HomeMy WebLinkAbout11/16/2021 04.E. Resolution accepting and approving 3rd Quarter 2021 Claim Report P-411111&A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.E.
For Meeting of: November 16, 2021
ITEM TITLE: Resolution accepting and approving 3rd Quarter 2021 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 3rd
Quarter 2021. 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-2020-141 was adopted on
December 1 , 2020. 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 3rd quarter 2021 : (1) Intermountain Claims summary by
type of claim; (2) Intermountain Claims summary by department; (3) Intermountain Claims closed
claims for the 3rd Quarter 2021; (4) CIAW closed claims for the 3rd Quarter 2021; and, (5)
WSTI P Closed Claims for the 3rd Quarter 2021. Adopting the attached claims resolution affirms
and ratifies the payments made by the City of Yakima on claims closed during the 3rd Quarter of
2021 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
2
D Resolution-3rd Qtr Claim Report 11/2/2021 Resolution
D 3rd Quarter 2021 Claim Report 11/2/2021 Backup Material
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RESOLUTION NO. R-2021-
A RESOLUTION accepting and approving the 3' Quarter 2021 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 2021 Claim Report, together with payments and disbursements
listed therein, is hereby accepted, approved, and ratified.
ADOPTED BY THE CITY COUNCIL this 16'h day of November, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
4
CITY OF YAKIMA
3rd Quarter Claim Report
2021
5
INTERMOUNTAIN CLAIMS
SUMMARY
BY TYPE OF CLAIM
07/01 /2021 TO 09/30/2021
INTERMOUNTAIN Closed Claims by coverage
Quarterly -July 1, 2021 -September 30, 2021
Claim Number Claimant Status Total Paid
Coverage:Auto Liability
YAK20-01903 Adam Story Closed 3.637.59
YAK21-01978 A berto Nateras Closed 1,197.39
YAK21-01993 Jorge Cardenas Closed 0.00
YAK21-02003 Jezlyn Acevedo Closed 0.00
YAK21-02008 Micheal Cervantes Closed 292.41
YAK21-02013 Mary Bruseau Closed 352.77
YAK21-02032 Mark Burnett Closed 243.68
Totals for Auto Liability-7 Claims 7 5,723.84
Coverage: General Liability
YAK21-02011 Antonio De Jesus Padilla Closed 1,897.36
YAK21-02016 Rick Cowels Closed 0.00
YAK21-02019 Melissa&Jimmy Ray Head Closed 5,746.40
YAK21-02004 Salvador Baldovinos-Mendoza Closed 0.00
YAK21-02002 Madeleine Trujillo Closed 0.00
YAK21-01949 Shawna Case Closed 32,692.15
YAK21-01955 Ron and Melissa Richter Closed 6,027.44
Totals for General Liability-7 Claims 7 46,363.35
Coverage:Law Enforcement Liability
YAK21-02009 Stephanie Hart Closed 594.57
YAK21-02014 Parmjit Singh Closed 0.00
Totals for Law Enforcement Liability-2 Claims 2 594.57
Grand Totals- 16 Claims 16 52,681.76
'INTERMOUNTAIN
7
INTERMOUNTAIN CLAIMS
SUMMARY
BY DEPARTMENT
07/01 /2021 TO 09/30/2021
INTERMOUNTAIN Closed Claims by Department
Quarterly -July 1, 2021 -September 30, 2021
Department I Divison Closed Total Paid
Location Number and Name: 031.COYA-GL-Police Department
Police Department Closed 1,197.39
Police Department Closed 0.00
Police Department Closed 594.57
Police Department Closed 0.00
Totals for 031.COYA-GL-Police Department-4 4 1,791.96
Claims
Location Number and Name: 054.COYA-GL-Utility Services Division
Utility Services Division Closed 0.00
Totals for 054.COYA-GL-Utility Services Division 1 0.00
-1 Claim
Location Number and Name: 141.COYA-GL-Streets Division
Streets Division Closed 243.68
Streets Division Closed 0.00
Streets Division Closed 292.41
Totals for 141.COYA-GL-Streets Division-3 3 536.09
Claims
Location Number and Name:471.COYA-GL-Refuse Division
Refuse Division Closed 1,897.36
Refuse Division Closed 352.77
Refuse Division Closed 0.00
Refuse Division Closed 3,637.59
Totals for 471.COYA-GL-Refuse Division-4 4 5,887.72
Claims
Location Number and Name:473.COYA-GL-Wastewater Division
Wastewater Division Closed 32,692.15
Wastewater Division Closed 5,746.40
Totals for 473.COYA-GL-Wastewater Division-2 2 38,438.55
Claims
Location Number and Name:475.COYA-GL-Irrigation Division
Irrigation Division Closed 6,027.44
Irrigation Division Closed 0.00
Totals for 475.COYA-GL-Irrigation Division- 2 2 6,027.44
Claims
Grand Totals- 16 Claims 16 52,681.76
'INTERMOUNTAIN
9
INTERMOUNTAIN CLAIMS
CLOSED CLAIMS
07/01 /2021 TO 09/30/2021
INTERMOUNTAIN Closed Claims Summary
Quarterly -July 1, 2021 -September 30, 2021
Type Of Claim A Close Date Department Event Description Claimant Full Name Jurisdiction Total Paid
Claim Number eceived State
Coverage:Auto Liability
Location Number and Name:031.COYA-GL-Police Department
Auto Liability YAK21-01978 12/5/2020 5/14/2021 7/1/2021 Police IV backed into CV Alberto Nateras Washington $1,197.39
PD Department
Auto Liability YAK21-02003 6/7/2021 7/8/2021 9/30/2021 Police IV merged into CV Jezlyn Acevedo Washington $0.00
PD Department
Totals for 031.COYA-GL-Police Department-2 Claims $1,197.39
Location Number and Name:141.COYA-GL-Streets Division
Auto Liability YAK21-02008 7/15/2021 7/15/2021 7/30/2021 Streets Overspray on CV from paint line truck Micheal Cervantes Washington $292.41
PD Division
Auto Liability YAK21-02032 9/2/2021 9/8/2021 9/27/2021 Streets Overspray on CV from paint line truck Mark Burnett Washington $243.68
PD Division
Totals for 141.COYA-GL-Streets Division-2 Claims $536.09
Location Number and Name:471.COYA-GL-Refuse Division
Auto Liability YAK21-02013 7/912021 7/29/2021 8/31/2021 Refuse Damaged vinyl fence from refuse truck Mary Bruseau Washington $352.77
PD Division
Auto Liability YAK21-01993 5/21/2021 6/18/2021 7/16/2021 Refuse Garbage truck caught on cable wire Jorge Cardenas Washington $0.00
PD Division connected to house
Auto Liability YAK20-01903 12/31/2020 12/31/2020 8/27/2021 Refuse CV struck by Refuse truck Adam Story Washington $3,637.59
PD Division
Totals for 471.COYA-GL-Refuse Division-3 Claims $3,990.36
Totals for Auto Liability-7 Claims $5,723.84
Coverage: General Liability
Location Number and Name:054.COYA-GL-Utility Services Division
Gen Liab PD YAK21-02016 8/312021 8/6/2021 8/26/2021 Utility Water leak caved front lawn Rick Cowels Washington $0.00
Services
Division
Totals for 054.COYA-GL-Utility Services Division- 1 Claim $0.00
Location Number and Name:141.COYA-GL-Streets Division
Gen Liab PD YAK21-02004 4/27/2021 718/2021 7/22/2021 Streets CV trailer tipped over in round about Salvador Baldovinos- Washington $0.00
Division Mendoza
Totals for 141.COYA-GL-Streets Division- 1 Claim $0.00
Location Number and Name:471.COYA-GL-Refuse Division
Gen Liab PD YAK21-02011 7/20/2021 7/28/2021 9/17/2021 Refuse Claimant driveway sustained damage from Antonio De Jesus Padilla Washington $1,897.36
Division City truck hydraulic failure.
Totals for 471.COYA-GL-Refuse Division-1 Claim $1,897.36
Location Number and Name:473.COYA-GL-Wastewater Division
Gen Liab PD YAK21-02019 4/2/2021 8/9/2021 9/2/2021 Wastewater Wastewater backup. Melissa&Jimmy Ray Head Washington $5,746.40
Division
'INTERMOUNTAIN
INTERMOUNTAIN Closed Claims Summary
Quarterly -July 1, 2021 -September 30, 2021
Type Of Claim Loss Date TPA Close Date Department Event Description Claimant Full Name Jurisdiction Total Paid
Claim Number Received State
Gen Liab PD YAK21-01949 3123/2021 3124/2021 7122/2021 Wastewater Sewer backup Shawna Case Washington $32,692.15
Division
Totals for 473.COYA-GL-Wastewater Division-2 Claims $38,438.55
Location Number and Name:475.COYA-GL-Irrigation Division
Gen Liab PD YAK21-01955 414/2021 418/2021 7112/2021 Irrigation Irrigation leak. Ron and Melissa Richter Washington $6,027.44
Division
Gen Liab PD YAK21-02002 5127/2021 717/2021 7129/2021 Irrigation Irrigation leak. Madeleine Trujillo Washington $0.00
Division
Totals for 475.COYA-GL-Irrigation Division-2 Claims $6,027.44
Totals for General Liability-7 Claims $46,363.35
Coverage: Law Enforcement Liability
Location Number and Name:031.COYA-GL-Police Department
Law YAK21-02009 6128/2021 7120/2021 81212021 Police Police dog damaged personal property. Stephanie Hart Washington $594.57
Enforcement Department
Liability
Law YAK21-02014 7126/2021 7129/2021 813012021 Police Crime scene investigation shut down Parmjit Singh Washington $0.00
Enforcement Department business access.
Liability
Totals for 031.COYA-GL-Police Department-2 Claims $594.57
Totals for Law Enforcement Liability-2 Claims $594.57
Grand Totals- 16 Claims $52,681.76
j INTERMOUNTAIN
12
CIAW CLAIMS SUMMARY
BY TYPE OF CLAIM
07/01 /2021 TO 09/30/2021
13
City of Yakima
CIAW Closed Claims Summary by Type of Claim
Third Quarter 2021
July 1, 2021 through September 30, 2021
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)
Total Number of Claims: 0
Total Dollars Paid: $0.00
General Liability- Property Damage (GLPD)
Total Number of Claims: 2
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: 1
Total Dollars Paid: $0.00
TOTAL NUMBER OF CLAIMS: 3
TOTAL DOLLARS PAID: $0.00
14
CIAW CLAIMS SUMMARY
BY DEPARTMENT
07/01 /2021 TO 09/30/2021
15
City of Yakima
CIAW Closed Claims Summary by Department
Third Quarter 2021
July 1, 2021 through September 30, 2021
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 1 $0.00
Police Department 2 $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: 3 $0.00
16
CIAW CLOSED CLAIMS
07/01 /2021 TO 09/30/2021
re-4- AW City of Yakima Closed Claims 7-1-2021 to 9302021
IDepartment1Division (Claim Number M. !Event Date (Date of Claim !Coverage (Sub-Coverage 'Date Closed (Claimant Full Name- (Event Description jStatus Settlement
Location:Yakima Planning Division
t overage:Wrongful Acts-Primary
Yakima Plannin.Division LCYPIan2014041480 1/22/2015 2/13/2015 Wron.ful Acts 8/6/2021 Matthew&Linda Seaman Land use issue C
Totals for Wrongful Acts-Primary-1 Claims $0.00
Totals for Yakima Planning Division-1 Claims $0.00
Location:Yakima Police Department
Coverage:Law Enforcement Liability
Yakima Police Department C1171 11/18/2016 11/26/2019 General Liability 8/31/2021 Alberto Alvarez Alleged civil rights violation C
Yakima Police De artment C1605 4/29/2017 2/12/2021 General Liabilit 7/1/2021 Melissa Geor a Alle ed wron ful arrest C
o a s or aw n orceme a - a ms 0.00
Totals for Yakima Police Department-2 Claims _ $0.00
Grand Totals-3 Claims I •I I
18
WSTIP CLOSED CLAIMS
07/01 /2021 TO 09/30/2021
Yakima Transit Closed Claims —07/01/2021 —09/30/2021
Total Paid
Claim/Event Date of Date to
Number Event Date Claim Claimant Dept. Location Type Status Description Closed Claimant Outcome
by WSTIP
21-029250-1 03/07/2021 04/15/2021 Martin Salazar Yakima 3"'Avenue and ALPD C Claimant alleged property 05/24/2021 $2,620.49 Settled
Cervantes Transit Walnut damage.
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 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.