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Home My WebLink About11/17/2020 04F Accepting and Approving 3rd Quarter 2020 Claim Report 't..an,gtntj ka d E$A BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.F. For Meeting of: November 17, 2020 ITEM TITLE: Resolution accepting and approving 3rd Quarter 2020 Claim Report SUBMITTED BY: Ryan Bleek,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 2020. 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-2019-091 was adopted on October 15, 2019. All payment amounts listed on the CIAW report show the amount paid by the City of Yakima toward the settlement that was within the City's $100,000 insurance deductible. Intermountain Claims is the City's Third Party Administrator on claims with incidents beginning December 1, 2019. The report includes information for the third quarter 2020: (1) CIAW claim summary by type of claim; (2) CIAW claim summary by department; (3) CIAW closed claims for the 3rd Quarter 2020; and (4) Intermountain Claims summary by type of claim; 5) Intermountain Claims summary by department; 6) Intermountain Claims closed claims for the 3rd Quarter 2020; 7)WSTI P Closed Claims for the 3rd Quarter 2020. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd Quarter of 2020 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: 2 Description Upload Date Type D Resolution-3rd Qtr.Claim Repod 1115/2020 Resolution D 3rd Quuder 2020 Claim Roixxi 11:1512020 Backuu Material 3 RESOLUTION NO. R-2020- A RESOLUTION accepting and approving the 3' Quarter 2020 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$50,000 or less; and WHEREAS, the attached Claim Report contains information on and the disposition of the various claims submitted to the City of Yakima with the amount on the reports that was paid by the City of Yakima toward the settlement which was within the City's 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 3' Quarter 2020 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 17'h day of November, 2020. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 4 CITY OF YAKIMA 3rd Quarter Claim Report 2020 5 CIAW CLAIMS SUMMARY BY TYPE OF CLAIM 07/01/2020 TO 09/30/2020 6 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2020 July 1,2020 through September 30,2020 Auto Bodily Injury(ABI) Total Number of Claims: 1 Total Dollars Paid: $25,000.00 Automobile Liability- Property Damage (ALPD) Total Number of Claims: 1 Total Dollars Paid: $0.00 Employment Practices Liability(EPL) Total Number of Claims: 0 Total Dollars Paid: $0.00 General Liability- Bodily Injury(GLBI) Total Number of Claims: 1 Total Dollars Paid: $6,000.00 General Liability- Property Damage (GLPD) Total Number of Claims: 0 Total Dollars Paid: $0.00 Law Enforcement(LE) Total Number of Claims: 0 Total Dollars Paid: $0.00 Wrongful Acts(WA) Total Number of Claims: 2 Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 5 TOTAL DOLLARS PAID: $31,000.00 7 CIAW CLAIMS SUMMARY BY DEPARTMENT 07/01/2020 TO 09/30/2020 8 City of Yakima CIAW Closed Claims Summary by Department Third Quarter 2020 July 1,2020 through September 30, 2020 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 0 $0.00 Parks and Recreation Division 0 $0.00 Planning Division 0 $0.00 Police Department 3 $25,000.00 Public Works Department 0 $0.00 Refuse Division 0 $0.00 Streets Division 1 $6,000.00 Wastewater Division 0 $0.00 Water/Irrigation Division 1 $0.00 Utility Services Division 0 $0.00 TOTAL: 5 $31,000.00 9 CIAW CLOSED CLAIMS 07/01/2020 TO 09/30/2020 t''' ' AW City of Yakima Closed Losses from 7/1/2020 to 9/30/2020 as of 11/4/2020 l:itica tnrurance Aasonatlnn of!\'ashinycou Department/Division Claim Number Event Date Date of Claim Coverage Sub-Coverage Date Closed Claimant Full Name Event Description Status Settlement Coverage:Auto Liability Yakima Police Department LCYPD2015042544B 9/30/2015 10R/2015 Business Auto `Bodily Injury7/28/2020 Schmella,Ann Margaret Insured vehicle hit claimants vehicle C $25,0 00.00 Totals for Auto Liability 1 Claims Coverage:Wrongful Acts-Primary Yakima Police Department C1059 8/28/2019 9/5/2019 Wrongful Acts 8/6/2020 Marc Scherzinger Wrongful termination C $0.00 Yakima Police Department iC1168 `9/16/2019 i 9/16/2019 Wrongful Acts 7/30/2020 Elias Huizar 'Hostile work environment C $0.00 Totals for Wrongful Acts-Primary 2 Claims $0.00 Coverage:General Liability -Yakima Streets Division LCYStree2018048950 12/20/2018 1/16/2019 ;General Liability ;Bodily Injury7/29/2020 ;Cantu,Diana !Claimant tripped on uneven sidewalk C $6,000.00 .Totals for General Liability-1 Claims $6,000.00 Coverage:General Liability Yakima Water&Irrigation Division IC1016 7/7/2019 7/17/2019 General Liability .Property Damage 7/22/2020 Sharlene Bland :Claimant hit fire hydrant in parking lot C $0.00 Totals for General Liability-1 Claims $0.00 Grand Totals-5 Claims $31,000.00 0 INTERMOUNTAIN CLAIMS SUMMARY BY TYPE OF CLAIM 07/01/2020 TO 09/30/2020 INTERMOUNTAIN Closed Claims by Coverage 12 Quarterly - July 1, 2020 - September 30, 2020 Number claimant maths Total plid Coverage:Auto Liability YA1(20-01823 Constantino Martinez Closed 1,092.51 YAK2O-01832 Joshua Garcia Closed 3,791.74 Totals for Auto Liability-2 Claims 2 4,884.26 Coverage: General Liability YAK2O-01771 Norman Hauk&Shelli McDonald Hauk Closed 39,330.07 YAK2O-01803 Maria Espindola Closed 0.00 YAK2O-01820 Eun Seog Jang&Yeon Shin dba Closed 0.00 Apple Barrel YAK20-01827 Heather Hassing&Katherine Jordan Closed 38.31 YAK20-01 849 Gregory&Ruth Jochen Closed 1,851.08 Totals for General Liability-5 Claims 5 41,219.46 Grand Totals-7 Claims 7 46,103.71 INTERMOUNTAIN 13 INTERMOUNTAIN CLAIMS SUMMARY BY DEPARTMENT 07/01/2020 TO 09/30/2020 INTERMOUNTAIN Closed Claims by Department 14 Quarterly - July 1, 2020 - September 30, 2020 Department lDivison ixosed tow Psid Location Number and Name: 131.COYA-GL-Parks&Recreation Division Parks&Recreation Division Closed 0.00 Parks&Recreation Division Closed 1,851.08 Totals for 131.COYA-GL-Parks&Recreation 2 1,851.08 Division-2 Claims Location Number and Name: 141.COYA GL-Streets Division Streets Division Closed 1,092.51 Totals for 141 COYA GL-Streets Division 1 Clai 1 1,092.51 Location Number and Name:473.COYA-GL Wastewater Division Wastewater Division Closed 3,791.74 Wastewater Division Closed 39,330.07 Wastewater Division Closed 38.31 Totals for 473.COYA GL-Wastewater Division-3 Claims 3 43,160.12 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-7 Claims 7 46,103.71 15 INTERMOUNTAIN CLAIMS CLOSED CLAIMS 07/O1/2020 . TO 09/30/2020 INTERMOUNTAIN Closed Claims Summary Quarterly - July 1, 2020 - September 30, 2020 L0110**2_ CIOSe bite tirant � y FI .ice-_ i � Y" � jTad Paid CHUM Receiv, _ _ . Coverage:Auto Liability • Location Number and Name: 141.COYA-GL-Streets Division Auto Liability YAK20-01823 6/24/2020 6/26/2020 7/7/2020 Streets Boom scratched side of parked CV. Constantino Martinez Washington $1,092.51 PD Division Totals for 141.COYA-GL-Streets Division-1 Claim $1,092.51 Location Number and Name:473.COYA-GL-Wastewater Division Auto Liability YAK20-01832 7/2/2020 7/14/2020 7/30/2020 Wastewater CV Damage by Garbage Truck Joshua Garcia Washington $3,791.74 PD Division Totals for 473.COYA-GL-Wastewater Division-1 Claim $3,791.74 Totals for Auto Liability-2 Claims $4,884.26 Coverage: General Liability Location Number and Name: 131.COYA-GL-Parks&Recreation Division Gen Liab PD YAK20-01803 5/30/2020 6/2/2020 8/13/2020 Parks& Fallen tree during windstorm damaged CV Maria Espindola Washington $0.00 Recreation Division Gen Liab PD YAK20-01849 8/6/2020 8/21/2020 9/14/2020 Parks& Tree damaged CV Gregory&Ruth Jochen Washington $1,851.08 Recreation Division Totals for 131.COYA-GL-Parks&Recreation Division 2 Claims $1,851.08 Location Number and Name:473.COYA-GL-Wastewater Division Gen Liab PD YAK20-01827 6/13/2020 7/2/2020 7/23/2020 Wastewater Sewer backup Heather Hassing&Katherine Washington $38.31 Division Jordan Gen Liab PD YAK20-01771 3/22/2020 3/25/2020 7/1/2020 Wastewater Sewer backup Norman Hauk&Shelli Washington $39,330.07 Division McDonald Hauk Totals for 473.COYA-GL-Wastewater Division-2 Claims $39,368.38 Location Number and Name: 561.COYA-GL-Public Works Department Gen Liab PD YAK20-01820 5/30/2020 6/19/2020 7/21/2020 Public Works Windstorm blew roofing material and Eun Seog Jang&Yeon Shin Washington $0.00 Department damaged claimant sign. dba Apple Barrel Totals for 561.COYA-GL-Public Works Department-1 Claim i $0.00 Totals for General Liability-5 Claims $41,219.46 Grand Totals-7 Claims $46,103.71 O) !! r AOUNTAIN 17 . j WSTIP CLOSED CLAIMS 07/01/2020 TO 09/30/2020 Yakima Transit Closed Claims — 07/01/2020—09/30/2020 Total Paid Claim/Event to Event Date Date of Claimant Dept. Location Type Status Description Date Closed Outcome Number Claim Cl Claimant by WSTIP 20-025309-1 04/01/2020 05/06/2020 Milton Jones Toute 1 StAve. and Nob ALBI C Clmant alleged personal 09/30/2020 $650.00 Settled Hill Blvd. injury. 20-024477-1 02/26/2020 03/05/2020 Carlos Champie Yakima S. 16th Ave. and ALB C Damage to Claimant's trailer 08/31/2020 $2,481.00 Settled Fixed Route Arlington Ave. and hitch 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. o.