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11/16/2021 04.E. Resolution accepting and approving 3rd Quarter 2021 Claim Report P-411111&A 1-E-cm't rr 11 i�O enc u nrry 1 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 3 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.