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HomeMy WebLinkAbout11/01/2022 06.C. Resolution accepting and approving 3rd Quarter 2022 Claim Report 5l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.C. For Meeting of: November 1, 2022 ITEM TITLE: Resolution accepting and approving 3rd Quarter2022 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 2022. 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$100,000 or less, and Resolution No. R-2022-008 was adopted on January 4, 2022. All payment amounts listed on the CIAW report show the amount paid by the City of Yakima and CIAW toward the settlement, with the City of Yakima paying up to its $100,000 insurance deductible. Intermountain Claims is the City's Third Party Administrator on claims with incidents beginning December 1, 2019. The report includes the following information for the 3rd quarter 2022: (1) Intermountain Claims summary by type of claim; (2) Intermountain Claims summary by department; (3) Intermountain Claims closed claims for the 3rd Quarter 2022; (4) CIAW summary by type of claim; (5) CIAW summary by department; (6) CIAW closed claims for the 3rd Quarter 2022; and, (7)WSTI P Closed Claims for the 3rd Quarter 2022. The CIAW `summary by department'does not properly identify the department for the claims listed under the General Liability coverage section. It notes the City of Yakima instead of Yakima Police Department as the department. CIAW advises they are currently using a new claim system and the information showing on the report identifying the "City of Yakima" as the department was created in the old system and imported to the new system. CIAW advises that because of this, they are not able to make the change to reflect the appropriate department. Adopting the attached claims resolution affirms and ratifies the payments made by the City of Yakima on claims closed during the 3rd Quarter of 2022 as listed in the reports. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type 0 Res-3rd Quarter 2022 Claim Report 10/20/2022 Resolution D 3rd Qtr 2022 Claim Report 10/20/2022 Backup Material 3 RESOLUTION NO. R-2022- A RESOLUTION accepting and approving the 3rd Quarter 2022 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$100,000 or less; and WHEREAS, the attached Claim Report contains information on and the disposition of the various claims submitted to the City of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The attached 3rd Quarter 2022 Claim Report, together with payments and disbursements listed therein, is hereby accepted, approved, and ratified. ADOPTED BY THE CITY COUNCIL this 1st day of November, 2022. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk 4 I II 1 3rd ♦ , ID 5 INTE ' • UNT A IN CL A IMS SUMMA ' Y = YTY ' E • FCLaIM I7/ 11 /2 � 22 T • I 6 /3I /2I22 6 I *a' 111 T * i•k • - i 1 • , 0 v-r. • - Otiartery - ,i1..ty 1 2022 to Septernber 30, 2022 Claim Number Claimant Status Total Paid Auto Liability YAK22-02193 Patricia Herrera Closed 210 82 YAK22-02211 Mary Armes Closed 313.83 YAK22-02201 David R Staley Closed 306.88 YAK22-02205 Pete lalarirtace Closed 2,230.76 YAK22-02220 Teresa Mendoza-Casby Closed 0.00 YAK22-02216 Safeco Insurance Company aisio Closed 3,088.29 Jennifer Nelson Totals for Auto Liability-6 Clams 6 6,148.58 C.,:rviir 100 General Liability YAK22-02212 Kane Cooper Closed 0 00 YAK21-01987-03 Estate of Barrett Closed 90,000 00 YAK22-02191 Viola Hope Baltazar Closed 774.48 YAK22-02177 Stephen D.Longrnire Closed 0.00 YAK22-02188 Daniel Patrick Snyder Closed 0 00 YAK22-02182 Anthony James Desanto Closed 0 00 YAK22-02200 Isaiah Alfredo Pacheco Closed 0 00 YAK22-02181 Goodwill of the Olympics and Ranier Closed 0.00 Region YAK22-02207 Juan Carlos Perea Closed 0.00 Totals for General Liability-9 Claims 9 90,774.48 Cove-ige Law Enforcement Liability YAK21-02081 Misty Ann Searles Closed 0.00 YAK21-02094 Gary I Marang Closed 0,00 YAK22-02208 Justin&Star Pitts Closed 0.00 Totals for Law Enforcement Liability-3 Claims 3 0.00 Grand Totals-18 Claims 18 96,923.06 INTERMOUNTAIN 7 INTE ' A IN CLAIMS SUMMA ' Y = Y � E ' ARTMENT � 7/ I1 /2I22 T • � •J3 � /2I22 8 I .0; i • Ali rt. nt Quarterly - July 1. 2022 to Se321ealeer 30 2022 Department I Divison Cl.--•• T.r„I Paid L a tin Winonet a int IA tin in 031.COYA Gt.-Police Department Police Department Closed 0.00 Police Department Closed 0.00 Police Department Closed 0.00 Police Department Closed 3,088.29 Totals for 031.COYA Gt..-Police Department-4 4 3,086.29 Claims L.ocaboo Number and Name 131.COYA-GL-Parks&Recreation Division Parks&Recreation Division Closed 0.00 Parks&Recreation Division Closed 0.00 Totals for 131,COYA GL-Parks&Recreation 2 0.00 Division-2 Claims Location Number and Name 141.COYA GL-Streets Division Streets Division Closed 0.00 Streets Division Closed 0.00 Streets Division Closed 0.00 Streets Division Closed 90,000.00 Streets Division Closed 774.48 Totals for 141.COYA GL Streets Division-5 5 90,774.48 Claims Location Number ano Name 471.COYA GL-Refuse Division Refuse Division Closed 0.00 Refuse Division Closed 313.83 Refuse Division Closed 306.88 Refuse Division Closed 2.230.76 Refuse Division Closed 210.82 Totals for 471.COYA -Refuse Division-5 5 3,06229 Claims LOCai can NurnbTal arhi Name 473.COYA GL-Wastewater Division Wastewater Division Closed 0.00 Totals for 473.COYA GL Wastewater Division-1 COO Claim Lebanon Number and Name'474.COYA GL Water Division Water Division Closed 0.00 Totals for 474COYA GL-Water Division-1 Claim I 0.00 Grand Totals-18 Claims 18 96,923,06 INTERMOUNTAIN 9 INTE ' M � UNT A IN CLAIMS CL 410 SE • CLAIMS � 7/ a1 / • 09/31 /2122 INTERMOUNTAIN Closed Claims Summary Quarterly - July 1; 2012 to September '30. 2022 Type Of Claim Los*Date TPA Close Date Department Event Description Claimant Full Name Jurisdiction Total Paid Claim Number Received State C 0'.1Waye Auto Liability 1 ,.,c;Ilion Nwnhor and Na.roo' 031.COYA -GL -Police Department Auto Liability YAK22-02216 7/2/2022 9/6/2022 9/29/2022 Police IV allegedly struck CV Safeco Insurance Company Washington $3,086.29 PD Department a/s/o Jennifer Nelson Totals for 031.COYA-GL-Police Department- 1 Claim $3,086.29 f.Ot%atit)r: NhIlikt:Wf j...4. tef Ni.iirz..:! 471.COYA -GL-Refuse Division Auto Liability YAK22-02220 7/19/2022 9/13/2022 9/23/2022 Refuse IV allegedly pulled electrical cable and Teresa Mendoza-Casby Washington $0.00 PD Division caused PD Auto Liability YAK22-02201 7/18/2022 7/27/2022 9/8/2022 Refuse IV allegedly struck tree David R Staley Washington $306.88 PD Division Auto Liability YAK22-02205 7/13/2022 8/3/2022 9/9/2022 Refuse IV allegedly leaked oil onto property Pete Marinace Washington $2,230.76 PD Division Auto Liability YAK22-02211 7/28/2022 8/22/2022 9/6/2022 Refuse IV allegedly struck fence Mary Armas Washington $313.83 PD Division Auto Liability YAK22-02193 7/13/2022 7/15/2022 8/18/2022 Refuse IV allegedly struck claimant fence Patricia Herrera Washington $210.82 PD Division Totals for 471-COYA•GL-Refuse Division•5 Claims $3,062.29 Totals for Auto Liability-6 Claims $6,148.58 1.2' General Liability i.o,•.Ation Nt.ttiliAq i.:14.1 N,110i.' 131.COYA -GL-Parks & Recreation Division Gen Liab PD YAK22-02188 7/1/2022 7/8/2022 7120/2022 Parks& Alleged property damage to CV from golf ball Daniel Patrick Snyder Washington 50.00 Recreation Division Gen Liab PD YAK22-02177 5/18/2022 6/2/2022 7/11/2022 Parks& Alleged property damage to CV from golf ball Stephen D.Longmire Washington $0.00 Recreation Division Totals for 131.COYA-GL-Parks&Recreation Division-2 Claims $0.00 k 04„...luu 0 NLIlitbe? zlud Na$ni... 141,COYA-GL-Streets Division Gen Liab PD YAK22-02181 6/13/2022 6/14/2022 8/16/2022 Streets CV struck steel plate in street Goodwill of the Olympics and Washington $0,00 Division Ranier Region Gen Liab PD YAK22-02191 7/13/2022 7/13/2022 9/1212022 Streets Alleged damage to CV by road work Viola Hope Baltazar Washington $774,48 Division Gen Liab BI YAK21-01967 4/12/2020 7/20/2022 9/29/2022 Streets Wrongful Death Estate of Barrett Washington $90,000.00 -03 Division Gen Liab PD YAK22-02200 6/17/2022 7/27/2022 8/5/2022 Streets Alleged damage to CV by road work Isaiah Alfredo Pacheco Washington $0.00 Division Gen Liab PD YAK22-02207 7/30/2022 8/4/2022 8/17/2022 Streets Alleged damage to CV try road work Juan Carlos Perea Washington $0.00 Division Totals for 141.COYA-GL-Streets Division-5 Claims $90,774,48 11. .. INTERMOUNTAIN INTERMOUNTAIN Closed Claims Summary Quarterly - July 1; 2022 to September 2;0. 2022 Type Of Claim Loes Date TPA Close Dais Department Event Description Claimant Full Name Jurisdiction Total Paid Claim Number Received State Location ;slumber anoN 473.COYA-GL -Wastewater Division Gen Liab PD YAK22-02212 615/2022 8/11/2022 8/31/2022 Wastewater Alleged properly damage from water overflow Karie Cooper Washington S0.00 Division Totals for 473.COYA-GL-Wastewater Division-1 Claim $0.00 017,31Wsrl. n f a 51d r1;WO 474.COYA-GL-Water Division Gen Liab PD YAK22-02182 6/4/2022 6/16/2022 8/5/2022 Water Division Alleged property damage from surface water Anthony James Desanto Washington $0.00 Totals for 474.COYA-GL-Water Division-1 Claim $0.00 Totals for General Liability-9 Claims $90,774.48 Coverogrr Law Enforcement Liability Location Naramer and N om 031.COYA-GL-Police Department Law YAK21-02081 11/21/2021 11/24/2021 7/19/2022 Police Alleged property damage from police Misty Ann Searles Washington S0.00 Enforcement Department Liability Law YAK21-02094 11/22/2021 12/16/2021 7/20/2022 Police Alleged property damage from police Gary I Marang Washington 50,00 Enforcement Department Liability Law YAK22-02206 6/8/2022 8/4/2022 8/29/2022 Police Alleged improper impound/storage fees by Justin&Star Pins Washington $0.00 Enforcement Department police Liability Totals for 031.COYA GL-Police Department-3 Claims S0.00 Totals for Law Enforcement Liability-3 Claims $0.00 Grand Totals-18 Claims 896,923.06 INTERMOUNTAIN 12 CI A W CL A IMS SUMM A ' = YTY ' E • F CLAIM � 7/ 11 /2I22 T • I • /3 � /2 � 22 13 City of Yakima CIAW Closed Claims Summary by Type of Claim Third Quarter 2022 July 1, 2022 through September 30, 2022 Auto Bodily Injury (ABI) Total Number of Claims: Total Dollars Paid: Automobile Liability - Property Damage (ALPD) Total Number of Claims: 1 Total Dollars Paid: $85,000.00 Employment Practices Liability (EPL) Total Number of Claims: 0 Total Dollars Paid: $0.00 General Liability - Bodily Injury (GLBI) Total Number of Claims: Total Dollars Paid: General Liability - Property Damage (GLPD) Total Number of Claims: 9 Total Dollars Paid: $757,117.05 Law Enforcement (LE) Total Number of Claims 1 Total Dollars Paid: $170,000.00 Wrongful Acts (WA) Total Number of Claims: Total Dollars Paid: $0.00 TOTAL NUMBER OF CLAIMS: 11 TOTAL DOLLARS PAID: $1,012,117.05 14 CI A W CL A IMS SUMM A ' Y = Y ' TMENT 17/ 11 / • i • /31 /2 �22 15 City of Yakima CLAW Closed Claims Summary by Department Third Quarter 2022 July 1, 2022 through September 30, 2022 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 (City of Yakima) 9 $757,117.05 Parks and Recreation Division 0 $0.00 Planning Division 0 $0.00 Police Department 2 $255,000,00 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: 11 $1,012,117.05 16 ClAW CLsSE ' CLaIMS I7/ � 1 /2 � 22 Ti I9/3 � /2I22 0912827771PPV0:92oto8 Claim N1777111211 E2v1V1 Dub s 0,919 of Claim Dossrogs Do6/0orstsgr pato Cliff ClAttliatif Foil Narita Drool Description Stators Setlienient Locati oil:'lariats Police Department Coverage:Auto Liability Yakima Police brepaginertI LCveoni 70440458 lig/2017 1/1012017 Business Auto Property Damage 7720/2422 Carter,Dave IV hit DV C I sas,cloo oal Totals for Auto Liability-1 Claims $95,990.99 Coverage:Law Enforceniera Liability Yakriira Police Department LCY1702017045141 4/242017 7i21/2017 General Liability 67'1,2022 Dobbs.Gaiy Clarrant ler:Dived rio inealcai trustrnent C 1 8174,000 001 Totals for Law Eraortorront Liability-I Claims ,. SIT0,990.00 blot.for Tarrinta POSCOOripadrObilt 72 Clai992 $255,0992.49 Locatioll:Yakima,City of Coverage:General Liability Yakiiim City iif LCYaki2017040137 6/2772017 7/20/2017 General Liability Property Damage 2/31,2622 Wanes Read Fire Fire damage C $ig 00 Yakima City tO LCYaki201/046127 2 6727,2017 7;20/2017 General Lleb,rty Properly 04301a0 a/31,2022 Pacific Priwor i Portland Fire daiiiage C 5119,11705 Yakima City iif LCYoki2017045137,22 6/2712017 7120/2017 General Liability Piorwily Claircabe a/31/2022 DepartITYQ(11;ft Natural Ressinces Fire damage C 151311,00000 Yak to City et I.CYak,2017446137_4 6127/2017 7,20/2017 Garters!L,a It y Progeny Damage 6312022 Savaria,Leorr Fire darrorge C 5100,000 00, Yakima City el LCYaki2017046137 5 6/27/2017 712012017 Genera!Liability Property Damage 8/9/2822 Gabbard r ark Fire darliage C 55,520 OD Yak no City of LCYaki2017046137-6 872772017 712012017 Genera!Liability Properly Dw-lace 03112022 PrIckershars,for Murray Pa Op Pam Fire Our-age C 2115,00000, Yakima C{ty of LCYaliii2017040137_7 9/2712017 7120/2017 General Lotb,lity Piormrly Damage 8/31/2022 Harr,Gall Fire dainage C $45,000.06 Yakima City of LCYaki2017046137_8 0/27+2017 7720/2017 Genera!Liatairty Pfalmtly Damage 831,2422 Johnson.Kosiberiy Fire(ferriage C $808013 OD Yakima.City of LCYaki2317046137_9 6127;2017 7,20/2017 General Llatarry Property Darnage 8/31,2822 Mayo&Dgenoya dee Flare/ire Outfit,Inc Douglas File tlainage 11 5102 544 08 Totals for General Lieltilits r 9 rtaline 4767117°6 Totals for Yakitua.City or.,9 Claims $197,i17.99 Grand Totals-It ClOttos 1$1,012,117.051 18 WSTI ' CLSSE ' CL I7/ 11 /2I22 TO I • /3I /2I22 Yakima Transit Closed Claims — 07/01/2022 —09/30/2022 Total Paid Claim/Event Date of Date to Number Event Date Claim.. Claimant Dept. Location Type Status Description Closed Claimant Outcome by WSTIP ALPD Yakima Claimant alleged property 22-037966-2 07/30/2022 08/05/2022 April Adkison nsit S. 7h Avenue (3' Closed 09/12/2022 $4,377.92 Denied Paratra darnage Party) The City of Yakima WSTIP Transit Insurance has a $5,000 deductible on employment claims and a $0 liability deductible on its WSTIP insurance, so the amounts paid for non employment claims on the Yakima Transit Closed Claims report were paid by WSTIP, not the City.