4/14/2005 $7,109.27 AP 4/20/2005 $2,043.89 GL 4/20/2005 $0.00 EO 4/22/2005 $0.00 GL 5/10/2005 $71.00 AP 5/10/2005 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid ToDate Type Closed CTY24146 STRAHSBURG, ALBERT & SUSAN $467.10 GL 5/23/2005 12/17/2004 CITY BUS MOVED BEFORE CLAIMANT SAT DOWN, ALLEGEDLY CAUSING HIM TO FALL AND BREAK HIS TOOTH CTY25033 NYBERG, THEODORE & SANDRA $59.51 AP 5/23/2005 4/11/2005 CLAIMANT ALLEGES REFUSE TRUCK RAN OVER LAWN AND DAMAGED CLAIMANT SPRINKLERS CTY25027 YOUNG, MURRELL & PAMELA $4,394.49 GL 5/24/2005 3/7/2005 SEWER BACKUP CTY25040 MILLS, WYLIE $0.00 EO 5/26/2005 8/31/2004 CLAIMANT ALLEGES THEFT OF REAL PROPERTY, FALSE ARREST, FALSE IMPRISONMENT, RETALIATION OF A WHISTLE BLOWER, OBSTRUCTION OF JUSTICE, & EQUITY SKIMMING. SEE MILLS V. CITY, ET AL., BENTON COUNTY SUPERIOR COURT CAUSE NO. 05-2-01007-7 CTY25021 MARTINEZ, JENNIE $949.36 AB 5/31/2005 3/5/2005 CLAIMANT INJURED WHEN CITY BUS WAS HIT BY ANOTHER CAR CTY25030 JONES, RONALD & TERESA $1,223.02 GL 6/9/2005 4/1/2005 SEWER BACKUP CTY25035 VINCENT, LENORE & MAX $100.97 GL 6/9/2005 5/1/2005 CLAIMANT SCREEN AND WINDOW BROKEN BY GOLFBALL CTY25022 BELL, JIM & LUPE $0.00 GL 6/13/2005 3/2/2005 YAKIMA POLICE BROKE CLAIMANT'S DOOR WHILE LOOKING FOR SUSPECT CTY25003 INBD, INC. $8,059.81 EO 6/14/2005 11/4/2004 CITY PERMITTED CLAIMANT'S SIGN SIZE IN ERROR CTY25048 NALLEY, STACIE $847.70 GL 6/21/2005 8/14/2004 SEWER BACKUP CTY25028 ALLEN, TAMRA MARIE $600.00 EO 6/24/2005 1/1/2005 CLAIMANT ALLEGEDLY ARRESTED IN ERROR CTY24045 CARLEY, LEAL & EDNA $1,000.00 GL 6/27/2005 12/31/2003 WATER MAIN BREAK CAUSED DAMAGE TO CLAIMANT DRIVEWAY CTY25034 MALMASSARI, ERIC & COLLEEN $40.00 GL 6/27/2005 4/14/2005 CITY REFUSE WORKER ALLEGEDLY DAMAGED CLAIMANT FENCE CTY24144 SULLIVAN, JACK $59.07 AP 7/7/2005 12/13/2004 CITY REFUSE TRUCK BROKE CLAIMANT'S SPRINKLER RISER CTY25004 PEREZ, ESTEBAN $20.00 GL 7/7/2005 12/3/2004 CITY REFUSE WORKERS ALLEGEDLY DAMAGED CLAIMANT GARBAGE CAN CTY25044 CHAVEZ, JESSE $644.20 GL 7/7/2005 5/9/2005 CLAIMANT DROVE VEHICLE THROUGH WATER CTY25045 CHICHENOFF, WILLIAM & PAULA $2,454.38 GL 7/7/2005 5/9/2005 WATER RUNOFF FROM CITY PARKING LOT FLOODED CLAIMANT'S MOTEL Page 3 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid ToDate Type Closed CTY25058 DAVIS, AARON & MEGAN 6/8/2005 CITY PLANS SHOW SEWER CONNECTION IN THE WRONG PLACE CTY25059 CONATSER, JUSTIN 6/7/2005 POLICE STRUGGLED WITH A SUSPECT, WHO FELL AND DENTED CLAIMANT'S VEHICLE CTY25016 CHISHOLM, GEORGE 3/17/2004 CITY REMOVED CLAIMANT FENCE WHILE CLEANING PROPERTY CTY25025 HESSENTHALER, WALTER 3/16/2005 PART OF CITY TREE FELL ON CLAIMANT'S CAR, CAUSING DAMAGE CTY25057 DANFORTH, JASON & CHRISTA 4/20/2005 SEWER BACKUP CTY24097 WALDEN, IAM FALLS AND ROSALIND 5/25/2004 MINOR 11 YEAR OLD BOY ALLEGES DAMAGES FROM FIGHT ON CITY TRANSIT BUS CTY25036 VON ESSEN, LINDA & DAVID 4/20/2005 SEWER BACKUP CTY25063 METTLER, LOIS & HERB 3/18/2005 CITY BUS REARENDED CLAIMANT VEHICLE CTY25014 HIXSON, JOHN 2/7/2005 CLAIMANT CHARGED STORAGE FEES WHILE AWAITING NOTIFICATION OF RECOVERY OF VEHICLE CTY24098 DUFFIELD, RON & JESSICA 8/18/2004 SEWER PLUGGED CTY25046 HARRIS, BRENDA AND CORY 5/20/2005 CLAIMANT TRIPPED IN PARKING LOT CTY25056 VIVIAN, WILLIAM 5/16/2005 SEWER BACKUP CTY25068 TABOR, RICK & RHONDA 7/19/2005 CLAIMANT FELL IN HOLE NEAR FIRE HYDRANT SITE CTY22066 CORDOVA, DAVID 4/13/2002 CLAIMANT BITTEN BY POLICE DOG AND CIVIL RIGHTS ALLEGEDLY VIOLATED CTY22073 COMO, ALEXANDER 1/28/2002 ALLEGED USE OF EXCESSIVE FORCE BY POLICE AND ILLEGAL SEARCH AND SEIZURE CTY22102 SMITH, JOEL & HEIDI 8/5/2002 SON FELL FROM HIGH DIVE LADDER AT LIONS POOL CTY22145 GOLDEN CHIROPRACTIC CLINIC 11/27/2002 SEWER BACK UP CTY23026 HOPFINGER, MARGUERITE 2/28/2002 CLAIMANT SLIPPED ON DEBRIS FROM CITY OWNED TREE Page 4 $2,596.80 EO 7/7/2005 $1,265.37 EO 7/7/2005 $0.00 EO 7/13/2005 $2,500.00 GL 7/14/2005 $579.00 GL 7/18/2005 $14,410.00 GL 7/19/2005 $1,925.66 GL 7/20/2005 $332.32 AP 7/20/2005 $63.66 EO 7/22/2005 $0.00 GL 7/26/2005 $75.00 GL 7/26/2005 $460.92 GL 8/4/2005 $0.00 GL 8/4/2005 $0.00 GL 8/9/2005 $0.00 GL 8/9/2005 $4,526.32 GL 8/9/2005 $0.00 GL 8/9/2005 $0.00 GL 8/9/2005 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid ToDate Type Closed CTY25051 GONZALEZ, ANGELA & JESUS 5/17/2005 GARBAGE TRUCK HIT CLAIMANT FENCE CTY25053 LOOFBURROW ARCHITECTS, P.S. 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY CTY25060 ARMSTRONG, B.J. & LAURIE 6/13/2005 SEWER BACKUP CTY24004 HESSENTHALER, WALTER 1/8/2004 UNCOVERED MANHOLE DAMAGED CLAIMANT VEHICLE CTY25032 CHAVEZ, SONIA 4/1/2005 POLICE OFFICER LOST CLAIMANT DRIVER'S LICENSE CTY25064 STONE, JERRY 6/24/2005 PAINT CAN FELL FROM CITY TRUCK AND DAMAGED CLAIMANT VEHICLE CTY22096 KENDIG, SHARON 6/5/2002 CLAIMANT TRIPPED AND FELL ON SIDEWALK. SEE KENDIG V. CITY, CAUSE NO. 04-2-00063-6 CTY25079 BAK, MICHAEL 8/10/2005 ROCKS FROM CITY DUMPTRUCK DAMAGED CLAIMANT'S VEHICLE CTY25043 BRITO, MARIA 5/9/2005 SEWER BACKUP CTY25049 MARKLAND, ROGER & SHEILA 5/9/2005 STORM DRAIN OVERFLOWED, FLOODING CLAIMANT PROPERTY CTY25054 O'LEARY, MICHAEL 5/9/2005 WATER RUNOFF FROM CITY STREET DAMAGED CLAIMANT PROPERTY CTY25062 PERRY, CHARISE 3/5/2005 CLAIMANT INJURED ON CITY BUS WHEN IT WAS HIT BY ANOTHER VEHICLE CTY25073 STARTT, KAREN 7/11/2005 CITY BUS IMPACTED CLAIMANT VEHICLE BUMPER WHILE TURNING CTY22150 SWAFFARD, SARAH & FRED 12/6/2001 TRIP AND FALL ON SIDEWALK CTY25086 PLATT, JENNIFER AND JUSTIN 7/17/2005 VEHICLE ILLEGALLY TOWED BY POLICE CTY97182 MOODY, HAZEL 12/3/1997 LEG WENT INTO WATER METER HOLE AND ALLEGED PERSONAL INJURIES. SEE MOODY V. CITY, CAUSE NO. 00-2- 03060-5 CTY25041 MARTINEZ, YESENIA & VALENTINE 5/9/2005 WATER RUNOFF FROM STREET FLOODED CLAIMANT PROPERTY AT 1710 S. 3RD AVENUE Page 5 $75.00 AP 8/9/2005 $5,919.21 GL 8/18/2005 $268.24 GL 8/18/2005 $606.51 GL 8/19/2005 $0.00 EO 8/19/2005 $449 13 GL 8/23/2005 $30,000.00 GL 9/13/2005 $867.38 GL 9/14/2005 $3,555.00 GL 9/20/2005 $2,685.82 GL 9/20/2005 $2,014.21 GL 9/20/2005 $405.00 AB 9/20/2005 $416.60 AP 9/21/2005 $0.00 GL 9/27/2005 $268.50 GL 9/27/2005 $31,000.00 GL 9/27/2005 $12,136.08 GL 9/28/2005 File / Date of Loss CITY OF YAKIMA Listing of Closed Claims For period from 1/1/2005 to 9/30/2005 Claimant / Description Paid ToDate Type Closed CTY25067 KNDO-TV 7/7/2005 CITY SECURITY GUARD ALLEGEDLY PLACED CLAIMANT CAMERA ON A TABLE IN AN UNSAFE MANNER DURING INSPECTION, CAUSING IT TO FALL CTY25074 STILES, LARRY 8/5/2005 CLAIMANT VEHICLE ACCIDENT ALLEGEDLY CAUSED BY MISSING ROAD SIGN CTY25077 DAUENHAUER, EVELYN 8/5/2005 CLAIMANT'S DOG WRONGFULLY DETAINED CTY24071 COOK, CARL 6/23/2004 CLAIMANT MOTORHOME DAMAGED BY TAPE FROM IMPROPERLY PLACED IMPOUND NOTICE CTY24110 HILL, EDDIE 1/28/2002 WATER FROM CRACKED IRRIGATION PIPE DAMAGED CLAIMANT PROPERTY CTY24118 ELKINS, WILLIAM & VICKI 9/16/2004 CITY STREET PAINT DAMAGED CLAIMANT VEHICLE CTY25031 SCHMIG, DUANE 4/4/2005 POLICE VEHICLE BACKED INTO CLAIMANT VEHICLE Compiled on 10/4/2005 from the records of ZAREMBA CLAIMS SERVICE, INC. Total of Closed Claims Paid $0.00 EO 9/28/2005 $0.00 GL 9/28/2005 $0.00 GL 9/28/2005 $0.00 EO 9/30/2005 $16,280.64 GL 9/30/2005 $109.87 GL 9/30/2005 $2,152.32 AP 9/30/2005 $228,596.45 Total Number of Closed Claims 95 Page 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of October 18, 2005 ITEM TITLE: 3rd Quarter 2005 Claim Report and Resolution authorizing and approving 3rd Quarter 2005 claims activity SUBMITTED BY: Legal Department and Finance Department CONTACT PERSON/TELEPHONE: Helen A. Harvey, Assistant City Attorney, 575-6030 r Rita Anson, Finance Director, 575-6070 SUMMARY EXPLANATION: The purpose of this report is to provide historical information on claims made against the City of Yakima pertaining to general exposures. The report includes information for year 2005 claims by: (1) summary; (2) type of loss; (3) department summary; (4) claim listing by department; (5) a listing of all claims opened or closed during 2005; and (6) a listing of all claims closed from 1/1/05 to 9/30/05. Adopting the attached claims resolution affirms and ratifies the payments made in the 3rd quarter of 2005 as disclosed in the report. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-159