HomeMy WebLinkAbout02/20/2024 07.G. Resolution accepting and approving 4th Quarter2023 Claim Report 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.G.
For Meeting of: February 20, 2024
ITEM TITLE: Resolution accepting and approving 4th 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 4th
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 4th quarter 2023: (1) Intermountain Claims
summary by type of claim; (2) Intermountain Claims summary by department; (3) Intermountain Claims
closed claims for the 4th Quarter 2023; (4) CIAW summary by type of claim; (5) CIAW summary by
department; (6) CIAW closed claims for the 4th Quarter 2023; and, (7) WSTIP Closed Claims for the
4th Quarter 2023. Adopting the attached claims resolution affirms and ratifies the payments made by
the City of Yakima on claims closed during the 4th 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
❑ Res-4th Quarter 2023 Claim Report 2/2/2024
D 4th Qtr 2023 Claim Report 2/2/2024
2
RESOLUTION NO. R-2024-
A RESOLUTION accepting and approving the 4th 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 4th Quarter 2023 Claim Report, together with payments and disbursements
listed therein, is hereby accepted, approved, and ratified.
ADOPTED BY THE CITY COUNCIL this 20th day of February, 2024.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
3
CITY OF YAKIMA
4th Quarter Claim Report
2023
4
INTERMOUNTAIN CLAIMS
SUMMARY
BY TYPE OF CLAIM
10/01 /2023 TO 12/31 /2023
5
INTERMOUNTAIN Closed Claims by Coverage
Quarterly -October 1, 2023 to December 31, 2023
Claim Number Claimant Status Settlement Amount Expense Paid Total Paid
Coverage: Auto Liability
YAK22-02233-01 Jose Mendoza Acevedo Closed 30,713.87 0.00 30,713.87
YAK22-02233-02 Keyla Joanna Mendoza Closed 11,008.13 0.00 11,008.13
Bravo
YAK22-02225-01 Yuri Rodriguez Closed 22,916.81 0.00 22,916.81
YAK22-02225-03 Kataleya Esther Closed 2,234.00 1,120.00 3,354.00
Zaragoza
YAK22-02225-02 Gianni Leopoldo Closed 2,234.00 1,120.00 3,354.00
Zaragoza
YAK23-02444 Diana Lee Cantu Closed 442.13 0.00 442.13
YAK23-02438 Renelto Weikel Closed 1,794.62 0.00 1,794.62
Totals for Auto Liability-7 Claims 7 71,343.56 2,240.00 73,583.56
Coverage: General Liability
YAK23-02404 James Lee Sandall Closed 0.00 0.00 0.00
YAK23-02418 Progressive Insurance Closed 0.00 0.00 0.00
a/s/o Maria Garcia
YAK23-02424 William Wayne Overturf Closed 0.00 0.00 0.00
YAK23-02429 Anna M Maricle Closed 0.00 0.00 0.00
YAK23-02401 Jose G Mondragon and Closed 2,058.11 0.00 2,058.11
Maria de Lourdes Patino
YAK23-02397 Victor and Jazmin Larios Closed 3,679.36 0.00 3,679.36
Totals for General Liability-6 Claims 6 5,737.47 0.00 5,737.47
Coverage: Law Enforcement Liability
YAK23-02412 Dionicio Tobia Closed 15,000.00 0.00 15,000.00
Totals for Law Enforcement Liability-1 Claim 1 15,000.00 0.00 15,000.00
Grand Totals- 14 Claims 14 92,081.03 2,240.00 94,321.03
'INTERMOUNTAIN
6
INTERMOUNTAIN CLAIMS
SUMMARY
BY DEPARTMENT
10/01 /2023 TO 12/31 /2023
7
INTERMOUNTAIN Closed Claims by Department
Quarterly - October 1, 2023 to December 31, 2023
Department I Davison Closed Settlement Amount Expense Paid Total Paid
Location Number and Name: 031.COYA-GL-Police Department
Police Department Closed 30,713.87 0.00 30,713.87
Police Department Closed 11,008.13 0.00 11,008.13
Police Department Closed 22,916.81 0.00 22,916.81
Police Department Closed 2,234.00 1,120.00 3,354.00
Police Department Closed 2,234.00 1,120.00 3,354.00
Police Department Closed 15,000.00 0.00 15,000.00
Police Department Closed 0.00 0.00 0.00
Police Department Closed 1,794.62 0.00 1,794.62
Totals for 031.COYA-GL- 8 85,901.43 2,240.00 88,141.43
Police Department-8 Claims
Location Number and Name: 141.COYA-GL-Streets Division
Streets Division Closed 0.00 0.00 0.00
Totals for 141.COYA-GL- 1 0.00 0.00 0.00
Streets Division-1 Claim
Location Number and Name: 471.COYA-GL-Refuse Division
Refuse Division Closed 442.13 0.00 442.13
Totals for 471.COYA-GL- 1 442.13 0.00 442.13
Refuse Division-1 Claim
Location Number and Name: 474.COYA-GL-Water Division
Water Division Closed 2,058.11 0.00 2,058.11
Totals for 474.COYA-GL- 1 2,058.11 0.00 2,058.11
Water Division-1 Claim
Location Number and Name: 475.COYA-GL-Irrigation Division
Irrigation Division Closed 3,679.36 0.00 3,679.36
Totals for 475.COYA-GL- 1 3,679.36 0.00 3,679.36
Irrigation Division-1 Claim
Location Number and Name: 561.COYA-GL-Public Works Department
Public Works Department Closed 0.00 0.00 0.00
Public Works Department Closed 0.00 0.00 0.00
Totals for 561.COYA-GL-
Public Works Department-2 2 0.00 0.00 0.00
Claims
Grand Totals-14 Claims 14 92,081.03 2,240.00 94,321.03
'AINTERMOUNTAIN
8
INTERMOUNTAIN CLAIMS
CLOSED CLAIMS
10/01 /2023 TO 12/31 /2023
INTERMOUNTAIN Closed Claims Summary
Quarterly - October 1, 2023 to December 31, 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 Liab-BI YAK22-02225- 9/1/2022 9/16/2022 10/13/2023 IV allegedly struck CV Yuri Rodriguez 22,916.81 0.00 $22,916.81
PD 01
Auto Liability YAK22-02225- 9/1/2022 9/16/2022 10/19/2023 IV allegedly struck CV Gianni Leopoldo Zaragoza 2.234.00 1,120.00 $3,354.00
BI 02
Auto Liability YAK22-02225- 9/1/2022 9/16/2022 10/13/2023 IV allegedly struck CV Kataleya Esther Zaragoza 2,234.00 1,120.00 $3,354.00
BI 03
Auto Liab-BI YAK22-02233- 9/15/2022 10/3/2022 10/4/2023 IV allegedly struck CV Jose Mendoza Acevedo 30,713.87 0.00 $30,713.87
PD 01
Auto Liability YAK22-02233- 9/15/2022 10/3/2022 10/4/2023 IV allegedly struck CV Kayla Joanna Mendoza Bravo 11,008.13 0.00 $11,008.13
BI 02
Auto Liability YAK23-02438 11/12/2023 11/17/2023 12/29/2023 IV allegedly struck CV Renelto Weikel 1,794.62 0.00 $1,794.62
PD
Totals for 031.COYA-GL-Police Department-6 Claims 70,901.43 2,240.00 $73,141.43
Location Number and Name: 471.COYA-GL-Refuse Division
Auto Liability YAK23-02444 10/30/2023 11/29/2023 12/27/2023 Alleged PD Diana Lee Cantu 442.13 0.00 $442.13
PD
Totals for 471.COYA-GL-Refuse Division-1 Claim 442.13 0.00 $442.13
Totals for Auto Liability-7 Claims 71,343.56 2,240.00 $73,583.56
Coverage: General Liability
Location Number and Name: 031.COYA-GL-Police Department
Gen Liab PD YAK23-02424 10/1/2023 10/18/2023 10/30/2023 Alleged improper impound William Wayne Overturf 0.00 0.00 $0.00
Totals for 031.COYA-GL-Police Department-1 Claim 0.00 0.00 $0.00
Location Number and Name: 141.COYA-GL-Streets Division
Gen Liab BI YAK23-02429 10/11/2023 10/26/2023 10/31/2023 Alleged PI Anna M Maricle 0.00 0.00 $0.00
Totals for 141.COYA-GL-Streets Division-1 Claim 0.00 0.00 $0.00
Location Number and Name: 474.COYA-GL-Water Division
Gen Liab PD YAK23-02401 8/17/2023 8/28/2023 11/27/2023 Alleged PD Jose G Mondragon and Maria 2,058.11 0.00 $2,058.11
de Lourdes Patino
Totals for 474.COYA-GL-Water Division-1 Claim 2,058.11 0.00 52,058.11
Location Number and Name:475.COYA-GL-Irrigation Division
Gen Liab PD YAK23-02397 8/18/2023 8/18/2023 12/6/2023 Alleged PD Victor and Jazmin Larios 3,679.36 0.00 $3,679.36
Totals for 475.COYA-GL-Irrigation Division-1 Claim 3,679.36 0.00 $3,679.36
Location Number and Name: 561.COYA-GL-Public Works Department
Gen Liab PD YAK23-02404 8/29/2023 9/1/2023 10/13/2023 Alleged PD to CV James Lee Sandal) 0.00 0.00 $0.00
'A INTERMOUNTAIN
INTERMOUNTAIN Closed Claims Summary
Quarterly - October 1, 2023 to December 31, 2023
Type Of Claim Loss Date TPA Close Date Event Description Claimant Full Name Settlement Expense Paid Total Paid
Claim Number Received Amount
Gen Liab PD YAK23-02418 8/13/2023 10/2/2023 10/12/2023 Alleges PD Progressive Insurance a/s/o 0.00 0.00 $0.00
Maria Garcia
Totals for 561.COYA-GL-Public Works Department-2 Claims 0.00 0.00 $0.00
Totals for General Liability-6 Claims 5,737.47 0.00 $5,737.47
Coverage: Law Enforcement Liability
Location Number and Name: 031.COYA-GL-Police Department
Gen Liab BI YAK23-02412 7/11/2023 9/18/2023 10/27/2023 alleges false arrest Dionicio Tobia 15,000.00 0.00 $15.000.00
Totals for 031.COYA-GL-Police Department-1 Claim 15,000.00 0.00 $15,000.00
Totals for Law Enforcement Liability-1 Claim 15,000.00 0.00 $15,000.00
Grand Totals- 14 Claims 92,081.03 2,240.00 $94,321.03
'wINTERMOUNTAIN
CIAW CLAIMS SUMMARY
BY TYPE OF CLAIM
10/01 /2023 TO 12/31 /2023
12
City of Yakima
CLAW Closed Claims Summary by Type of Claim
Fourth Quarter 2023
October 1, 2023 through December 31, 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) 0
Total Number of Claims: $0.00
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: 1
Total Dollars Paid: $0.00
Wrongful Acts (WA)
Total Number of Claims: 0
Total Dollars Paid: $0.00
TOTAL NUMBER OF CLAIMS: 1
TOTAL DOLLARS PAID: $0.00
13
CIAW CLAIMS SUMMARY
BY DEPARTMENT
10/01 /2023 TO 12/31 /2023
14
City of Yakima
CIAW Closed Claims Summary by Department
Fourth Quarter 2023
October 1, 2023 through December 31, 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) 0 $0.00
Parks and Recreation Division 0 $0.00
Planning Division 0 $0.00
Police Department 1 $0.00
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: 1 $0.00
15
CIAW CLOSED CLAIMS
10/01 /2023 TO 12/31 /2023
I '_ A ` / City of Yakima Closed Loss Run 10/1/23 to 12/31/23 as of 1/2/2024
�/ Department/Division Claim Number Event Date Date of Claim Coverage Sub-Coverage Date Closed Claimant Full Name Event Description Status
Location:Yakima Police Department
Coverage:Law Enforcement Liability
Yakima Police Department C1823 10/2/2017 11/12/2021 General Liability 10/2/2023 Joe Daniels Violation of Constitutional Rights C $0.00
Totals for Law Enforcement Liability-1 Claims $0.00
Totals for Yakima Police Department-1 Claims $0.00
Grand Totals-1 Claims I
17
WSTIP CLOSED CLAIMS
10/01 /2023 TO 12/31 /2023
Yakima Transit Closed Claims — 10/01/2023 — 12/31/2023
Claim/Event Date of Date Total Paid
Number Event Date Claim Claimant Dept. Location Type Status Description Closed to Claimant Outcome
by WSTIP
23-048460-3 05/15/2023 11/07/2023 Lawrence- Yakima N.40`"Ave. ALPD(3rd Closed Claimant alleged property 12/19/2023 $1,178.33 Settled
Berry, Robert Transit and Englewood Pty) damage
23-047424-3 09/13/2023 10/30/2023 Harrington, Yakima E. I St. and N. ALBI(3rtl Closed Claimant alleged bodily 10/23/2023 $0.00 Denied
Devin Transit 15f Street Pty) injury
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.