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Home My WebLink AboutAgenda Report - January 5, 2022 C-17AGENDAITEM C47 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Yousef Haddad, Pursuant to Government Code Section 911.6(a) MEETING DATE: January 5, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Yousef Haddad, Pursuant to Government Code Section 911.6(a). BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City Clerk by Yousef Haddad, pursuant to Government Code 911.4 on December 14, 2021. A copy of the request to file a late claim, initial submittals and City's rejection notice are attached. The original submittal was filed approximately three months after the expiration of the statutory period in which the claim was to have been filed, based on the January 27, 2021 date of loss. Government Code 911.2 requires that claims against public entities, with limited exception, be filed within six months of the accrual of the action giving rise to the claim, which in this instance would have been June 27, 2021. Mr. Haddad submitted his claim on September 28, 2021, which was rejected as untimely on September 28, 2021. In a letter received by the City Clerk on December 14, 2021, Mr. Haddad requested leave to present a late claim. Statutory exceptions to the claim filing requirements include failure to present the claim through mistake, inadvertence, surprise or excusable neglect with no resulting prejudice to the public entity; the injured party was physically or mentally incapacitated during the claim filing period; and the minority or death of the injured party. Due to the pandemic impeding the ability to hand -deliver claims to the City Clerk's office and the claimant and City's inability to verify whether or not there was an original copy of the claim filed within the statutory period, it is recommended that the Council authorize the City Clerk to grant the request of Yousef Haddad to present a late claim pursuant to Government Code section 911.6(a). FISCAL IMPACT: Not applicable. FUNDING AVAILABLENot applicable Jennifer Cusmir Jennifer Cusmir City Clerk APPROVED:. Steve SCilwabauer Stephen Schwabauer, City Manager Hi -Tech HVAC Inc. P.O Box 691863 Stockton, CA 95269-1863 CL#1025078 December 14, 2021 City Clerk — City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 RE: Claim for storm damage To Whom It May Concern: On March 24, 20211 submitted the original claim. I did not hear anything back so I sent another follow up to you as well as left a voice mail. I heard nothing back so I repeated this process a few times. In September I submitted the request again. This time I did receive the acknowledgement of receipt. I would appreciate the acceptance and processing of my claim as I did attempt to file it in a timely manner. Should you have any questions, please feel free to contact me at the number below. Regards, Yousef Haddad Direct:— FILE CLNY awf6: City Clerk— City of Lodi 221 West Pine Slmet (201 3338102 OR NAIL TO: PO Box 3008 Lodi, CA 95241-1910 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF LODI, CALIFORNIA Reserved For Fane Stamp Claim No. r9k. "I iI b SEP 2 8 20"1 f e, Attach estimates recei n ms or witness statements o ur claim. ff adicifftforial saac is needed attach supplemental sheets - clearly IdeaflN the sechontsl being answered. Government Code requires claims be presented by the claimant or the Claimant's representative and include the fallowing: ISection 2. Representative Infomution (Mind bill completed N Claim he dad by CWmmt's attorney oL authorized hipresentative): Name: ❑ Check box If same as above Mailing Address: City/State2ip Code: Telephone: ( ) Claim Infomradom. is General description of thelndeblednesd, obligation, Injury, damage, or loss Incurred & fir al Kmay be known at the time of the presentation. of the claim. _ Nemo ofCityd ertmerlt(a)) or City amply (a) posing Me Injury, damage, or lose, ti knovyn. -�—��d.s`4�2Y LC The amount claimed as of the date of presentation of the Claim should include the estimated amount of any prospective injury. Carnegie, or bas, insofar as it may be knc en at the time of the presentation of the claim, together with the basis of computation ofthe amount claimed. Base for Computation of claim: "V O kms° Amount Claimed: $ �10 � 55 n re L� 4nc 124 iofl If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil pee. A limited civil pee is one where the recovery sought, exclusive of attorney fees, interest, and court costs deed not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000 (CCP §88.) WLimited Civil Case ❑ Unlimited Civil Case Rwhied Rn012 L SaetlW 4. AddMMI bttomregon: You are requested to provide the information requested on the previous page to comply with the California Govemmeaf Code; however, to assist the CWs investigation, please answer the following questions: If the claim involves a minor, provide minors date of birth. Name, address, and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim assured: 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 Ifapplicable. please attach any medical bills crreports or sunder documents supporting your dam. Del this slain relato to an automobile accident? O No talon be O Yea (complete this section and sign below) Claimant's Auto Insurance Co.: Claimant Dnvers License No.. Melling Address: CltylstatNZIP: License Expires', Telephone: ( ) Vehicle MaksiModeVYear Insurance BrokedAgent Melling Address: License No.: Cilylstateop Insurance Policy No.: Telephone: I ) SectionS. MWiean laedtoald and S.CHIP EaterWon Act Section 111 of the Medicare Medicaid & SCHIP Extension Act requires the City of Lodi to report certain claims to the federal govemmenb Please indicate t the claimant is 65 years of aoe or alder, w received Social Security Disability Insurance Benefits for 24 or more months, or has End Stage Renal Disease. If yes, you may be required to provide additional information to procex your Wim. Phase circle one: YES No Section 6. Notice sod Sianalure Notice: Presentation of a false claim fee felony (Penal Code §72). Every person who, with intent to datau4 presents any false or fraudulent claim is punishable either by pmrsonment in the count ll for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by Imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Pureuent to Code of Civil Procedure §1038. Unsigned or Incomplete claims will be raturned as Insufaclsnk resulting in no action on the part of the City. Please nota that this Revbedildi Please retain a copy of the Completed forth for your records B.O,S.S Beet of Security Systems (209) 462-1MO bossectv®Comeastnat 5644 Natoma Cir Stockton CA 55218 C.S. Lic #690538 Bill Hi Tech construction 302 n To: sacrament st bdi ca hltsch3000yahoo.cOm 302 n Sacramento at Lodi on Doacription CRealtime NVR-8255DW32TB up to 256 Channel Embedded NVR. 32TB 32 Channel 2U 4K NVR - Supporta 12MP Reaelutlan - 384Mbpe Throurput - H.26t - HOMI - Up To Bata. 32 Ch I Up To 12MP 1384Mbpe Total 8 HDDs I BOTS Totall D/1/6/10 2 RJ -45 (101100/1000Mbpa) 4 USB I Alarm 16/012 HDMI / 1 VGA ONVIF 2A CGI Conformant 2U I Deektep Or Rack Mount IPEL-ESOVARW1 SKU: IPEL-EBOVARW1 ITEM WEIGHT: 2 Jump to Product Specs SMP IP Indoor/Outdoor Small Size VarKocal Eyeball Dome. 2.7 - 13.5 Mm Lena (113 - 31A°).164 Feet IR. POE Capabta. 112.8 CMOS I BMP 130fps®8MP 2.7 Mm -13.5 Mm I VarifocM I AoV 113.31 Max. IS Length 184# I Smart IR I Starlight Intelligent Motion Depict I Perimeter Protection Built -In Mic 126588 MSD I TJOdO True WOR IP671IMC Or POE 1 Mae. 7.3W r Invoice No: Datr. Terms: Due Dab: r:41�+y r Invoice 166 02/04/2021 NET 0 02/04/2021 Quar.Mty Rete T" Amount. 2 9% $17,800.00 1 $485.00 9% $485.00 Parte Subtotal $18,285.00 DeBed Rate Amount Scope of work includes delivery and InetMladon of NVR'e replaced due to Power outages 1 $780.00 $T90,00a Found an "Just system recon8gurad for Mmote logon reconfigured all eamercs to motherboard and hard drives. Labor Subtotal $790.00 112 B.o.S.s - Invoice 159- 02roa2021 *Indicates nen-tuable Item Paid Naga Signature Date Terms and Conditions Subtotal $18.085.00 TAX 9%(819,296.00) $1.546.55 Taut $20,T3t.56 Withholding 0%(519,085.00) 50.00 PAID $20,731.56 One year womanly SO days on labor warranty dow not ewer Imarnat network B.O.S.S. assumes no eabitity an above system As a result of any acts of Got nature damage to list above equipment due to pourer outages ,urges ,hacks/ Vim,malwue 8.08.& wacmes no Liabilhy des m Theft o/ any Mad vandallsm or damage In the went the camera system was not working during damage and or theft the faellity.Warranty does not ewer specialty needed equipment to perform services such as Scissor Lilt ah. Court costa and attorney foes will be added In ewe of eallectiam. Call Charyls our final AB systems aro ordered to fit job described above. 30% restocking fee .Deposits are mnrafundabla a 846 fee an any, returned cheeks. AB height charges us lire customers responeibflhy all payments due upon Invoice data. Failure til pay total amount due will result in a monthly fee of 839 may also result in removing all equipment at customers "penes 5.0.58. Lieu the above chant as an additional Insured only If required by written contract or agreement In no went B.O.S.S. Be 0abts W you for any toot profits. Lost savings or accidental. Dlreet, Special. or Consequential damages arising out of your use or inability to use The products Or agreements soon 5 advised of the possibility of such damages by signing you are one owner responsible personnel of Ne property or business Mentioned above. The above specifications and prices Are sulsfactory, and huaby Excepted you we authorized to do the work. Payment will be paid as specified above. e.O.S.s IClimes signature 212 B.O.S.S Beet of Security Systama (200)482-1720 basecetVBlCorrrcn4aet 8644 Natoma Cir Stockton CA 98210 C.S. Lic 0998835 Bill Ni Tech construction 302 n e To: Sacramento at loth ca hitmh300®gmaiLcom 303 n asoramento st tact ca Service call UpOn arrival NVR* systems were down Invoice Invoice No: 144 Date: 01129/2021 Terme: N0T O Due Data: 01/29/2021 OIL Troubleshoot NVR'S and all Is extreme. r Motherboard and hard drives were hot c6ning back up System stopped working due to power outages. *Indicates non-taxable Item P9tid Notes Signature, Dab Labor Subtotal ".Oo Subtohl $145.00 TOW $146.00 Withholding 0%($146.00) $0.00 PAID $145.00 fF WWWOM low as Terms and Conditions One you warranty BO days an labor warranty does not cover Internet network B.O.S.S. mum" no Liability on above system n a result of arty acts of God nature damage to the above equipment due W power outages, surges,hackzj Viruses ,malum B.O.S.£ assumes no Liabitity due to Theft of my kind vandalism or damage In the went the camera system was not working during damage and or trek the faclllty.warrmty does not cover specialty needed equipment to perform services such as Scissor Lift ab. 0ourt costs and attorney fees will be added incase of collections. Call Charyte our final Alt systems are ordered b fitjob described above. 30% restocking fn .Deposita are nonrefundable a $46 fee on my returned checks. All frelght charges aro the customers responsibility all payments due upon Invoice dab. Failure to pay total amount due will resuLt In a monthly fee of $35 may aloe result In ramming alt equipment of customers expense B.O.S.S. Lists the above client As an additional Insured only N required by 1/2 CITY COUNCIL ALAN NAKANISHI, Mayor MARK CHANDLER, Mayor Pro Tempore MIKEY HOTHI SHAK KHAN DOUG KUEHNE September 28, 2021 ifffiNME Stockton, CA 95269 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.00v cityclerkOlodi.00v STEPHEN SCHWABAUER City Manager JENNIFER CUSMIR City Clerk JANICE D. MAGDICH City Attorney cops SUBJECT: NOTICE OF LATE CLAIM — REJECTION OF CLAIM Claimant: Yousef Haddad Date Claim Reed.: September 28,2021 Good afternoon Mr. Haddad: The above -referenced claim, which you presented to the City Clerk's Office on September 28, 2021, with respect to an incident occurring on January 27, 2021, is being rejected and returned because it was not presented within six months after the event and/or occurrence, as required by law (see Government Code Sections 901 and 911.2). Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the City of Lodi for leave to present a late claim (see Government Code Sections 911.4 to 912.2, inclusive, and Section 946.6). Under certain circumstances, leave to present a late claim may be granted (see Government Code Section 911.6). You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Sincerely,//y�yq� an usmlr, C/OA Cit Jerk cc: File