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HomeMy WebLinkAbout02/20/2024 07.G. Resolution accepting and approving 4th Quarter2023 Claim Report 1 .4. !% ,,` ga a, 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.