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HomeMy WebLinkAbout4.02 RejectionOfClaims CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 28, 1989 SUBJECT : Rejection of Claims #0040 - Tomasetti, Mario #0047 - Morrison, Michael EXHIBITS ATTACHED : Claim Forms 0~:.~eny both RECOMMENDATION % ~/claimants claims and direct Staff to notify the FINANCIAL STATEMENT: Claim #0040 is in the amount of $250,000. Claim #0047 is in the amount of $25 plus unknown charges. DESCRIPTION : Claim #0040 was submitted by Marlo Tomasetti on July 17, 1989. The claim alleges that the claimant was injured by employees of Dublin Police Services, a contract service provided by the Alameda County Sheriff's Department. The City's insurance provider is in the process of tendering the claim to Alameda County. This is consistent with the City's agreement for services. Based on the agreements, it is recommended that the City Council deny the claim. Claim #0047 was submitted on behalf of Michael Morrison on July 27, 1989. The claim alleges damage to a tire as a result of roadwork undertaken in June of 1989. The claim appears to have arisen from work associated with Contract No. 89-3 with Bay Cities Paving & Grading. Based on the terms of the agreement, the City's insurance provider is recommending the rejection of the claim. It will be tendered to Bay Cities Paving & Grading. Staff recommends the denial of both claims which frames for action by either party. In addition, tender of each claim to the responsible entity. will establish legal time ABAG Plan will pursue the / -~ COPIES TO: Terri Hodges, ABAG Plan ITEM NO. ~ RI~CEIVED CITY i~, DATE RECEIVED (OFfice Use Only) CLAIM AGAINST Tile CITY OF DUBLIN JUL 1T 19~9 CITY OF DIJBLIN ~-IIII CLAIM NUMBER (Offlc~ U~o Only) [-Iooress OllblallllUIll, ,, ', - -' '/' ' L --'~ ' Telephone Number (~//~-g~P- '© ~ c/~ / ) Send Notices To: ~ ~ o u~ Date of Occurrence: Time of Occurrence: ,~_z~__ Place of Occurrence: (Provide detailed diagram de.scribing the exact location, in,lading physlcal land, marks or disttngui.shigg land features~f apprpprtate) Circumstances of Occurrence: (If an accident, describe physical conditions sFor~u, ndlng occurrenca such'es weather, road, and U'afl'lo condlti~.0ns, e}J))), ,q , ~' · ,,ce_ ~-r',~_p I~ ~,fl t~e ~.,.,e~ ;_L r(" ,d'/n:Jr l,.dh~,.o ? 'F~ ,~e,~ -F~ ~/~ ~ 0o~-~,~ rpu/.,IX, d '(/, I/cc. List names, addresses and phone.numl~ers of ~n~ wltness~: Brlefl, exp, lain why you feel the City of,..Dyblln Is responsible:._. ~ ~.~ce 0~'~:~ ~,~poe~s~r,,I,/ ~c/een /~e ~ ~-'~ ~ ~ I Total Amount Claimed: (Note: Pursuant to State Law any claim for $10.000 or less must be specified as described In eovernment Code Section 910(f). If a dollar amount is not shown indicate whether Jurisdiction over the claim would rest in municipal or superior court.) Breakdown of Amount Cloimed:(If applicable) Signed: , RECEIYED JUL -2 ¢ i9~9 CITY OF DUBLIN DATE RECEIVED (Office Use Only) CLAIM AGAINST THE CITY OF DUBLIN .R:~CEIVED JUL 2 7 1929 OIlY OF- DUBLIN CLAIM NUMBER (Office Usa Only) Na.~ne of Claimant Address of Claimant ~/~_ Telephone Number ~¢~ -~-~ Send Notices To: Date of Occurrence: ~ ~ ' Time of Occurrence:~~, Place of Occurrence: (~r~ detailed dl~rem de~riblng the exit l~Uon, lndluding p~siml landmarks or d~sUngu~shing lend f~tures, Clrcumstance~ of Occurrence. (~fen ~t~nt, ~rlbe p~si~l conditions surrounding ~urrence such'es w~ther, r~-, end traffic mndlUons, etc.) Provide a Description of Damage or Loss-' C~/~-~ ~ ~ ~ Name and Department~f Inv~ved City ~ployee (if ~ny). B~iefly explain whyyou feel the. City of Dublin Is responsible: ~ Total Am- - -~ aunt Clalmed:'-'--"'~: (Note: Pursuant to State Law any claim for $ I 0,000 or less must be specified as described In Oovernment Code Section 910(f). If a dollar amount Is not shown indicate whether Jurisdiction over the claim would rest in municipal or superior court.) Breakdown of Amount Clalmed:(lf applicoble)'~¢,:¢Cc~4? ~-~', Note: A Cia m relaUng lo a cause or acUon for dea~ or?r ~ry lo person or [o personal properw or O~owtng o~ crops shall be presented not la~e~ [hen slx (6) mon~s a~er ~e cause erect on. A relating [o any o~er cause of acUon shall be presented not later ~an one (1) year a~Le~ the cause o~ action. (~overnmenL Code Section 911.2) I~ the date o~ occurrence was prior 1~68, different filing deadlines would apply. When a claim Is required Lo be presented not later than slx (6) months after the accrual or tho cause of action, Is not presented within such Lime: a written application may be made to the CILy Council for leave to present such claim. The application shall be presented within a reasonable Lime hal Lo exceed one (I) year oiler the accrual of the cause of action and shall stale the reason for the delay In ._[~rosenllng Lha claim, The proposed claim shall be aLtached to the application, 65OC) DUBLIN 8tVD (415) 829-46OO (415) 829-O822 (415) 829 4600 (415) 8290822 (4t5) 829-4927 (415) 829-6226 (415) 829 4916 (415) 829-O566 (415) 829-4927 RECREATION (415) 829-4932 CITY OF DUBLIN RO. Box 2340 DUBLIN, CALIFORNIA 94568 Mr. Ben Rodriquez, Principal Bay Cities Paving and Grading, Inc. 5124 Huntwood Richmond, CA 94804 Claim for Damages RE: City of Dublin_~ach 8~~-~. Dear Mr. Rodriquez: The City is in receipt of a claim by Michael Morrison, appears to have arisen from work associated with the contract referenced above. which Please review Section 1.19 of the Agreement. In addition, this Agreement included explicit hold harmless clauses and provisions for the City of Dublin to be added as an additional insured on your General Liability Policy No. BPP0814069. A copy of the claim submitted has been enclosed. The City's insurance coverage is provided for by ABAG PLAN Corporation. I have directed this claim to MS. Terri Hodges, Claims Examiner. Ms. Hodges will be in contact with you regarding the tender of the claim. If you have any questions, please contact Ms. Hodges at 464-7954. Sincerely, PSR:slh Paul S. Rankin Assistant City Manager cc: Terri Hodges, ABAG PLAN Lee Thompson, City Engineer