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HomeMy WebLinkAboutR-2023-152 Resolution accepting and approving 3rd Quarter 2023 Claim Report RESOLUTION NO. R-2023-152 A RESOLUTION accepting and approving the 3rd Quarter 2023 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 3rd Quarter 2023 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023. ( - ATTEST: Janice De cio, Mayor /�. — e ____' ► i S1,AL i Rosalinda Ibarra, City Clerk 1 *` 0 h'ASHIts1 1 .4. ! a, . ga BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: November 21, 2023 ITEM TITLE: Resolution accepting and approving 3rd Quarter2023 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 3rd Quarter 2023. All claims listed in this report were resolved and settled pursuant to Resolution No. R-2022-008 authorizing the City Manager to settle claims against or by the City in an amount of $100,000 or less. 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 3rd quarter 2023: (1) Intermountain Claims summary by type of claim; (2) Intermountain Claims summary by department; (3) Intermountain Claims closed claims for the 3rd Quarter 2023; (4) CIAW summary by type of claim; (5) CIAW summary by department; (6) CIAW closed claims for the 3rd Quarter 2023; and, (7) WSTIP Closed Claims for the 3rd Quarter 2023. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd Quarter of 2023 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 D Res-3rd Quarter 2023 Claim Report 11/8/2023 Resolution 0 3rd Qtr 2023 Claim Report 11/8/2023 Backup Material 2 RESOLUTION NO. R-2023- A RESOLUTION accepting and approving the 3rd Quarter 2023 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 3rd Quarter 2023 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk 3 CITY OF YAKIMA 3rd Quarter Claim Report 2023 4 INTERMOUNTAIN CLAIMS SUMMARY BY TYPE OF CLAIM 07/01 /2023 TO 09/30/2023 5 INTERMOUNTAIN Closed Claims by Coverage Quarterly -July 1, 2023 to September 30, 2023 Claim Number Claimant Status `L Total Paid Coverage Auto Liability YAK23-02359 Alicia Macias Closed 0.00 YAK23-02351 Safeco Insurance a/s/o Carling Vaux Closed 1,643.08 YAK23-02366 Laurie Ann Brengle Closed 0.00 YAK22-02195 Elizabeth C Palacios Closed 5,261.60 YAK23-02363 Charlotte A Hart Closed 0.00 YAK23-02399 Kathy Dugan Closed 316.91 Totals for Auto Liability-6 Claims 6 7,221.59 Coverage: Employment Practices Liability YAK22-02135 Russell W Mollett Closed 66,539.72 Totals for Employment Practices Liability-1 Claim 1 66,539.72 Coverage:General Liability YAK23-02388 Jesse Gomez Closed 0.00 YAK23-02390 Tina Esquivel Closed 0.00 YAK23-02389 Jesus Jose Flores Closed 0.00 YAK23-02392 Lawrence Luke Zirkle Closed 0.00 YAK23-02346 Power Motion and Industrial Supply Closed 0.00 YAK23-02386 Nasser A Awad Closed 0.00 YAK23-02384 Julie Jo Stephens Closed 1,000.00 YAK23-02395 Rodney C Johnson Closed 0.00 YAK23-02398 Larry Gott Closed 0.00 YAK23-02345 Nadine German Reopened 0.00 YAK23-02373 Carl F Fitterer Closed 0.00 YAK23-02329 Elvia Flores Garcia Closed 15,000.00 YAK23-02402 Amie A French Closed 0.00 YAK22-02214 Safeco Insurance Company of Closed 0.00 America on behalf of YAK23-02405 Gilbert Sanchez Closed 0.00 YAK23-02407 Gerry Wolff Closed 648.72 Totals for General Liability-16 Claims 16 16,648.72 Coverage Law Enforcement Liability YAK23-02369 Horacio Tena Bazan Closed 0.00 Totals for Law Enforcement Liability-1 Claim 1 0.00 Grand Totals-24 Claims 24 90,410.03 ,INTERMOUNTAIN 6 INTERMOUNTAIN CLAIMS SUMMARY BY DEPARTMENT 07/01 /2023 TO 09/30/2023 7 INTERMOUNTAIN Closed Claims by Department Quarterly -July 1, 2023 to September 3 Department I Divison Closed " Total Paid Lucanan N.,=� and Name 031.COYA-GL-Police Department 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-5 5 0.00 Claims Location Number and Name:041.COYA-GL-Engineering Division Engineering Division Closed 0.00 Totals for 041.COYA-GL-Engineering Division-1 1 0.00 Claim Location Number and Name: 141.COYA-GL-Streets Division Streets Division Closed 0.00 Streets Division Closed 1,000.00 Streets Division Closed 0.00 Streets Division Closed 0.00 Streets Division Reopened 0.00 Streets Division Closed 0.00 Streets Division Closed 0.00 Streets Division Closed 15,000.00 Totals for 141.COYA-GL-Streets Division-8 8 16,000.00 Claims Location Number and Name:471.COYA-GL-Refuse Division Refuse Division Closed 5,261.60 Refuse Division Closed 1,643.08 Refuse Division Closed 0.00 Refuse Division Closed 316.91 Totals for 471.COYA-GL-Refuse Division-4 4 7,221.59 Claims Location Number and Name:473.COYA-GL-Wastewater Division Wastewater Division Closed 0.00 Wastewater Division Closed 0.00 Wastewater Division Closed 66,539.72 Wastewater Division Closed 648.72 Wastewater Division Closed 0.00 Totals for 473.COYA-GL-Wastewater Division-5 5 67,188.44 Claims Location Number and Name: 561.COYA-GL-Public Works Department Public Works Department Closed 0.00 Totals for 561.COYA-GL-Public Works 1 0.00 Department-1 Claim Grand Totals-24 Claims 24 90,410.03 j INTERMOUNTAIN 8 INTERMOUNTAIN CLAIMS CLOSED CLAIMS 07/01 /2023 TO 09/30/2023 INTERMOUNTAIN Closed Claims Summary Quarterly -July 1, 2023 to September 30, 2023 Type Of Claim Loss Date TPA Close Date Event Description Claimant Full Name Settlement Expense Paid Total Paid Claim Number Received Amount Coverage:Auto Liability Location Number and Name 031.COYA-GL-Police Department Auto Liability YAK23-02363 3/5/2023 6/20/2023 7/26/2023 IV allegedly struck CV Charlotte A Hart 0.00 0.00 $0.00 PD Totals for 031.COYA-GL-Police Department-1 Claim 0.00 0.00 $0.00 Location Number and Name: 141.COYA-GL-Streets Division Auto Liability YAK23-02359 6/6/2023 6/8/2023 7/3/2023 Alleged PD to CV Alicia Macias 0.00 0.00 $0.00 PD Totals for 141.COYA-GL-Streets Division-1 Claim 0.00 0.00 $0.00 Location Number and Name 471.COYA-GL-Refuse Division Auto Liability YAK23-02351 3/29/2023 5/30/2023 7/6/2023 Alleged PD to CV Safeco Insurance a/s/o Carling 1,643.08 0.00 $1,643.08 PD Vaux Auto Liability YAK23-02366 5/22/2023 6/23/2023 7/13/2023 Alleged PD Laurie Ann Brengle 0.00 0.00 $0.00 PD Auto Liability YAK22-02195 7/14/2022 7/18/2022 7/24/2023 IV allegedly struck CV Elizabeth C Palacios 5,261.60 0.00 $5,261.60 PD Auto Liability YAK23-02399 8/14/2023 8/22/2023 9/7/2023 Alleged PD to CV Kathy Dugan 316.91 0.00 $316.91 PD Totals for 471.COYA-GL-Refuse Division-4 Claims 7,221.59 0.00 $7,221.59 Totals for Auto Liability-6 Claims 7,221.59 0.00 67,221.59 Coverage Employment Practices Liability Location Number and Name. 473.COYA-GL-Wastewater Division Employment YAK22-02135 9/21/2020 3/10/2022 8/4/2023 Alleged wrongful employment discrimination Russell W Mollett 40,000.00 26,539.72 $66,539.72 Practices Liability Totals for 473.COYA-GL-Wastewater Division-1 Claim 40,000.00 26,539.72 $66,539.72 Totals for Employment Practices Liability-1 Claim 40,000.00 26,539.72 566,539.72 Coverage General Liability Location Number and Name 031.COYA-GL-Police Department Gen Liab PD YAK23-02395 6/6/2023 8/14/2023 9/7/2023 Claimant alleges PD Rodney C Johnson 0.00 0.00 $0.00 Gen Liab PD YAK23-02398 7/10/2023 8/21/2023 9/7/2023 Claimant alleges improper towing Larry Gott 0.00 0.00 $0.00 Gen Liab PD YAK23-02389 7/28/2023 7/31/2023 8/16/2023 Alleged PD to CV Jesus Jose Flores 0.00 0.00 $0.00 Totals for 031.COYA-GL-Police Department-3 Claims 0.00 0.00 $0.00 Location Number and Name: 041.COYA-GL-Engineering Division Gen Liab PD YAK23-02388 7/28/2023 7/31/2023 8/4/2023 Claimant alleges PD Jesse Gomez 0.00 0.00 $0.00 Totals for 041.COYA-GL-Engineering Division-1 Claim 0.00 0.00 $0.00 'INTERMOUNTAIN INTERMOUNTAIN Closed Claims Summary Quarterly -July 1, 2023 to September 30, 2023 Type Of Claim Loss Date TPA Close Date Event Description Claimant Full Name Settlement Expense Paid Total Paid Claim Number Received Amount Locataun Nuaubur and kid!!le 141.COYA-GL-Streets Division Gen Liab PD YAK23-02390 7/25/2023 8/7/2023 8/10/2023 Alleged PD to CV Tina Esquivel 0.00 0.00 $0.00 Gen Liab PD YAK23-02392 8/2/2023 8/9/2023 8/21/2023 Alleged PD to CV Lawrence Luke Zirkle 0.00 0.00 $0.00 Gen Liab BI YAK23-02345 8/24/2020 5/10/2023 7/31/2023 Alleged PI Nadine German 0.00 0.00 $0.00 Gen Liab PD YAK23-02373 6/28/2023 7/6/2023 7/18/2023 Alleged PD to CV Carl F Fitterer 0.00 0.00 $0.00 Gen Liab BI YAK23-02329 1/10/2022 4/4/2023 7/19/2023 Alleged PI Elvia Flores Garcia 15,000.00 0.00 $15,000.00 Gen Liab BI YAK23-02384 7/4/2023 7/27/2023 8/29/2023 Alleged PI Julie Jo Stephens 1,000.00 0.00 $1,000.00 Gen Liab PD YAK23-02405 9/7/2023 9/8/2023 9/21/2023 Alleged PD to CV Gilbert Sanchez 0.00 0.00 $0.00 Totals for 141.COYA-GL-Streets Division-7 Claims 16,000.00 0.00 $16,000.00 Location Number ,+nd Nunn 473.COYA-GL-Wastewater Division Gen Liab PD YAK23-02407 7/21/2023 9/13/2023 9/26/2023 Alleged PD Gerry Wolff 648.72 0.00 $648.72 Gen Liab PD YAK22-02214 5/6/2022 8/22/2022 9/15/2023 Alleged PD Safeco Insurance Company of 0.00 0.00 $0.00 America on behalf of Gen Liab PD YAK23-02346 3/20/2023 5/12/2023 8/23/2023 Claimant alleges no sewer access Power Motion and Industrial 0 00 0.00 $0.00 Supply Gen Liab PD YAK23-02386 3/1/2023 7/27/2023 8/25/2023 Alleged PD Nasser A Awad 0 00 0 00 $0.00 Totals for 473.COYA-GL-Wastewater Division-4 Claims 648.72 0.00 $648.72 Location Nuanber and Nan In 561.COYA-GL-Public Works Department Gen Liab PD YAK23-02402 8/15/2023 8/29/2023 9/12/2023 Alleged PD to CV Arnie A French 0 00 0 00 $0 00 Totals for 561.COYA-GL-Public Works Department-1 Claim 0.00 0.00 $0.00 Totals for General Liability-16 Claims 16,648.72 0.00 $16,648.72 Coverage Law Enforcement Liability Location Number and Name. 031.COYA-GL-Police Department Gen Liab BI YAK23-02369 5/16/2023 6/30/2023 7/24/2023 Alleged improper tow Horacio Tena Bazan 0 00 0 00 SO 00 PD Totals for 031.COYA-GL-Police Department- 1 Claim 0.00 0.00 $0.00 Totals for Law Enforcement Liability- 1 Claim 0.00 0.00 $0.00 Grand Totals-24 Claims 63,870.31 26,539.72 $90,410.03 'AINTERMOUNTAIN CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 07/01 /2023 TO 09/30/2023 12 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2023 July 1, 2023 through September 30, 2023 Auto Bodily Injury (ABI) Total Number of Claims: 0 Total Dollars Paid: $0.00 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) 2 Total Number of Claims: $3,000,000.00 Total Dollars Paid: General Liability - Property Damage (GLPD) 0 Total Number of Claims: $0.00 Total Dollars Paid: Law Enforcement (LE) Total Number of Claims: 0 Total Dollars Paid: $0.00 Wrongful Acts (WA) Total Number of Claims: 0 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 2 TOTAL DOLLARS PAID: $3,000,000.00 13 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01 /2023 TO 09/30/2023 14 City of Yakima CIAW Closed Claims Summary by Department Third Quarter 2023 July 1, 2023 through September 30, 2023 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 (City of Yakima) 1 $0.00 Parks and Recreation Division 0 $0.00 Planning Division 0 $0.00 Police Department 0 $0.00 Public Works Department 0 $0.00 Refuse Division 0 $0.00 Streets Division 1 $3,000,000.00 Wastewater Division 0 $0.00 Water/Irrigation Division 0 $0.00 Utility Services Division 0 $0.00 TOTAL: 2 $3,000,000.00 15 CIAW CLOSED CLAIMS 07/01 /2023 TO 09/30/2023 AWCity of Yakuna Closed Claims 7-1-23 to 9-30-23 as of 10/2/23 Department/Division Claim Number Event Date Date of Claim Coverage Sub-Coverage Date Closed Claimant Full Name Event Description Status Settlement Location:Yakima Streets Division Coverage:General Liability Yakima Streets Division LCYStree2015048181 9/10/2015 8/24/2018 General Liability Bodily Injury 9/25/2023 Garcia Jr.,Mario Negligent design of intersection C $3,000,000.00 Totals for General Liability-1 Claims $3,000,000.00 Totals for Yakima Streets Division-1 Claims 3,000,000.00 Location:Yakima,City of Coverage:General Liability Yakima,City of C1985 5/12/2019 5/9/2022 General Liability 7/31/2023 Pamela Olson Claimant trip and fall on crack in sidewalk C Totals for General Liability-1 Claims $0.00 Totals for Yakima,City of-1 Claims $0.00 Grand Totals-2 Claims $3,000,000.00 17 WST1P CLOSED CLAIMS 07/01 /2023 TO 09/30/2023 Yakima Transit Closed Claims— 07/01/2023 — 09/30/2023 Claim/Event Date of Date Total Paid Number Event Date Claim Claimant Dept. Location Type Status Description Closed to Claimant Outcome by WSTIP 22-037394-2 07/02/2022 07/18/2022 Spry,Joshua Yakima 40th Ave.and ALBI(3`tl Closed Claimant alleged bodily 08/31/2023 $23,754.65 Settled Transit Fruitvale Blvd. Pty) injury 23-046278-2 04/07/2023 08/16/2023 Miller, Nicole Yakima N.6`'St.and E. ALPD(31d Closed Claimant alleged property 09/26/2023 $4,052.53 Settled Transit Lincoln Ave. Pty) damage The City of Yakima WSTIP Transit Insurance has a$0 deductible for non-employment claims on its WSTIP insurance. For first-party claims, any amounts above the city's$5,000.00 deductible were paid by the City. Yakima Paratransit claims after January 1, 2012, involve the current contractor for ADA paratransit services, Medstar, LLC. Prior to January 1,2012,the contractor for paratransit service was A-1 Tri-City Taxi, Inc.