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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: June 12, 2001

Subject/Title: Reject application for permission to present a late claim submitted by Catherine Barlow Hightower, individually and as Guardian Ad Litem for Spencer James Brown-Barlow, a minor.

Submitted by: Karen Diaz, City Clerk

Approved by: Jon Elam, City Manager

RECOMMENDATION 
Reject application for permission to present a late claim submitted by Catherine Barlow Hightower, individually and as Guardian Ad Litem for Spencer James Brown-Barlow, a minor as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
On September 4, 2000, Spencer Brown-Barlow, a minor, was injured at the Aquatic Complex when he fell in an uncovered hole. There was an approximate one-foot by three-foot hole dug for a fire hydrant which had been left uncovered. The area in question was the responsibility of Grade Tech, Inc. to backfill pursuant to their agreement with the City. On May 23, 2001, the claim was tendered to Essex Insurance Company, Grade Tech’s Insurance Carrier, for acceptance of the defense and indemnity of the City based upon the City’s additional insured status as well as its contractual rights against Grade Tech, Inc.

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