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HomeMy WebLinkAboutCC 4 CLAIM #93-38 11-01-93AGENDA___ DATE' OCTOBER 12, 1993 CONSENT CALENDAR NO. 4 11-1-93 lnter-Com TO: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL CITY ATTORNEY CLAINANT: CHRISTOPHER KEYS; CLAIM NO= 93-38; D/L: 08-12-93; DATE FILED W/CITY: 09-07-93; CARL WARREN FILE NO: B 77851 PRL After investigation and review it is recommended that the above-referenced claim be rejected and the City Clerk directed to give proper notice of the rejection to the claimant and to the claimant' s attorney. JAMES q~ ~ROURKE, City Attorney JORd~: 101293(~-~38 j~) Enclosure: Copy of Claim cc: Carl Warren & Co. Finance Direotor.. CitY Manager City of Tustin Ci-~IM AGAINST T~E CITY OF TU$.~N (For Damages to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within 6 months after the incident or event occurred. Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, city of Tustin, 15222 Del Amo Avenue, Tustin, California 92680 WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: The undersigned respectfully submits the following claim and information relative to damage to person and/or property: 1. a. NAME 'OF CLAIMANT: CHRISTOPHER KEYS, PARTNER CLEM, KEYS & MCBRIDE, CPAS b. ADDRESS OF CLAIMANT: d. TELEPHONE NO: ( e. DATE OF BIRTH:- f. SOCIAL SECURITY NO: 2. Name, .telephone.and post office address to which claimant desires, notices to be. sent (if other than above): 3. This claim is submitted against: a.. The City of Tustin only. b. The following employee(s) of the City of Tustin only: c. x The City of Tustin and the following employee(s) of the City of Tustin only: Bock Company - Underground Utilities 4. Occurrence or event from which the claim arises: a. DATE: August 12, 1993 b. TIME: 1 o- 30AM C. PLACE (Exact and specific location): 14711-A BENTLEY CIRCLE m[lgTlN~ CAT,TFORNTA 92680 d. HOW and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary): POWER FAILURE DUE TO CONTRACTOR ERROR IN DIGGING-UP WALNUT AVE. AT INTERSECTION WITH BENTLEY CIRCLE · e. ~q~-AT pa~icula ~ction by the City, on employees, caused the leged damage or injury? ERROR IN DRILLING/DIGGING INTO STREET. MISTAKE CAUSED POWER SVRGE AND ?AILURE, CA~SING HARD DRIVE DAMAGE AND LOSS OF DAY'S PRODUCTIVITY. 5. Give a description of the injury, property damage or loss so far. known at .the time of this claim. If there were no injuries, state "no injuries". DAMAGE TO HARD DISK DRIVE AND LOST WAGES FOR AUGUST 12 FROM ~0:30 -.5'30PM 6-- Give ~he name(s) of the City employee(s) causing the damage or injury: BOCK COMPANY - UNDERGROUND UTILITIES 7. Name and address of any other person injured: N/A 8. Name and address of the owner or any damaged property: CHRISTOPHER W. KEYS '471 ]-a ~EN~E~ CI~C%E, TUSTIN, CA 92680 9. Damages claimed: · a. A~.~ount claimed as of the date: 951.10 b. Estimated amount of future costs: -0- c. Tc~al amount claimed: ' ~51.10 d. Attach basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc. 10. Names and addresses of all witnesses, hospitals, doctors, etc. WARNING: ~T IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!! (Penal Code Section 72; Insurance Code Section 556.0) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon info.~mation or belief and as to such matters I believe the same to be true. I certify under penalty or perjury that the foregoing is TRUE AND .Executed tkis day of ,19 ~ , at Tustin, California. CLAIMAA~f S ~'IGNATb-~tE Bi: CLFO.RM Revised 4/29/91 Claim against City of Tustin for damages resulting from power failure. Company filing claim: Clem, Keys & McBride, CPA's Date: August 31, 1993 Support for damages as follows: Damage to computer equipment (Invoice attached) Staff #1 - 7 hours @ 14.60/hr. Staff #2 - 7 hours @ 19.80/hr. $¢10.30 102.20 138.60 $951.1 0 Lost productivity of 7 hours was from 10:30 am until 5:30 pm. SALES ORDER mmm Sales Order: 868 Customer No: KEYS1 Hard © C 0 R P 0 R A T I 0 N Compulers · Sollwsre - Nelworks University Pl~z~ ~80 Langsdorl, Suile 224 Fullerlon, C,A g283~ (7~4) 680-3780 · FAX (7~4) 880-3087 r Bill To: Clem, Keys & McBride 14711 A Bently Circle ~ustin, CA 92680 r Ship To: Clem, Keys & McBride 14711 A Bently Circle Tustin, CA 92707 Telephone: 714-544-0766 Contact: Chris Date I ship Via i FOB 08/15/93J OUR TRUCK J DESTINATION --Purchase Order No.--TOrd Date VERBAL, CRIS J08/15/93 'Quantity Req Shp I B/O Part Number I Sales Person DPS Description Terms Our Order Number- 868 Unit $ Extend $ !.0 2.5 !.0 TRV-CRG-HST Charge, Travel Time, HardSoft Corporation LBR-REG-HST-001 Labor Charges, Time Billing, Non Network Re DRV-HDD-QNT-PRO-240 Drive, Hard Disk, Quantum Prodrive 240MB 60.00 '60.0 75.00 ?to 87.5 462.80 ~462 8 2.0 MED-TAP- 3 MC- 120 Media, Tape Cartridge, 3M .DC-2120, 60/120MB 29.60 59.2 Office Visit, Saturday 8/14/93 - Weekend Rates were not charged.. De=ermined that Hard Disk.Failure occured, result of power failure/transient Ran Diagnostics, could not perform FDISK. Replaced Hard Disk Drive, Partition Drive, Install Disk Operating System Install Tape Software, Download from Tape - Douglas Non Tax Taxable State Tax Freight 247.50 522.00 40.46 0.00 Total S/O 809.9