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HomeMy WebLinkAbout10 CLAIM 09-19, ALLIED REFRIGERATION INC. 07-21-09Agenda Item 10 + Reviewed: ,~~~~~ ' AGENDA REPORT City Manager ~~~ r 'µ Finance Director N/A MEETING DATE: TO: FROM: SUBJECT: SUMMARY: JULY 21, 2009 WILLIAM A. HUSTON, CITY MANAGER KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OF ALLIED REFRIGERATION INC., CLAIM NO. 09-19 The Claimant alleges that an underground conduit in front of their facility at Edinger and the 55 freeway was cut during a City improvement project. The claimant alleges that the cut conduit caused their fire sprinkler and monitoring system to go down. They also allege damage to sewer services from excavations during the project. The alleged damages occurred on September 25, 2006 and totaled $3,838.28. A claim was not filed against the City until June 29, 2009. The claimant has also filed an application for leave to present a late claim, which indicates the work performed on site was done over the course of two years and was recently completed. They indicate a claim was not previously filed pending receipt of final invoices and potential undiscovered damages. RECOMMENDATION: That the City Council deny the Application for Leave to Present Late Claim Number 09-19, Allied Refrigeration, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The claimant has not provided a sufficient defense or explanation for the late submission of this claim. The claimant chose not to submit a claim for over two and one half years after the date of the alleged incident, and as such staff is recommending denial of the application for leave to present late claim. Kristi Recchia Director of Human Resources ATTACHMENTS: Copy of Claim No. 09-19 Application for Leave to Present Late Claim CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) Received Via: ^ U.S. Mail ^ Inter-Office Mail ^ Over the Counter CITY OF TUSTIN Time Stamp: 1009 JUN 2 9 A 9: 4 2 Claim No: c7 1-~ ~ PLEASE NOTE: A. Read entire claim before filing. B. Be sure your claim is against the City of Tustin, not another public entity. C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence (Government Code § 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code § 911.2). E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on his behalf (Government Code § 910.2). G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims. H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 2 4 Name and Post Office address of the Claimant: Name of Claimant: Allied Re fr iQerat ion Inc __ __ Home Address: 1211 E Edinger Ave, Tusi`in CA 92780 Home Telephone: Work Telephone: ~ I ~ ~ 5_cL0 109 Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: A~ 1 ' d R r z gerat 4 on Inc Telephone: ~~ X4.5 5301 Post Office Address: PO BOX 24 1 1 , Long Beach CA 90755 The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: 9 /25 /06 Time of Occurrence: Location: 1211 E Edinger Ave, Tustin CA 92780 Circumstances giving rise to this claim: r~ ng the city's wo 1 'mprovPmPnr G ar Frl i noF r and the 55 FWY in front of our facility, an underground conduit was cut which caused our fire sprinkler and monitoring systems to go down. This claim is to reimburse us for the services that were performed in order to get our systems back to working condition. There was also other damage to sewer services from the excavations. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. We paid for electrical and plumbing services in order to repair thedamage caused by the city and or it's contractor. Page 1 of 3 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known. City of Tustin and/or it's approved contractor 6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury, damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: $3,838.28 (see attached invoices) If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) ^ Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the following questions 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: David Rivera 1211 E Edinger Ave Tustin CA 92780 714 259 0109 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: N/A If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is: The work performed on site was done over the course of two vears and just recently completed. Thus, we have not filed the claim pending the reeeipt of the final invoices and the possiblity of other damage charges not yet identified. le 210 ~ og Date Signature of Claimant Revised 12/2004 Page 3 o f 3 "--«-cn~eb b5r :53 AM TOM-BULL I vAN 562 424 1688 AAA ELECTRICAL ENTERPRISES, INC. ' CALVERT HEATING dl AIR CON~ITIONIN6 ~~~ ~ac~/I P,o, eox 9o36e LONG BEACW, CA 90809 , PHONE (362) 429-1546 ~~~ ~', ST. LIC, #242328 C10•C20 Customer Name: Allied Rel}iQeration 12 I 1 E. Editl~ar Avenue Tustin, CA 92750 P. 01 Invoice Dab tnvolaa M IaI2R006 20894 ~ ~ .~ Order Date 8fart Daa: Job Nana Jab Location: 9/ 1 ?!2006 09/238006 SAME Item Desa~iption OuantNy Rob Amount PFR BID PROVIDED -RAN CONI)UI'I' FROM ADT CONTROL. PANT•.1.'TA Ot1't'SIDt? MONITOR VA1.VF.. WORK INCLUDBS CORE DRll,l. TITRAUGH WALL, SAW CUT OF PARKING I.AT AND t1NDERGROIJM~ CANDUIT RUN FROM MONITOR Vn1.E TO CONTROL. PANEL. PIiR f:l.(sCT DID ... 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