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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: January 21, 2020
ITEM TITLE: Resolution accepting and approving 4th 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 4th
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 was adopted on
November 6, 2018. All payment amounts listed on the CI 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 fourth quarter 2019: (1) C I AW claim summary by line of
coverage; (2) CI AW claim summary by department; and (3) C I AW closed claims for the 4th
Quarter 2019. Adopting the attached claims resolution affirms and ratifies the payments made by
the City of Yakima on claims closed during the 4th Quarter of 2019 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
• resolution 1/ / 00 resolution
L 4th C ua er 2019 dosed e 1/9/2020 backup Material
• report 1/1 /2020 r Me o
2
RESOLUTION NO. R-2020-
A RESOLUTION accepting and approving the 4th 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 was 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 November 30, 2019; 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 4th Quarter 2019 Claim Report, together with payments and disbursements
listed therein, is hereby accepted, approved, and ratified.
ADOPTED BY THE CITY COUNCIL this 21st day of January 2020.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
3
CITY OF YA A
4th Quarter Claim eport
2019
4
CIAW CLAIMS SUMMARY
BY DEPARTMENT
10/01/2019 TO 12/31/2019
5
City of Yakima
CIAW Closed Claims Summary by Department
Fourth Quarter 2019
October 1, 2019 through December 31, 2019
Department/Division Closed Total Paid
Animal Control Division 1 $4,000.00
City of Yakima 1 $13,000.00
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 3 $1,619,70
Planning Division 0 $0.00
Police Department 4 $5,546.70
Public Works Department 0 $0.00
Refuse Division 4 $23,069.20
Streets Division 7 $7,918,66
Wastewater Division 6 $3,087.21
Water/Irrigation Division 2 $698,67
Utility Services Division 0 $0.00
TOTAL: 28 $58,940.14
6
CIAW CLAIMS SUMMARY
BY COVE ' A GE TYPE
10/01/2019 TO 12/31/2019
7
City of Yakima
CIAW Closed Claims Summary by Coverage Type
Fourth Quarter 2019
October 1,2019 through December 31, 2019
Automobile Liability
(Bodily Injury and/or Property Damage),
Total Number of Claims: 7
Total Dollars Paid: $29,015,90
General Liability
(Bodily Injury and/or Property Damage)
Total Number of Claims: 17
Total Dollars Paid: $12,924,24
Wrongful Acts
Total Number of Claims: 2
Total Dollars Paid: $17,000,00
Law Enforcement Liability
Total Number of Claims: 2
Total Dollars Paid: $0,00
TOTAL NUMBER OF CLAIMS: 28
TOTAL DOLLARS PAID, $58,940.14
8
CIA CLOSED LAI
10/01/2019 TO 12/31/2019
11A4 City of Yakima Closed Claims 10/12019 to 12 31f2019 as o11l812020
,. Department ivisio r .Cleft Nome* . Event Date DI*of Claim' , Cokatap. . 33-,,:,, nests. Dote,=:t Cita
tion!l!Form** 'E }yWsati nt Ota Status Settlement
Yakima Animal Control Division
Yakima Animal Control Division LCYAnim2017048335 8/1/2017 8111201E Wrongful Acts 12/272019 Sonnier,Jaune Alleged Animal discrimination C $4,000.00
Totals for Yakima Animal Conrro#Division•1 Claims $4 80t1,00
Yakima Parke 6 Recreation Division
Yakima Parks 8 Recreation Division C1011 6/9/2019 7r16/2019 General Liability Property Damage 1012312019 Selena Torrez Golf ball hit claimants windshield C 5270.48
Yakima Parks 8 Recreation Division C 1081 B/2412019 924/2019 General Liability Property Damage 12/4/2019 Raul Baralas Golf balls hit claimants vehicle C $676.00
Yakima Parks 8 Recreation Division C1122 10/10/2019 10/22/2019 General Liability Property Damage 12/2/2019 Raul Barajas Golf ball hit claimants vehicle C $673 22
Totals for Yakima Parks 8,Raereation Division-3 Claims $1,619,70
Yakima Police Department
Yakima Police Department C1071 8/3/2019 9r122019 Law Enforcement Liability 10l31/2019 Joaquin Valdovinos Claimant's foot ran over by insured C $0,00
Yakima Police Department C1079 9/16/2019 9/2312019 Auto Liability Property Damage 1202/2019 Robert Coder Insured rear-ended claimant's vehicle C $1,959.70
Yakima Police Department LCYP02Q190491218 2/1212019 2/1212019 Aulo Liability Bodily Injury 10/31/2019 Grenz,Cooy Insured hit claimant's vehicle C $3,668.00
Yakima Police Department LCYP02019049127 21122019 211212019 Law Enforcement Liability 101312019 Barnes,Joshua Claimant's properly lost,by insured C $0.00
Totals for Yakima Police Department-4 Claims $5,546.70
Yakima Refuse Division
Yakima Refuse Division LCYRetu20160483178 9/1912019 9/19/2018 Auto Liability Property Damage 1(L'15/2019 Kessler,Gavin Insured hit claimants vehicle C $14,000.00
Yakima Refuse Division LCYRafv2019049723 5/1512019 5115/2019 Auto Liability Property Damage 11/212019 Crutcher,Katelyn Garbage truck sideswiped vehicle C S2,664,00
Yakima Refuse Division LCYRefu2019049723 2 5/15/2019 5/1512019 Auto Liability Property Damage 12/2712019 Luppino,Vito Garbage truck sideswiped vehicle C 51,428,00
Yakima Refuse Division LCYRefu2019049811m 5/17/2019 6152019 Auto Liability Property Damage 11/252019 Appleby,David Garbage can hit roof cave C 54,977,20
Totals for Yakima Reftaa Division-4 Claims 127,069.20
Yakima Streets Division
Yakima Streets Division C1052 8/1112019 912912019 General Liability Bodily Injury 11/11/2019 Elaine Hackett-Tillotson Claimant tripped on rebar on sidewalk C $0,00
Yakima Streets Division C1097 9/21/2019 1D112019 General Liability Properly Damage 12/4/2019 Vianey Valdovinos Claimant hit potholes C 5593.85
Yakima Streets Division C1160 11I112019 11/18/2019 General Liability Property Damage 11/26/2019 Hilario Gonzalez Claimant hit pothole C $D.00
Yakima Streets Division LCYStree2018046071 7/27/2018 811/2018 General Liability Bodily Injury 11/21/2019 Nordberg,Deborah Claimant tripped on uneven sidewalk C 50.00
Yakima Streets Division LCYStree2016046197 8r28r2018 8/2612018 General Liability Properly Damage 10r24l2019 Meza.Enca Claimant hit pothole C $0.00
Yakima Streets Division LCYStree2019049041 1/22/2019 2/1/2019 Auto Liability Property Damage 17227/2019 Hitchcock,Susan Elaine IV hit DV C 5400.00
Yakima Streets Division LCYSOBe2019049799 52812019 5/3112019 General liability Property Damage 12/27/2019 Rios,Gerardo Residence damaged by falling tree C $6,924.80
Totals for Yakima Sheets Divlsiory-I Claims $7,918.68
Yakima Wastewater Division
Yakima Wastewater Division C1033 5/152019 8/7/2019 General Liability Properly Damage 101212019 Juan Ramirez Sewer line broke C $0.00
Yakima Wastewater Division C1048 8J17r2019 82e/2019 General Liability Property Damage 10/24/2019 Roland Young Sewer backup C $0,00
Yakima Wastewater Division C1049 8/0/2019 9/28/2019 General Liability Property Damage 10/2312019 Fneda Parish Water damage C $3 097 21
Yakima Wastewater Division C 1055 8/17/2019 6r30l2019 General Liability Property Damage 10/242019 Kathleen Butler Sewer backup C $0 00
Yakima Wastewater Division C1055 8/17/2019 8/30/2019 General Liability Property Damage 10124/2019 Travis 0swatt Sewer backup C $0 00
Yakima Wastewater Division C 1093 811712019 10/3/2019 General Liability Property Damage 1227/2019 Holly Porter Sewer backup C $0 00
Totals for Yakima Wastewater Division-8 Claims $9,087.21
Yakima Water&Irrigation Division
Yakima Water 8 Irrigation Division C1045 5/31/2019 8/22/2019 General Liability Property Damage 10212019 Pacific Power Insured damaged conduit while digging C $598.67
Yakima Water&Inigation Division C1112 7/13/2019 10/15/2019 General Liability Property Damage 11/1 912 0 1 9 Sergio Aguilar Water damage C $0.00
Totals for Yakima Water 6 Irrigation Division.2 Claim* 6690.87
Yakima,City of
Yakima,City of LCYaki2016046426 5?142018 8/102018 Wrongful Acts 11/21/2019 West,Arthur Alleged violation of DPW, C $13,000.00
Totals for Yakima City of-1 Claims
Grand Totals-28 Claims 5$ 7a040.D4
6,940.14
10
WSTIP CLOSED CLAIMS
1 0 /01/2 19 TO 12/31/2019
Yakima Transit Closed Claims — 10/01/2019 — 12/31/2019
Total Paid
Claim/Event Date of
Event Date Claimant Dept. Location Type Status Description Date Closed to Claimant Outcome
Number Claim
by WSTIP
Transit bus impacted
19-020921-1 8/1/2019 8/6/2019 ' Espinoza,Victor 28FR 3Dinoswt re eviit ianl nfruot n t o f
ALPD ' C claimant's side mirror of 10/1/2019 $112.00 Settled
parked vehicle
Claimant states she received
Claim
19-021455-1 8/30/2019 9/5/2019 Ferguson,Janet 28AD City Transit Center GLPD C counterfeit$10 in change at 10/28/2019 $0.00
withdrawn
Transit Center
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.