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 CITY COUNCIL AGENDA ITEM NO. 06



Meeting Date: January 28, 2003

Subject/Title: Reject indemnity claim presented by Jerry Samuel Berkowitz

Submitted by: Karen Diaz, City Clerk/Administrative Services Director

Approved by: John Stevenson, City Manager


RECOMMENDATION
Reject indemnity claim presented by Jerry Samuel Berkowitz as recommended by the 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 May 14, 2002, Council rejected a claim presented by Sandra Perley in an unspecified amount for damages for bodily injuries sustained in a traffic collision that occurred on November 8, 2001, at the intersection of Concord Avenue and Walnut Boulevard. It was determined that the site of the accident was in an unincorporated portion of Contra Costa County and not within Brentwood City limits.

On December 19, 2002, Jerry Samuel Berkowitz presented an indemnity claim against the City of Brentwood to protect himself from any legal action taken against him by Sandra Perley for the 
incident that occurred on November 8, 2001. Since it has been determined that the site of the accident was not in the City limits, the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney are recommending the claim be rejected.

FISCAL IMPACT
None
City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov