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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.E.
For Meeting of: November 5, 2019
ITEM TITLE: Resolution accepting and approving 3rd Quarter 2019 Claim
Report
SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney
Steve Groom, Director of Finance & Budget
SUMMARY EXPLANATION:
The purpose of this report is to provide information on claims that were closed during the 3rd
Quarter 2019. 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$50,000 or less, and Resolution No. R-2018-125 adopted on November 6,
2018. All payment amounts listed on the C I AW report show the amount paid by the City of
Yakima toward the settlement within the City's $100,000 insurance deductible.
The report includes information for the third quarter 2019: (1) CI AW claim summary by type of
claim; (2) C I AW claim summary b.y department; (3) CI AW closed claims for the 3rd Quarter
2019; and (4) WSTIP closed claims for the 3rd Quarter 2019. Adopting the attached claims
resolution affirms and ratifies the payments made by the City of Yakima on claims closed during
the 3rd Quarter of 2019 as listed in the reports.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR r
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SUBMITTAL: - � � Interim City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
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ATTACHMENTS:
Description Upload Date Type
D Resolution 10/2Z12019 Resolution
D 3td quarter 2019 closed claim report 10122/2019 Backup Material
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RESOLUTION NO. R-2019-
A RESOLUTION accepting and approving the 3rd Quarter 2019 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 is currently a member of the Cities Insurance Association
of Washington ("CIAW') for most claims, and joined CIAW effective December 14, 2005, with a
$99,000 deductible for insurance policies from September 1, 2010 to September 1, 2012, and a
$100,000 deductible on policies from September 1, 2012 to the present; 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$50,000 or
less; and
WHEREAS, the attached CIAW Claim Report contains information on and the disposition
of the various claims submitted to the City of Yakima with the amount on the CIAW report that
was paid by the City of Yakima toward the settlement which was within the City's $100,000
insurance deductible, and does not include the insurance company's contribution to the
settlement, if any; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The attached 3rd Quarter 2019 Claim Report, together with payments and disbursements
listed therein, is hereby accepted, approved, and ratified.
ADOPTED BY THE CITY COUNCIL this 5th day of November, 2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
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CITY OFYA A.
3nd uarter Claim Report
2019
5
CIAW CLAIMS SUMMARY
BY TYPE OF CLAIM
07/01/2019 TO 09/30/2019
6
City of Yakima
CIAW-Closed Claims Summary by Type of Claim
Third Quarter 2019
July 1,2019 through September 30,2019
Automobile Liability
(Bodily Injury and/or Property Damage)
Total Number of Claims: 4
Total Dollars Paid: $9,095.40
General Liability
(Bodily Injury and/or Property Damage)
Total Number of Claims: 12
Total Dollars Paid: $8,412.90
Wrongful Acts (WA)
Total Number of Claims: 1
Total Dollars Paid: $0.00
TOTAL NUMBER OF CLAIMS: 17
TOTAL DOLLARS PAID: $17,508.30
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CIAW CLAIMS A Z
BY DEPARTMENT
07/01/2019 TO 09/30/2019
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City of Yakima
CIAW Closed Claims Summary by Department
Third Quarter 2019
July 1, 2019 through September 30, 2019
Department/Division Closed Total Paid
Animal Control Division 0 $0.00
Codes Division 0 $0,00
Community Development Department 0 $0.00
Engineering Division a $0.00
Finance Department 0 $0.00
Fire Department 1 $1,836.86
Other 1 $0.00
Parks and Recreation Division 0 $0.00
Planning Division 0 $0,00
Police Department 3 $100.00
Public Works Department 0 $0.00
Refuse Division 1 $464.44
Streets Division 7 $1,625.20
Wastewater Division 1 $4,550.00
Water/Irrigation Division 3 $8,931.80
Utility Services Division 0 $0.00
TOTAL: 17 $17,508.30
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CIAW CLOSED CLAIMS
07/01/2019 TO 09/30/2019
Wit:►iii4 :;2 ` '201 5 :. 9 4 ,
Claim Number Event Date Date of Claim Date Closed Department Name Event Description Claimant Full Name Status Settlement
Yakima Fire Department
Auto Liability LCYFDD2018048780 12/7/2015 12/1112015 7/30/2019 Yakima Fire Department IV sideswiped parked OV Chavez,Carmen Perez Closed 51,536,85
Totals for Yakima Fire Department-1 Claims $1,838,88
Yakima Police Department
General Liability LCYPD2019049748 4/1612019 5/22/2019 7126/2019 Yakima Police Department Alleged excessive force issue Engelhart,Denise Renee Closed $0.00
General Liability LCYPD2019049766 512112019 5/25/2019 8/22/2019 Yakima Police Department Insured damaged claimant's door Padilla,Andrea Closed $0,00
Auto Liability LCYPD2019049862 5/18/2019 6/13/2019 8/20/2019 Yakima Police Department insured vehicle hit claimant's sign Virginia Mason Memorial Closed $100.00
Totals for Yakima Police Department.3 Claims
i100 00
Yakima Refuse Division
Auto Liability C1008 7/1/2019 7/15/2019 9125/2019 Yakima Refuse Division Refuse truck hit entry gate Scenic Ridge Loop Homeowners Closed $464.44
Assoc.
Totals for Yakima Refuse Division-1 Claims $464.44
Yakima Streets Division
General Liability C1017 7/17/2019 7/15/2019 7/30/2019 Yakima Streets Division Claimant's wood siding damaged Lemrnon,Kale Closed $0.00
General Liability C1044 8/2112019 B/21/2019 9/9/2019 Yakima Streets Division Snowplow damaged claimant's driveway Downie,Catherine Closed $0,00
General Liability LCYStree2019049528 4/3/2019 4/12/2019 9/4/2019 Yakima Public Works Administration Dept. Windshield damage from rock McGeary,Paula Marie Closed $319.19
General Liability LCYStree2018047721 5/2/2015 5124/2018 8/20/2019 Yakima Streets Division Buried cable damage CenturyLink Closed $511.01
General Liability LCYStree2019049646 4/29/2019 5/7/2019 9/13/2019 Yakima Streets Division Claimant stepped in pot hole 8 was injured. Lemus,Celestino Closed $0.00
Genera/Liability LCYStree2019049762 5/2312019 5/25/2019 8/20/2019 Yakima Streets Division Paint sprayed on claimant's vehicle Thompson,Justin Closed $250.00
General Liability LCYStree2019049938 6/22/2019 5/27/2019 9/17/2019 Yakima Streets Division Claimant hit pothole Smith,Elise Closed 5545.00
Totals for Yakima Streets Division•7 Claims $1,625.20
Yakima Wastewater Division
General Liability LCYWaste2019049797 4/29/2019 6/3/2019 8/20/2019 Yakima Wastewater Division Sewer backup Bartel,Ward Closed $4,550.00
Totals for Yakima Wastewater Division-1 Claims $4,550.00
Yakima Water&irrigation Division
General Liability C1022 11/9/2018 7/25/2019 9125/2019 Yakima Water 8 Irrigation Division Irrigation pipe damaged by insured Muoth.Joseph Closed $2,237,70
Auto Liability LCYWater2018049649 11/30/2018 5/7/2019 7/10/2019 Yakima Water&irrigation Division IV hit CV State Farm Insurance[Insured Closed $6,694.10
Jackson,Courtney]
General Liability LCYWater2019049325 1/9/2019 3/13/2019 9/9/2019 Yakima Water&Irrigation Division Water damage Montes,Irma Closed $0.00
Totals for Yakima Water 8 Irrigation Division.-3 Claims $8,931.80
Yakima,City of
Wrongful Acts LCYaki2019049884 a/1/2019 6/17/2019 7l1612019 Yakima,City of Public records request Cuevas,Bekah Closed $0.00
Totals for Yakima,City of-1 Claims $0.00
Grand Totals-17 Claims
:I7,508.30
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WSTIP CLOSED SE.. .. CLAIMS
071 1/2019 TO 09/30/2019
Yakima Transit Closed Claims — 07/01/2019 — 09/30/2019
Total Paid
Claim/Event Date of
Event Date . Claimant Dept. Location Type Status Description Date Closed to Claimant Outcome
Number Claim
by VVSTIP
314 S. 11'"Ave Paratransit vehicle backed
19-017634-1 2/5/2019 2/20/2019 Janielee Butler 28PT Valley Imaging parking ALPD C into front bumper of other 7/30/2019 $1,505.00 Settled
lot vehicle
19-020944-1 8/6/2019 8/13/2019 Roy Conzelman 28FR Fair Ave & Beech ALBI C Alleged injury as bus was 9/19/2019 $0.00 Denied
turning a corner
The City of Yakima WSTIP Transit Insurance has a $0 deductible on its WSTIP insurance,so the amounts paid on the Transit Closed Claims report were paid by WSTIP, not the City,
Yakima Paratransit claims (with "PT" in Dept, column) 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,