HomeMy WebLinkAbout06 CONSIDERATION OF CLAIM OF ANTHONY V. NGUYEN CLAIM NO 10-11Agenda Item 6
~ Reviewed:
AGENDA ~,EPORT City Manager
-•~s•~"` Finance Director N/A
MEETING DATE: JULY 6, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CONSIDERATION OF CLAIM OF ANTHONY V. NGUYEN, CLAIM NO. 10-11
SUMMARY:
The Claimant alleges property damage in the form of a dented front door, and damaged/broken
door frame and latch as a result of police forcing entry into his home.
RECOMMENDATION:
That the City Council deny Claim Number 10-11, Anthony V. Nguyen, and direct Staff to send
notice thereof to the Claimants.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator has found no fault attributable to the City of Tustin in this incident.
The Tustin Police Department was in the process of serving a search warrant related to an active
homicide investigation. The officers provided proper knock and notice prior to entering, however,
there was no response, necessitating that officers force entry. Staff is recommending denial of
the claim.
t. ~ to
Kristi Recchia
Director of Human Resources
ATTACHMENT: Copy of Claim No. 10-11
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CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property}
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Received Via: Time Stamp:
^ U.S. Mail
^ Inter-Office Mail ~~1~ ~~~~ ~ 2 ,`~ ~~~ ~ ~ 1
^ Over the Counter Claim No: ~ - ~
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 tiled 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.
Name and Post Office address of the Claimant:
Name of Claimant: ~~CyN~ V ~L l~~E~
Home Address:
Home Telephone ~4'ot~k Telephone:
Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: ___ Telephone:
Post Office Address:
The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: ~„y , ~ ~ ~~ t~ Time of Occurrence: ~~,~pX 7! 3d ~, t,,~y
Location: .R,Ec~t,p~
Circumstances giving rise to this claim:
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~ $~Rt D t tJ +~.3cti N-~ 2.. TktE ~v' ~~c.k. ~T -t=i RS1~.
General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
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Page 1 of 4
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The name or names of the public employee or employees causing the injury, damage, or loss, if known.
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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:
~ ,~ ~ ~-~pu~-G~ Leo ~ ~.~c, E IJCz E ~ t ~E ~ ~7~ ~'YL~ ~ Oboes.- ~'A~m_~
w7' ~ ~ h INS ~- k UST v ~1 i~c~c~2. - c.J au Lfl Q_.E QUA trZ.~
4.k p,,~t Ca ti1C, ~rnl ~ U c~'h-f
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
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
~1tJ~R ~ ("syc~u~E ~
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:
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
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:
!f applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 4
~;
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READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SIDEWALK
CURB -~
PARKWAY
SIDEWALK
CURB -~,
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature:
Date: ~/i~~~d
Page 3 of 4
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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:
Date
Revised 12/2004
Signature of Claimant
Page 4 of 4
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January 14, 2010
Mr. Tony Nguyen
Re: :Replace the Leading Edge Side of the
E-ttry Door Jamb
Construction Agreement # 12112
Cost: $ 300.00
Dear Mr. Nguyen:
Thank you for the opportunity to submit a proposal for repairs at your home.
The following proposal titled Construction Agreement # 12112 will become
the contract if signed by yourself and Orange Coast Building Services.
ORANGE COAST
BUILDING SERVICES, INC
General Contractor/Consultants
Corpornte Office
2191 S. Dupont Dr.
Anaheim, Ca 92806-6102
714-453-6300
FAX 114-453-6301
Please see Pages 2 through 3 for Scope of Work and Page 4 for Cost.
If the terms of this proposal are acceptable, please confirm approximate
commencement and completion dates with our office so that we may properly
schedule the work. Finally, please sign Page 4. Please complete and return
one signed construction agreement to our office by fax or mail before we
commence work.
Please call us anytime and we will be happy to explain or expand on our
services.
Regional Offices
los Angeles
Coachella Valley
Respectfully Submitted,
IM GARO
President, Construction
Orange Coast Building Services, Inc.
San Diego
CA Stote license #504616
800-834-2323
Ill/2_Ltr
ORANGE COAST BUILDING SERVICES, INC.
2191 South Dupont Drive
Anaheim, CA 92806
(714) 453-6300 -fax (714) 453-6301
Contractor License No: B-504676
CONSTRUCTION AGREEMENT # 12112
( • Replace tlae Leading Edge Side of the Entry Door Jamb)
This Construction Agreement ("Agreement") is entered into by and between ORANGE
COAST BUILDING SERVICES, INC., a California corporation ("Contractor") and TONY
NGUYEN ("Owner") as of January 14, 2010. Contractor and Owner are referred to herein
individually as a "Party" and collectively as the "Parties".
RECITALS
Owner is the owner of real property commonly known as:
Anaheim, California ("Premises").
A. Contractor is a contractor duly licensed by the California Contractors State License
Board, License No. B-504676.
B. Owner wishes to retain Contractor to perform construction services, and Contractor
wishes to perform such services for Owner, all as more particularly described herein.
NOW, THEREFORE, the Parties hereby agree as follows:
1. The prevailing Party in any action or proceeding (including without limitation
arbitration) to enforce this Agreement shall be entitled to recover from the other Party reasonable
attorneys' fees, costs and expenses incurred in the prosecution or defense of the action or
proceeding. Regardless of the nature of the action or proceeding, or the amount actually incurred,
no party shall be entitled to recover attorney's fees in excess of the amount of this Agreement.
~,
EXHIBIT "A"
SCOPE OF WORK
Location: Nguyen Residence
JOB DESCRIPTION/SPECIFICATIONS:
This Agreement addresses the replacement of the leading edge side of the entry door jamb at the
above referenced location.
SCOPE OF WORK:
Replace the Leading Edge Side of the Entry Doar Jamb located at 455 W Summerfield
Circle
1.0 Schedule with the homeowner for the commencement of work.
2.0 Remove the weather stripping and save for reuse.
3.0 Remove the leading edge side of the door jamb and dispose of.
4.0 Pre-prime the new door jamb material.
S. D Install the new door jamb.
6.0 Install the entry lock and deadbolt catch plate hardware to the new jamb.
Please Note:
• No costs are included for architecture, engineering, plans, plan check, permits, fees,
inspections, special inspections, etc.
• No costs are included for the entry door.
• No costs are included for the door casing.
• No costs are included for drywall repairs.
• No costs are included for painting.
• No costs are included far any repairs not mentioned in this agreement.
• No costs are included for any additional repairs encountered during this repair.
• If any of the above is/are required, it's/their cost(s) shall be extra as described below
in *Terms for Extra work.
iz~t?_Nguye» Page 2 of4
(~ ~. _.
Please Note•
EXHIBIT "A"
SCOPF OF WORK -continued
• Contractor does not assume any responsibility for the investigation, detection or
renaediation of any existing mold conditions. If any mold conditions are uncovered
during Contractor's repairs, Contractor shall notify the Homeowners before proceeding
with the Work. Homeow~aer assumes the sole responsibility for the adequacy of all testing
and remediation of any mold conditions if the Contractor discovers them, as well as
disclosing any such conditions to all affected homeowners within the Assaciation whose
property is affected.
• Reasonable care shall be exercised to protect existing structure and adjacent vegetation from
damage. Photographs of existing conditions shall be taken prior to commencement of the
Work. Contractor shall not be held liable for minor damage that may occur.
• New wood materials shall be primed on all sides prior to installation.
• All removed materials, construction debris and loose trash shall be removed from work
areas, leaving site clean daily.
Exclusioi:s:
• This Agreement does not include any costs for trimming, removal and/or relocation of
existing vegetation to clear a work path to complete the above mentioned Scope of Work.
Also, no costs are included for the relocation of items such as, but not limited to, potted
plants, furniture, etc. Contractor assumes an acceptable work path/area will be cleared prior
to commencement of the Work. Should any trimming, removal and/or relocation become
necessary, in order to complete the Work, Contractor shall perform the additional work
(Extra Work*), upon receipt of written approval from the Association or it's representative,
and bill the Association according to the terms listed below.
• This Agreement does not include any costs associated with permits, fees, testing, drawings,
designs, surveys, layout, easements or engineering. Also, not included, are fees associated
with the locating, removal, relocating and/or protection of any utilities or sprinkler systems,
either above and/or below ground. These costs, if required, shall be billed as Extra Work*
according to the terms below.
• This Agreement does not include the costs associated with the removal and/or replacement
of non-visible material deterioration (dry rot and/or insect infestation). If during repair
operations, the replacement andlor treatment of such materials becomes necessary, and after
coordination of the problem, these charges shall be billed as Extra Work* to the Association
according to the terms listed below.
*TERMS FOR EXTRA WORK, if required:
• Extra Work, if required, shall be billed on a cost, plus overhead, and Contractors fee basis.
Contractor shall add twenty percent (20%) to all direct costs incurred and to its standard
hourly rate of sixty dollars ($60.00) per man, per hour, for overhead and Contractors fee.
11112_Ngiryen Page 3 of 4
EXHIBIT "B"
COMPENSATION SCHEDULE
Total Cost:
~ 300.00
Payment in full is due upon completion and submittal of invoice and any applicable lien releases.
Invoices more than 30 days past due shall accrue interest at the lesser of 1 % per month or the
amount legally allowed by California law.
The terms of this proposal are valid for 4S days from the above date. If no agreement is entered
into within 4S days, we will be pleased to provide an updated proposal.
Dated: January 14, 2010
ORANGE COAST BUILDING SERVICES, INC.,
a California corporation
By: '~'
( / UIM ONGARO
Its: Vice President -Construction
"Contractor"
Dated: By;
TONY NGUYEN
"Owner"
Dated: By;
"Owner"
t?ii2_NK„ye,~ Page 4 of 4