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Home My WebLink About08/01/2022 06.D. Resolution accepting and approving 2nd Quarter 2022 Claim Report • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.D. For Meeting of:August 1, 2022 ITEM TITLE: Resolution accepting and approving 2nd Quarter 2022 Claim Report SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: The purpose of this report is to provide information on claims that were closed during the 2nd Quarter 2022. All claims listed in this report were resolved and settled pursuant to the City Council's prior 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-2022-008 was adopted on January 4, 2022. All payment amounts listed on the CIAW report show the amount paid by the City of Yakima and CIAW toward the settlement, with the City of Yakima paying up to its $100,000 insurance deductible. Intermountain Claims is the City's Third Party Administrator on claims with incidents beginning December 1, 2019. The report includes the following information for the 2nd quarter 2022: (1) Intermountain Claims summary by type of claim; (2) Intermountain Claims summary by department; (3) Intermountain Claims closed claims for the 2nd Quarter 2022; (4) CIAW summary by type of claim; (5) CIAW summary by department; (6) CIAW closed claims for the 2nd Quarter 2022; and, (7)WSTI P Closed Claims for the 2nd Quarter 2022. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 2nd Quarter of 2022 as listed in the reports. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type 2 D Res-2nd Quarter 2022 Claim Report 7/20/2022 Resolution D 2nd Qtr 2022 Claim Report 7/20/2022 Backup Material 3 RESOLUTION NO. R-2022- A RESOLUTION accepting and approving the 2' Quarter 2022 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 was a member of the Cities Insurance Association of Washington ("CIAW') for most liability claims from December 14, 2015 through November 30, 2019, subject to a deductible amount; and WHEREAS, the City of Yakima has been insured by Safety National for most liability claims since December 1, 2019 for incidents beginning on that date, subject to a deductible amount; and Intermountain Claims, Inc. is the third party administrator on those claims; 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 Claim Report contains information on and the disposition of the various claims submitted to the City of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached 2' Quarter 2022 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 1' day of August, 2022. ATTEST: Janice Deccio, Mayor Sonya Clear Tee, City Clerk 4 CITY OF YAKIMA 2nd Quarter Claim Report 2022 5 INTERMOUNTAIN CLAIMS SUMMARY BY TYPE OF CLAIM 04/01 /2022 TO 06/30/2022 6 INTERMOUNTAIN Closed Claims by Coverage Quarterly - April 1, 2022 to June 30, 2022 Claim Number Claimant Status Total Paid C,)v,,f'ig. Auto Liability YAK22-02152 Shawn Schut Closed 183.59 YAK22-02156 State Farm a/s/o Juana Yanez Closed 1,881.60 YAK22-02164 Cariana Ann Stroud Closed 281.73 YAK22-02171 John W Ryan Closed 1,511.00 YAK22-02178 Chelsie Modest Closed 3,049.42 Totals for Auto Liability-5 Claims 5 6,907.34 Coverage General Liability YAK22-02174 State Farm a/s/o Raudel Iniguez Closed 0.00 YAK22-02167 Kenton A.Gartrell Closed 0.00 YAK22-02143 Jesus Erasmo Cisneros Closed 0.00 YAK22-02147 Santiago&Tina Garnet Closed 110.60 YAK22-02148 Jesse Daniel Dixon Closed 0.00 YAK22-02159 Erendira Rubi Valentines Closed 0.00 YAK22-02160 Maria L Macias Closed 0.00 YAK21-01967-02 Lora Tanner Closed 0.00 YAK21-01967-01 James Barrett Closed 0.00 YAK22-02101 Vitalina Ramirez Closed 0.00 YAK22-02129 AMCO Insurance Company a/s/o TK Closed 0.00 Coffee LLC DBA Yakima Coffee Company YAK22-02136 Tiffany Morrill Closed 0.00 YAK22-02137 Leroy&Mary Zarn Closed 2,991.19 Totals for General Liability-13 Claims 13 3,101.79 Coverage. Law Enforcement Liability YAK22-02138 Vanessa Barrett Closed 0.00 YAK22-02130 Solarity Credit Union Closed 0.00 YAK22-02118 Patrick A True Closed 0.00 YAK22-02172 Roman Pacheco Closed 0.00 YAK22-02173 Rosalinda Maria Martinez Closed 0.00 Totals for Law Enforcement Liability-5 Claims 5 0.00 Grand Totals-23 Claims 23 10,009.13 1 INTERMOUNTAIN 7 INTERMOUNTAIN CLAIMS SUMMARY BY DEPARTMENT 04/01 /2022 TO 06/30/2022 8 INTERMOUNTAIN Closed Claims by Department Quarterly - April 1, 2022 to June 30, 2022 Department/Divison Closed Total Paid Location Nurnoe;and N ;ne 014.COYA-GL-City Clerk'S Office City Clerk'S Office Closed 0.00 Totals for 014.COYA-GL-City Clerk'S Office-1 1 0.00 Claim Location Number and Name: 022A.COYA-GL-Animal Control(Code Admin.) Animal Control(Code Admin.) Closed 0.00 Totals for 022A.COYA-GL-Animal Control(Code 1 0.00 Admin.)-1 Claim Location Number and Name: 031.COYA-GL-Police Department Police Department Closed 1,511.00 Police Department Closed 0.00 Police Department Closed 0.00 Police Department Closed 0.00 Police Department Closed 0.00 Police Department Closed 0.00 Totals for 031.COYA-GL-Police Department-6 6 1,511.00 Claims Location Number and Name: 054.COYA-GL-Utility Services Division Utility Services Division Closed 1,881.60 Totals for 054.COYA-GL-Utility Services Division 1 1,881.60 -1 Claim Location Number and Name: 131.COYA-GL-Parks&Recreation Division Parks&Recreation Division Closed 0.00 Parks&Recreation Division Closed 183.59 Totals for 131.COYA-GL-Parks&Recreation 2 183.59 Division-2 Claims Location Number and Name: 141.COYA-GL-Streets Division Streets Division Closed 0.00 Streets Division Closed 110.60 Streets Division Closed 0.00 Streets Division Closed 0.00 Streets Division Closed 0.00 Streets Division Closed 0.00 Totals for 141.COYA-GL-Streets Division-6 6 110.60 Claims Location Number and Name:471.COYA-GL-Refuse Division Refuse Division Closed 3,049.42 Refuse Division Closed 281.73 Totals for 471.COYA-GL-Refuse Division-2 2 3,331.15 Claims Location Number and Name: 474.COYA-GL-Water Division Water Division Closed 2,991.19 Water Division Closed 0.00 Totals for 474.COYA-GL-Water Division-2 2 2,991.19 Claims Location Number and Name: 475.COYA-GL-Irrigation Division Irrigation Division Closed 0.00 Irrigation Division Closed 0.00 Totals for 475.COYA-GL-Irrigation Division-2 2 0.00 Claims Grand Totals-23 Claims 23 10,009.13 J INTERMOUNTAIN 9 INTERMOUNTAIN CLAIMS CLOSED CLAIMS 04/01 /2022 TO 06/30/2022 INTERMOUNTAIN Closed Claims Summary Quarterly -April 1, 2022 to June 30, 2022 Type Of Claim Loss Date TPA Close Date Department Event Description Claimant Full Name Jurisdiction Total Paid Claim Number Received State Coverage Auto Liability Location Number and Name: 031.COYA-GL-Police Department Auto Liability YAK22-02171 3/22/2022 5/18/2022 6/8/2022 Police IV struck CV John W Ryan Washington $1,511.00 PD Department Totals for 031.COYA-GL-Police Department-1 Claim $1,511.00 Location Number and Name: 054.COYA-GL-Utility Services Division Auto Liability YAK22-02156 11/2/2021 4/18/2022 5/9/2022 Utility CV rear-ended by IV State Farm a/s/o Juana Yanez Washington $1,881.60 PD Services Division Totals for 054.COYA-GL-Utility Services Division-1 Claim $1,881.60 Location Number and Name: 131.COYA-GL-Parks&Recreation Division Auto Liability YAK22-02152 3/23/2022 4/14/2022 5/9/2022 Parks& CV struck by IV Shawn Schut Washington $183.59 PD Recreation Division Totals for 131.COYA-GL-Parks&Recreation Division-1 Claim $183.59 Location Number and Name: 471.COYA-GL-Refuse Division Auto Liability YAK22-02164 3/16/2022 5/2/2022 6/22/2022 Refuse IV struck fence Cariana Ann Stroud Washington $281.73 PD Division Auto Liability YAK22-02178 5/31/2022 6/2/2022 6/23/2022 Refuse IV struck CV Chelsie Modest Washington $3,049.42 PD Division Totals for 471.COYA-GL-Refuse Division-2 Claims $3,331.15 Totals for Auto Liability-5 Claims $6,907.34 Coverage: General Liability Location Number and Name: 014.COYA-GL-City Clerk'S Office Gen Liab BI YAK22-02101 9/22/2021 1/3/2022 6/22/2022 City Clerk'S Claimant alleges trip and fall Vitalina Ramirez Washington $0.00 Office Totals for 014.COYA-GL-City Clerk'S Office-1 Claim $0.00 Location Number and Name: 022A.COYA-GL-Animal Control(Code Admin.) Gen Liab BI YAK22-02167 1/1/2021 5/6/2022 5/31/2022 Animal Claimant alleges harassments Kenton A.Gartrell Washington $0.00 PD Control(Code Admin.) Totals for 022A.COYA-GL-Animal Control(Code Admin.)-1 Claim $0.00 Location Number and Name: 131.COYA-GL-Parks&Recreation Division Gen Liab BI YAK22-02143 8/29/2021 3/28/2022 6/14/2022 Parks& Claimant alleges slip and fall Jesus Erasmo Cisneros Washington $0.00 Recreation Division Totals for 131.COYA-GL-Parks&Recreation Division-1 Claim $0.00 'AINTERMOUNTAIN INTERMOUNTAIN Closed Claims Summary Quarterly -April 1, 2022 to June 30, 2022 Type Of Claim Loss Date TPA Close Date Department Event Description Claimant Full Name Jurisdiction Total P id: Claim Number Received State Location Number and Name. 141.COYA-GL-Streets Division Gen Liab PD YAK22-02147 3/13/2022 4/5/2022 5/23/2022 Streets CV alleges damage by trolley track Santiago&Tina Garnet Washington $110.60 Division Gen Liab PD YAK22-02160 4/21/2022 4/25/2022 5/9/2022 Streets CV alleges damage from pothole Maria L Macias Washington $0.00 Division Gen Liab BI YAK21-01967 4/12/2020 4/27/2021 5/26/2022 Streets Wrongful Death Lora Tanner Washington $0.00 -02 Division Gen Liab BI YAK21-01967 4/12/2020 4/27/2021 5/26/2022 Streets Wrongful Death James Barrett Washington $0.00 -01 Division Gen Liab PD YAK22-02136 1/14/2022 3/11/2022 4/6/2022 Streets CV alleges damage by pothole Tiffany Morrill Washington $0.00 Division Gen Liab PD YAK22-02174 3/18/2022 5/24/2022 6/8/2022 Streets CV alleges damage by road debris State Farm a/s/o Raudel Washington $0.00 Division Iniguez Totals for 141.COYA-GL-Streets Division-6 Claims $110.60 Location Number and Name. 474.COYA-GL-Water Division Gen Liab PD YAK22-02137 9/10/2021 3/14/2022 4/26/2022 Water Division Alleged property damage from pipe drain Leroy&Mary Zarn Washington $2,991.19 Gen Liab PD YAK22-02129 1/29/2022 2/28/2022 6/30/2022 Water Division Alleged property damage from water main AMCO Insurance Company Washington $0.00 break a/s/o TK Coffee LLC DBA Yakima Coffee Company Totals for 474.COYA-GL-Water Division-2 Claims $2,991.19 Location Number and Name: 475.COYA-GL-Irrigation Division Gen Liab PD YAK22-02148 4/5/2022 4/6/2022 4/29/2022 Irrigation Alleged property damage from ruptured Jesse Daniel Dixon Washington $0.00 Division irrigation line Gen Liab PD YAK22-02159 4/5/2022 4/21/2022 4/29/2022 Irrigation Alleged property damage from ruptured Erendira Rubi Valentines Washington $0.00 Division irrigation line Totals for 475.COYA-GL-Irrigation Division-2 Claims $0.00 Totals for General Liability-13 Claims $3,101.79 Coverage: Law Enforcement Liability Location Number and Name: 031.COYA-GL-Police Department Law YAK22-02130 1/23/2022 2/28/2022 6/30/2022 Police Alleged property damage from police Solarity Credit Union Washington $0.00 Enforcement Department Liability Law YAK22-02138 2/6/2022 3/17/2022 4/14/2022 Police Alleged property damage from Police Vanessa Barrett Washington $0.00 Enforcement Department Liability Law YAK22-02118 1/23/2022 1/26/2022 6/30/2022 Police Alleged property damage from Police Patrick A True Washington $0.00 Enforcement Department Liability Law YAK22-02172 4/16/2022 5/19/2022 6/13/2022 Police Alleged property damage from police Roman Pacheco Washington $0.00 Enforcement Department Liability 'AINTERMOUNTAIN INTERMOUNTAIN Closed Claims Summary Quarterly -April 1, 2022 to June 30, 2022 Type Of Claim Loss Date TPA Close Date Department Event Description Claimant Full Name Jurisdiction Total Paid Claim Number Received State Law YAK22-02173 5/15/2022 5/20/2022 5/31/2022 Police Alleged property damage from police. Rosalinda Maria Martinez Washington $0.00 Enforcement Department Liability Totals for 031.COYA-GL-Police Department-5 Claims $0.00 Totals for Law Enforcement Liability-5 Claims $0.00 Grand Totals-23 Claims $10,009.13 'INTERMOUNTAIN 13 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 04/01 /2022 TO 06/30/2022 14 City of Yakima CIAW Closed Claims Summary by Type of Claim Second Quarter 2022 April 1, 2022 through June 30, 2022 Auto Bodily Injury (ABI) Total Number of Claims: (UIM) 1 Total Dollars Paid: $650,000.00 Automobile Liability - Property Damage (ALPD) Total Number of Claims: 0 Total Dollars Paid: $0.00 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: $37,500.00 General Liability - Property Damage (GLPD) Total Number of Claims: 0 Total Dollars Paid: $0.00 Law Enforcement (LE) Total Number of Claims: 2 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 4 TOTAL DOLLARS PAID: $687,500.00 15 CIAW CLAIMS SUMMARY BY DEPARTMENT 04/01 /2022 TO 06/30/2022 16 City of Yakima CIAW Closed Claims Summary by Department Second Quarter 2022 April 1, 2022 through June 30, 2022 Department/Division Closed Total Paid Animal Control Division 0 $0.00 Codes Division 0 $0.00 Community Development Department 0 $0.00 Engineering Division 0 $0.00 Finance Department 0 $0.00 Fire Department 0 $0.00 Other 0 $0.00 Parks and Recreation Division 0 $0.00 Planning Division 0 $0.00 Police Department (Includes UIM) 4 $687,500.00 Public Works Department 0 $0.00 Refuse Division 0 $0.00 Streets Division 0 $0.00 Wastewater Division 0 $0.00 Water/Irrigation Division 0 $0.00 Utility Services Division 0 $0.00 TOTAL: 4 $687,500.00 17 CIAW CLOSED CLAIMS 04/01 /2022 TO 06/30/2022 • AW City of Yakima Closed Claims LoSs Run 411/22 to 6/30122 111 111 Department/Division Claim Number Event Date Date of Claim Coverage Sub-Coverage Date Closed Claimant Full Name Event Description Status Settlement Location:Yakima Police Department Coverage:Law Enforcement Liability Yakima Police Department C1750 8/18/2018 8/18/2021 General Liability Bodily Injury 4/4/2022 Jose Araiza Misconduct C $37,500.00 Yakima Police Department C1789 10/2/2017 9/27/2021 •General Liability 6/20/2022 Sheree Ford Violation of Constitutional Rights C $0.00 Yakima Police Department C1823 10/2/2017 11/12/2021 General Liability 6/20/2022 Joe Daniels Violation of Constitutional Rights C $0.00 Totals for Law Enforcement Liability-3 Claims $37,600.00 Coverage:Under insured and Uninsured Motorist Yakima Police Department LCYPD2017047036 7/4/2017 1/18/2018 Business Auto 6/30/2022 Curtsinger,Jack Insured injured dunng traffic slop C $650,000 00 Totals for Under Insured and Uninsured Motorist-1 Claims .00 Totals for Yakima Police Department-4 Claims 0 fD.OD Grand Totals-4 Claims $687,500.00 19 WSTIP CLOSED CLAIMS 04/01 /2022 TO 06/30/2022 Yakima Transit Closed Claims — 04/01/2022 —06/30/2022 Total Paid Claim/Event Event Date Date of Claimant Dept. Location Type Status Description Date to Outcome Number Claim Closed Claimant by WSTIP Ermelinda Yakima 612 W Mead A PD Claimant alleged property 22-036382-4 05/01/2022 05/05/2022 Vargas Transit Ave (3rdClosed damage. 06/06/2022 $0.00 Denied Party) The City of Yakima WSTIP Transit Insurance has a $5,000 deductible on employment claims and a $0 liability deductible on its WSTIP insurance, so the amounts paid for non- employment claims on the Yakima Transit Closed Claims report were paid by WSTIP, not the City.