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Home My WebLink AboutSR - Claim #588 - T.Frager, Inc.CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: CLAIM AGAINST THE CITY/AGENCY (#588) BY TAYLOR FRAGEf;8 INC., IN AN UNSPECIFIED AMOUNT o Y) SUBMITTED BY: Rachelle Klassen, City Clerk/Agency Secretary a� DATE: July 12, 2007 0 _0 � � U CONTENTS: I. Staff Report q II. Responses from City Attorney, Claims Adjuster Ill. Claim No. 588 c w 76 Recommendation: U C z °C -�' w By Minute Motion, reject the Claim and direct the City Clerk/Agency Se reery fid soo 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. Submitted by: WHELLED. ASS , CMC CITY CLERK/AGENCY SECRETARY Approved: CARLOS L. ORT GA, CITY MANAGER/ RDA EXECUTIVE DIRECTOR rdk Attachments (as noted) L 1 SHEILA R. L I AN, 0/11 FOR COMMUNITY SERVId CITY MANAGER :S/P.I.O. OTHER — Us Qn No H:IWPdataIWPDOCSICLA1MS1588-staff rept. wpd Message Page 1 of 1 Klassen, Rachelle From: David Erwin [DJ Erwin @bbklaw.com] Sent: Tuesday, June 26, 2007 1:48 PM To: Klassen, Rachelle Subject: RE: Taylor Frager Claim Put on agenda for denial Dave -----Original Message ----- From: rklassen@ci.palm-desert.ca.us [ma ilto: rklassen @ci. pa I m -desert. ca. us] Sent: Wednesday, June 20, 2007 11:52 AM To: David Erwin Subject: Taylor Frager Claim Attached is the "Claim" I received in today's mail. Please advise on how I should proceed with it. Thanks. <<Taylor Frager Claim.PDF>> 2a4iRl 'D. Klee w City Clerk City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260-2578 (760) 346-0611, Ext. 304 F: (760) 340-0574 rklassen@ci.palm-desert.ca.us IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed .in this communication (or in any attachment). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ar * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ************************************************************************************* This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and delete the email you received. ************************************************************************************** 6/26/2007 C11 Y CI.EkK'S OFFICE PA h; DESERT, CA 2007 JUN 25 AM 11: 40 .June 21, 2007 TO: The City of Palm llesert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim Frager, Inc. vs. The City of Palm Desert Claimant Taylor Frager, Inc. D/Event 1 /27/2005 Rec'd Y/Office 6/20/2007 Our File S-1454357-RQ We have reviewed the captioned claim/pleadings and request that you take the action indicated below: REFER TO CITY ATTORNEY: The subject matter does not appear to meet the criteria for participation in the joint liability protection program. We suggest you refer the claim to your City Attorney for recommended action. At your reqeust we will review any subsequent pleadings and/or information for application under the California Joint Powers Liability Protection Program. 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 appeal should be mailed to the California Joint Powers Insurance Authority - Attn: Jonathan Shull, Exec. Director, 8081 Moody Street, La Palma, CA 90623 If you have any questions please contact the undersigned. -trul ours, / WA & COMPA Richard D. M que cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placciaba Avenue, Placentia, CA 92870-6932 Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180 Phone. (714) 572-5200 • (900) 572-6900 • Fax: (714) 961-8131 COPY TO DATE PH11 MR]' R[hL JIMINI AUNCY 73-510 FRED WARING DRIVE PALM DEsi'.Ri', CALIFORNIA 92260-2578 TEL:76o 346—o6n FAX: 760 341-6372 info(41pa)m-dcscrt.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER/EXECUTIVE DIRECTOR, CITY ATTORNEY, ACM FOR REDEVELOPMENT, DIRECTOR OF REDEVELOPMENT & HOUSING, RISK MANAGER FROM: CITY CLERK DATE: JUNE 26, 2007 SUBJECT: CLAIM NO. 588 - CLAIM AGAINST THE CITY/AGENCY BY TAYLOR FRAGER, INC., IN AN UNSPECIFIED AMOUNT The attached Claim No. 588 is being transmitted to you for the following: ❑ Information only. RA ❑ Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by July 11, 2007, for timely response to the Claimant. Note: On the City Attorney's advice, this Claim will be scheduled for rejection at the Regular Redevelopment Agency Meeting of July 12, 2007. RACHELLE D. KLASSEN, CMC CITY CLERKIAGENCY SECRETARY Attachment (as noted) Q: mff0 ow 11(mic OATH ;ITY Of PALM DZUJ'i' ASSIGNED CLAIM N0. TO: Rachelle Klassen, City Clerk and Secretary, Palm Desert Redevelopment Agency, 73-510 Fred Waring Drive, Palm Desert, California 92260 CLAIM OF TAYLOR FRAGER, INC. RE: Palm Desert Redevelopment Aeencv Project No. 955-04, Contract No. R21780 Pursuant to California Government Code & 905 et sea_., Taylor Frager, Inc. ("TF") presents this claim for compensation: N A. Name and address of Claimant: Taylor Frager, Inc., c/o Munther Kubba, 33040 Rhine Avenue, Temecula, California 92592. "' O B. Address to which notices should be sent: Taylor Frager, Inc., c/o Munther Kubba, 33040 Rhine Avenue, Temecula, California 92592. —" C. Date, place and other circumstances of the occurrence or transaction that gave rise to this claim: On or about January 27, 2005, TF and the Palm Desert Redevelopment Agency ("Agency") entered into a contract (the "Contract") pursuant to which TF was to provide labor and materials for the construction of a 36-unit apartment complex located at 73-650 Santa Rosa Way, Palm Desert, California 92260, Project No. 955-04, Contrast No. R21780 (the "Project") The Plans for the Project also identify the address as 73-610 Santa Rosa Way, Palm Desert, California 92260. The Agency has breached the Contract as described below. D. General Description of Indebtedness, Obligation, Injury, Damage or Loss: Pursuant to the Contract, the Agency was to pay TF $5,839,386 plus change orders in consideration for TF's work on the Project. Said amounts were to be paid periodically in "Partial Payments" with the remainder to be paid within 35 days after the completion of the work and its acceptance by the Agency. The Agency has breached the Contract by, among other acts or omissions: failing to fully and timely pay Partial Payments; failing to timely accept the Project as complete; failing to complete the Agency's scope of work in timely manner; failing to timely make Final Payments to TF; delaying the Project; failing to recognize the Agency caused delays and failing to reimburse TF for such Agency -caused delays; failing to provide TF with a set of plans and specifications free of errors and omissions; and failing to timely process and pay change orders. E. Names of Public Employees Causing Damage: Not known at this time. 0 C-j] c�3rn7';, T� o r,. W02-WEST:D36\400335046.1 - I - F. Jurisdiction: Superior Court Date: 06 r% TA W02-WF.ST:DJ6\400335046. ] -2- PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I am employed in the County of San Diego; I am over the age of eighteen years and not a party to the within entitled action; my business address is 12275 El Camino Real, Suite 200, San Diego, California 92130-2006. On June 18, 2007, I served the following document described as: CLAIM OF TAYLOR FRAGER, INC. on the interested party(ies) in this action by placing true copies thereof enclosed in sealed envelopes and/or packages addressed as follows: Rachelle Klassen Bryce L. White City Clerk and Secretary Project Administrator Palm Desert Redevelopment Agency City of Palm Desert 73 -5 10 Fred Waring Drive 73-510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert, CA 92260 [original document served via certified mail] 0 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 9 BY CERTIFIED MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing by certified mail. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ❑ BY OVERNIGHT DELIVERY: I served such envelope or package to be delivered on the same day to an authorized courier or driver authorized by the overnight service carrier to receive documents, in an envelope or package designated by the overnight service carrier. ❑ BY FACSIMILE: I served said document(s) to be transmitted by facsimile pursuant to Rule 2.306 of the California Rules of Court. The telephone number of the sending facsimile machine was 858-509-3691. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. The sending facsimile machine (or the machine used to forward the facsimile) issued a transmission report confirming that the transmission was complete and without error. Pursuant to Rule 2.306(g)(4), a copy of that report is attached to this declaration. W02-WEST:D16\400339196.1 -1- PROOF OF SERVICE ❑ BY HAND DELIVERY: I caused such envelope(s) to be delivered by hand to the office of the addressee(s). O STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ❑ FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 18, 2007, at San Diego, California. ROSA GARCIA VERNETTI W02-WEST:DJ6\400339196.1 -2- PROOF OF SERVICE