HomeMy WebLinkAboutClaim No. 722 - Pinnacle Landscape Co _____�
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#722) BY PINNACLE LANDSCAPE
COMPANY IN THE AMOUNT OF $42,574
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: July 11, 2013
CONTENTS: • Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 722
Recommendation
By Minute Motion, reject the Claim and direct the City Clerk to so notify the
Claimant.
Background
Based on a review of the subject Claim and the recommendation of the Claims Adjuster,
Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected.
Discussion of this item should be held in Closed Session pursuant to Government Code Section
54956.9(b), potential litigation.
Fiscal Analysis
City of Palm Desert participates in the self-insurance pool of the California Joint Powers Insurance
Authority(CJPIA). However, this Claim does not fall within the Memorandum of Coverage. Action
to reject the Claim does not have an immediate fiscal impact on the City at this time.
Submitted by: proved:
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Ra elle D. Klassen, M , City Clerk ohn M. Wohlmuth, City Manager
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Attachments (as noted) CITYCOLTNCILACTION
AI'PROVF,D V� DENTED
RECI:I�'ED OTHER
MEF,T6 G DATE
AYES: k
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a��rNT: ___ Tc�nr�'
Al�s�rAtN:
VERIFIEll BY:
Original on File with City Clerk s Office
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Klassen, Rachelle
From: David Ervvin [David.Ervvin�bbklaw.com]
Sent: Wednesday, July 03, 2013 11:46 AM
To: Moore, Janet �
Cc: Klassen, RachelCe; rmarque cQcarlwarren.com
Subject: RE: Claim Against City of Palm Desert-Pinnacle Landscape Co. (City Claim No. 722)
I had previously responded denying any amount was due. Suggest it be placed on Council agenda for denial.
Dave
David J.Erwin
of Best Best&Krieger LLP �
74-760 Highway 111,Suite 200
Indian Wells,CA 92210
Tel:(760)568-2611
Fax: (760)340-6698
Email: david.erwin�bbklaw.com
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June 24, 2013
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, Ca 92260-2578
Attn: Rachelle D. Klassen,MMC,City Clerk
RE: Case Title: Pinnacle Landscape Company v. Palm Desert
Member: City of Palm Desert
DOL: 7/1/12
Plaintiff: Pinnacle Landscape Company
Our File Number: 1859382
Dear Ms. Klassen:
We have received and reviewed the claim which you have presented to Carl Warren& Company
for coverage under the California JPIA's 2012-2013 Memorandum of Liability Coverage.
Our analysis of the claim has revealed that coverage cannot be afforded at this time.
We suggest that you refer the lawsuit to your City Attorney for handling. At your request, we
will review any subsequent pleadings and/or information for application under the California
Joint Powers Insurance Authority's 2012-2013 Memorandum of Liability Coverage.
It is our position that this loss is excluded from coverage due to, but not limited to, Exclusion Q,
which states: This Memorandum, including any obligation to defend or to pay Defense
Costs, does
not apply to:Q. Any Claim, Suit, liability, alleged liability, loss, cost, or expense
including Tort
Liability:
(i) Arising out of or as a consequence of an actual or alleged breach of any
contract or agreement;
(ii) For any amount actually or allegedly due under the terms of any contract or
agreement; or
COPYTO�� �
AN EMPLOYEE-OWNED COMPANY DATE ��-��—����
770 S. Placentia Avenue i Placentia, CA 92870
P. O. Box 25180 i Santa Ana, CA 92799-5180
www.carlwarren.com i Tel: 714-572-5200 � 800-572-6900 i Fax: 866-254-4423
CA License No.2607296
� � � •
(iii) Arising out of or as a consequence of the failure, refusal, or inability of a
Protected Party or anyone acting on behalf of a Protected Party to enter
into or renew any contract or agreement.
Please note that the California Joint Powers Memorandum of Liability Coverage provides for an
appeal process for a review of the determination of a lack of coverage by the California Joint
Powers Insurance Authority Executive Director. The appeal must be made in writing and within
90 days of the date of this written notice of a lack of coverage. The ap�eal should be mailed to
the California Joint Powers Insurance Authority-Attn: Jonathan Shull, Chief Executive Officer,
8081 Moody Street, La Palma, CA 90623.
If you would like to discuss the content of this correspondence,please do not hesitate to contact
the undersigned.
Very Truly Yours,
CARL WARREN& CO.
�
n�
Richard Marque
Supervisor
cc: CJPIA,Attn: Liability Program Manager
Rf C E I Y E D � ClTY OF PALM DESERT
CITY CLERK'S OFFfCE
P A l M D E S£R T, C A ASSIGN ED CLAIM N0.
CLAIM AGAINST THE CITY OF PALM DESERT
(Foc Damage(s) to Person�s) or Personal Pro�,��y AM Q� 2 I �
Recetved by:
viss U.S. Mail Interoffice Mail Ovet-the-Counter
A CLAIM MU D
e�oNTrrs �r� wHccH rHe uv��rr o� everrr occu�u. � su� �a� ci..� is
AGAINST THB CITY OF PAI.�1 DESERT, NOT ANOTHER PUBUC ENTCIY. �HERL' SPACE lS
INSUFFICIENT, PI.EASE USE ADDt7TONAL PAPER AND I�ENTIFY WFARi�IATION BY
PA1tAGRAPH NUAIIBsEit. COMPLETED CLAUAS MUST BE M/�1►ILED O�DELnERED TO THE CITY
CLERK, CTTY OF P/lLM DESERT, 73-310 FRED �II�l1tING DItIYE, PALb[ DESERT,CA 92260.
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California:
The undecsigned re�pectfull� submit(s) the following claim and infocmatlon relative to dap�age�,�Zto
person(s)and/ec Pa'�P��� zz ��
I. CLAIMMiT IIHFORMATIONs N o�A
t {'^��*t
- NAME Pinnacle Landscape Company �'�—
ADDR ' w tre Sa ta Ana 92704 �
PHONE N . �l 3�-�an p �
SOCIAL SECU . - - DRIVEIt . • ��
A
2. Name, telephone number and post offlce address to which claimant cl�sires notices t�
sent, if othec than above�
3. Occurrence or event from which the claim arises:
a. DATEs �uly 2012,August 2oi2 b. TIME: c. PLACE (exact and speciflc
loCdtion City o Pa m Desert-Varfous apartment ome commurnt es managed by the City of Palm Desert Housing
Autho�ity an mpa y
d. How and undec what circumstances did damage or injury occur? 5pecify the particulac
occurrence, event, act oc ommission you claim caused the injury oc damage. (Use
additional paper if necessacy.) On October lOth,2012 Pinnacte Landscape was notified that per our
contract,The Ci of Palm Desert Housing Authority would be withhol i�g Ju y 1 an August ayments or
lack of erformance on contract no.HA 29820(Expired August 31,2012
Pinnacle Landscape Compa�y believes that t e ac o payment was not warran e
e. What particular action by the City, or its employees, caused the alleged damage or
111 jUcy? Non-payment for services provided
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4. Give a general descrlption of the ind�btedness, obllgatlon, injury, damage, or toss Incurred
so far as it may be known at the tlme oi presentatlon of the clalm. if thtre were no
injuries, state "no Injuries": No iniurie�b�t mnnie�Woro...ithh Id
5. Glve the name(s) o� the Ctty employee(s)causing the damage oc Injucys lanet Moo�e
6. Name and address of any other pe�son(s) injureds N/A
7. Name and address of the owner of any damaged propec�y: N/A
8. Damages claimeds
a. Amount claimed as of thts dates $ a2,574.00
b. Estimated amount of iuture costs: $
c. Total amount claimed: $ � •
d. Basts for computation of amounts clatm i cop es o s, invoices,
estimat�.l, etC.� luly and August regular monthly payments of$21,287 were withheld
4. Names and addresses of all witnesses, hospitata, doctors, etc.: N/A
10. Any additional information, including police reports, which might be helpful in considering
this claim: N/A
WARNINGtIT LS A CRIMtNAL OFFENSE TO FII.E A FALSE CLAIMI /til. CODE 7�
INSURANCL CODE 556.1).
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 upon information or belief as to such mattecs
I believe the same to be true. I certify under penalty of perjucy that the focegoing is TRUE AND
CORRECT.
Si d this 20 d of June ,20 13 � gt Santa Ana,CA
Jason Stewart,CEO
S U O L 1 AIN IG U O CLAIM N
Office of the City Cleck, Palm Desert, California DOC. NO. DATE FILED
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