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Home My WebLink About2023-10-10 Dodge, Vanessa - 9041 Gloria Sanchez From:Glen Raphael <GRaphael@carlwarren.com> Sent:Wednesday, November 6, 2024 3:28 PM To:Gloria Sanchez; Andrea Staehle; Amber Molina Cc:Tim Varon Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good afternoon, I’ve reviewed the courts website and it appears the claimant may be facing sanctions for failing to provide proof of service of the complaint. The hearing on the matter was held 9/24/24, there is no ruling I will continue to monitor for any updates. At present the City has to take no action until the complaint is served. Best Regards Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Wednesday, November 6, 2024 2:24 PM 2 To: Glen Raphael <GRaphael@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Hi, Glen: Hope you are well and enjoying cooler weather. I am following up on the subject file. What’s the status? M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, August 13, 2024 10:21 AM To: Gloria Sanchez <gsanchez@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Noted, thank you Glen RaphaelSr Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.carlwarren.comPO Box 2411, Tustin, CA, 92781Because Quality and Integrity Matter... pl Noted, thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no 3 liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Tuesday, August 13, 2024 9:23 AM To: Glen Raphael <GRaphael@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good morning Glen, Thank you for the update; will incorporate it with the City record. To date, the City has not been served. Kind regards, M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, August 13, 2024 8:57 AM To: Andrea Staehle <astaehle@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Morning,Below is the review and current status of this file.A timely complaint has been filed but to our knowledge the City has not been served.We’ll continue to Monitor for the complaint and assign defense once served. DIARY REVIEWDate, Time, Location: 4/10/23. 9:24pm Good Morning, Below is the review and current status of this file. 1 Gloria Sanchez From:Glen Raphael <GRaphael@carlwarren.com> Sent:Tuesday, August 13, 2024 8:57 AM To:Andrea Staehle; Gloria Sanchez; Amber Molina Cc:Tim Varon Subject:CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Morning, Below is the review and current status of this file. A timely complaint has been filed but to our knowledge the City has not been served. We’ll continue to Monitor for the complaint and assign defense once served. DIARY REVIEW Date, Time, Location: 4/10/23. 9:24pm. On SR-111 61’ east of the intersection with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was attempting to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) Attorney: Walter Clark Legal Group Statute of Limitations: Timely Complaint Filed on 3/25/2024 Action plan items from last review and status: 1. Claim rejected 10/13/23 2. City advised they do control and maintain this roadway and center medians, on Highway 111 east and west of Deep Canyon. 1. The light signals are under the maintenance and control of Coachella Valley Association- Government(CVAG). CVAG can make timing changes or signal operation changes. If the City required changes they need to be submitted by an Engineer (COPD) to CVAG for approval. 3. No traffic/warrant studies undertaken by the City regarding the location 4. No documented history of complaints by residents 5. As-built plans are available for this location TCR In File: 2 1. P1 Dodge: Was the cause of the collision in violation of CVC 21954(a) for being outside a marked or unmarked crosswalk and failing to yield to vehicular traffic. Dodge was pronounced dead at Desert Regional Medical Center (DR was a transient, at the time of loss he did not have a residence. He did not have a valid CA driver’s license. DMV records show he was issued a license #E1525647 2. P2 (Driver): Fled the scene, suspect remains unknown. Report is redacted, there was a potential suspect but this suspect was ruled out following the officers investigation of the suspected driver and vehicle inspection. 3. Decedents sister, Vanessa Dodge, was contacted on 4/11/23. Report indicates it was 2 years since the last time she spoke with the decedent. Vanessa stated the decedent was homeless since about 2010, she is the only family member left for P1, their parents are deceased and he did not have a wife or kids. 1. Traffic survey was completed in NOV2020. 85% critical or prevailing speed was 45mph for the subject roadway, which agreed with the 45 mph posted speed limit. SWITRS Report 2. Findings: For the intersection of California State Route 111 and Deep Canyon Rd, for the time period 4/10/13 through available 4/10/2023, 98 MVAs recorded in 10 years, none involved a pedestrian or loss matching the facts of this subject incident Tender: 3. The City contracts the landscape maintenance to Mariposa Landscapes, Inc. to maintain the center median at this location. This area is known as Landscape Maintenance Area No. 1 (LMA 1) Timely Complaint Filed on 3/25/2024, pending receipt of service. Case Number:CVPS2401864 Coverage: Covered under MOLC for dangerous condition Liability Review: Questionable on the City, pending additional fact development to confirm if design immunity is supported. Damages Review – Property Damage: n/a Injuries: Claimant is pursuing damages for the wrongful death. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses Treatment: n/a 3 Submitted Medical Bills: n/a Considered: n/a Residuals: n/a Loss of Earnings Alleged: n/a Medicare Eligible: n/a Reserve Review: $150,000. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses. Pursuing more than $25,000.00). Reserves are sufficient. Updated Action Plan: Lawsuit filed, pending copy of the complaint Determine if tender is viable to landscaper Determine if tender is viable to Coachella Valley Association-Government(CVAG) Subrogation Referral: n/ Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no 4 liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, May 22, 2024 5:11 PM To:Glen Raphael Cc:Andrea Staehle; Amber Molina; Tim Varon Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good afternoon, Glen: Below is the link that holds the photographs provided by Sgt. Olson of the Riverside County Sheri Ư’s OƯice. https://cpdftp.org/message/kHHGf0MNd3yRdqTR8kGjjP If you have any questions or need additional information, please don’t hesitate to contact me. Have a nice evening. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, May 21, 2024 12:06 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Thank you Gloria, I hope enjoy your week as well Glen RaphaelSr Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.carlwarren.comPO Box 2411, Tustin, CA, 92781Because Qu Thank you Gloria, I hope enjoy your week as well Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no 1 Gloria Sanchez From:Gloria Sanchez Sent:Tuesday, May 21, 2024 10:08 AM To:Glen Raphael Cc:Andrea Staehle; Amber Molina; Tim Varon Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good morning, Glen: The link below is for the police report provided by the Riverside County SheriƯ's OƯice T231000051 (emailed in two parts). Additionally, the SheriƯ’s oƯice is collecting photographs. I shall forward the photos as soon as we receive them. The link expires 11/1/2024. https://cpdftp.org/link/vTBncnaou6b92xZ30Escv2 No lawsuit has been received to date. Thank you and have a nice rest of the week. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Monday, May 13, 2024 5:22 PM To: Gloria Sanchez <gsanchez@palmdesert.gov>; Monique Lomeli <mlomeli@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Evening,I’ve reviewed the court’s website and located a timely filed lawsuit related to this claim. Upon receipt of the complaint, please forward a copy. Please confirm with the Riverside County Sheriff's Department if the traffic collision report, MAIT Report, and related p Good Evening, I’ve reviewed the court’s website and located a timely filed lawsuit related to this claim. Upon receipt of the complaint, please forward a copy. Please confirm with the Riverside County Sheriff's Department if the traffic collision report, MAIT Report, and related photos and video are available. Below is the current status and review of this file. Thank you DIARY REVIEW Date, Time, Location: 4/10/23. 9:24pm. On SR-111 61’ east of the intersection with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was attempting to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) Attorney: Walter Clark Legal Group Statute of Limitations: 4/13/24, 6 months from rejection date. Action plan items from last review and status:  Claim rejected 10/13/23 Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e Pe n d i n g L i t i g a t i o n Do N o t D i s s e m i n a t e 1 Gloria Sanchez From:Poag, David <dpoag@riversidesheriff.org> Sent:Monday, May 20, 2024 11:23 AM To:Gloria Sanchez Cc:Olson, Donald Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Attachments:T231000051 part 1.pdf Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached. Please see the aƩached per your request. Thank you. Sincerely, David Poag Supervising Sheriff’s Records Clerk Riverside County Sheriff Palm Desert Station 73705 Gerald Ford Dr. Palm Desert, CA 92211 (760) 836-1709 / Micro 4-1709 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Monday, May 20, 2024 10:22 AM To: Olson, Donald <djolson@riversidesheriff.org> Cc: Poag, David <dpoag@riversidesheriff.org> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good morning, I hope you had a nice weekend. However, just in case you are on vacation. I am including David Poag in this email. The City’s claims adjuster Carl Warren is requesting the traƯic collision/MAIT reports, and related photos and video are available for the traƯic accident that occurred on April 10, 2023, on Highway 111 and Deep Canyon Road. Thank you for your time and have a nice week. M. Gloria Sanchez Records Coordinator CAUTION: This email originated from outside the Riverside Sheriff email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. 1 Gloria Sanchez From:Olson, Donald <djolson@riversidesheriff.org> Sent:Monday, May 20, 2024 10:39 AM To:Gloria Sanchez Cc:Poag, David Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Yes, David and I talked about this last week. We should have something for you soon. I am also working on making copies of the photos to put on a disk. Don Sgt. Don Olson Riverside County Sheriff’s Office, Palm Desert Station Palm Desert Traffic Services 73705 Gerald Ford Dr Palm Desert, CA 92211 Desk 760-836-1766 Cell 760-408-1138 Confidentiality Disclaimer This email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The information contained in this message may be privileged and confidential and protected from disclosure. If you are not the author's intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error please delete all copies, both electronic and printed, and contact the author immediately. County of Riverside California From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Monday, May 20, 2024 10:22 AM To: Olson, Donald <djolson@riversidesheriff.org> Cc: Poag, David <dpoag@riversidesheriff.org> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good morning, CAUTION: This email originated from outside the Riverside Sheriff email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. 1 Gloria Sanchez From:Glen Raphael <GRaphael@carlwarren.com> Sent:Monday, May 13, 2024 5:22 PM To:Gloria Sanchez; Monique Lomeli Cc:Andrea Staehle; Amber Molina; Tim Varon Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Evening, I’ve reviewed the court’s website and located a timely filed lawsuit related to this claim. Upon receipt of the complaint, please forward a copy. Please confirm with the Riverside County Sheriff's Department if the traffic collision report, MAIT Report, and related photos and video are available. Below is the current status and review of this file. Thank you DIARY REVIEW Date, Time, Location: 4/10/23. 9:24pm. On SR-111 61’ east of the intersection with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was attempting to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) Attorney: Walter Clark Legal Group Statute of Limitations: 4/13/24, 6 months from rejection date. Action plan items from last review and status:  Claim rejected 10/13/23  City advised they do control and maintain this roadway and center medians, on Highway 111 east and west of Deep Canyon. o The light signals are under the maintenance and control of Coachella Valley Association- Government(CVAG). CVAG can make timing changes or signal operation changes. If the City required changes they need to be submitted by an Engineer (COPD) to CVAG for approval.  TCR pending since investigation is ongoing as of 3/15/24  The City contracts the landscape maintenance to Mariposa Landscapes, Inc. to maintain the center median at this location. This area is known as Landscape Maintenance Area No. 1 (LMA 1)  No traffic/warrant studies undertaken by the City regarding the location?  No documented history of complaints by residents  As-built plans are available for this location Coverage: Covered under MOLC for dangerous condition Liability Review: Questionable on the City, pending additional fact development to confirm if design immunity is supported. Damages Review – Property Damage: n/a Injuries: Claimant is pursuing damages for the wrongful death. 2 Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses Treatment: n/a Submitted Medical Bills: n/a Considered: n/a Residuals: n/a Loss of Earnings Alleged: n/a Medicare Eligible: n/a Reserve Review: $150,000. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses. Pursuing more than $25,000.00). Reserves are sufficient. Updated Action Plan: Pending copy of the SWITRS Report for this location for the last 10 years (inclusive). Obtain copy of the police report Obtain a copy of the MAIT Report if available Obtain any photos taken by the police at the scene of the loss. Determine if tender is viable to landscaper Determine if tender is viable to Coachella Valley Association-Government(CVAG) Subrogation Referral: n/a Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Gloria Sanchez Sent:Friday, March 15, 2024 12:47 PM To:Glen Raphael; Monique Lomeli Cc:Andrea Staehle; Amber Molina Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Attachments:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge; 058_Hwy_111_At_Deep_Canyon_TS.PDF; C41880 - Executed Agreement.pdf; Mariposa Landscape.pdf; 2024 Mariposa Landscapes Inc.pdf; 058_Hwy_111 _At_Deep_Canyon_TS.pdf; Hwy 111 & Deep Canyon Det Red Line 230328.pdf Good morning, Glen: Please see responses in the feed, below. - Sgt. Don Olson, Riverside County Sheriff's Department - Bassam AL-Beitawi, Senior Project Manager - Randy Chavez, Deputy Director of Public Works - Robert Becerra, Senior Traffic Signal Specialist - M. Gloria Sanchez, Records Coordinator I will follow up with Sgt. Olson regarding No. 1 and let me know if you need me to contact CVAG for No. 4 Have a great weekend. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Friday, March 8, 2024 10:07 AM To: Monique Lomeli <mlomeli@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Morning, I am following up on this claim, any responses available the requested below? Thank you Glen RaphaelSr Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.c Good Morning, I am following up on this claim, any responses available the requested below? Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, 2 proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Friday, February 16, 2024 2:48 PM To: Monique Lomeli <mlomeli@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Afternoon, Below is the review and status of this claim, please have the following addressed: 1. Please forward a copy of the traffic collision report along with the available scene videos and photos Per Sgt. Olson the subject case is still an open case. Therefore, Sgt. Olson will get back to us at a later date – email response attached. 2. Does the location have a documented history of complaints by residents? No. a. If so, what were they and what was done in response? N/A b. Please provide copies of any records regarding same. N/A 3. Were any traffic/warrant studies undertaken by the City regarding the location? No. a. If so, what were the results? Were any modifications to the location made? N/A Sometime after Hwy 111 was relinquished from Caltrans the 170 Controller that Caltrans utilizes was replaced with a Nema AS2S controller (Econolite) with a 2010 style conflict monitor. This was done to Tie intersection on Hwy 111 to COPD Central System utilizing Aries (Econolite Central System) . In March 2016, the 170 traffic signal cabinet was with a Econolite Nema TS2 cabinet and Cobalt controller. This location and various on Hwy 111 the controller was replaced with an Intelight Controller and other equipment under CV-Synch Project. For exact equipment you will need to get from CVAG and when it was done. b. Please provide copies of any reports/records regarding same. N/A This FTP link provides all our traffic signal reports for this location. https://cpdftp.org/link/Zr5kAHPlB43ahjDg0A79Ds PDF “058” was generated after a resurfacing project on Hwy 111. This was strictly done for detector assignments and relocating of loop detector home run. PDF with 230328 was done due to changes on CVAG CV-Synch project. Strictly Detector Assignments on “Intelight” Controller. 4. Are signed, as-built plans available for this location. Yes.* As-Built traffic signal plan at the subject intersection. 3 a. If so, please provide copies of them. Attached is a copy of the traffic signal at the subject intersection. *Please note, in 2023 the Coachella Valley Association of Governments (CVAG) made some modifications on the signal system as part of CVAG CV Sync Project. Copies of the modifications should be obtained from CVAG. See attachment provided by Senior Traffic Signal Specialist. I will follow up with CVAG regarding the equipment, if needed. 5. Were criminal charges have been filed against the responsible motorist? Is still an open case. 6. Does the City perform the maintenance of the landscaping within the center medians at this location or is it contracted? The City contracts the landscape maintenance to Mariposa Landscapes, Inc. to maintain the center median at this location. This area is known as Landscape Maintenance Area No. 1 (LMA 1). a. If City staff performs maintenance, please forward the maintenance history/schedule leading up to 4/10/23. Schedule attached to executed agreement. b. If contracted, please forward the contract agreement and the associated certificate of insurance. Agreement and insurance attached. DIARY REVIEW Date, Time, Location: 4/10/23. 9:24pm. On SR-111 61’ east of the intersection with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was attempting to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) Attorney: Walter Clark Legal Group Statute of Limitations: 4/13/24, 6 months from rejection date. Action plan items from last review and status: · Claim rejected 10/13/23 · City advised they do control and maintain this roadway and center medians, on Highway 111 east and west of Deep Canyon. The light signals are under the maintenance and control of Coachella Valley Associa Ɵon-Government(CVAG). CVAG can make Ɵming changes or signal operaƟon changes. If the City required changes they need to be submiƩed by an Engineer (COPD) to CVAG for approval. The city does NOT manage or maintain any parkway landscape 61’ feet east of Deep Canyon Coverage: Covered under MOLC for dangerous condition Liability Review: Questionable on the City, pending additional fact development to confirm if design immunity is supported. Damages Review – Property Damage: n/a Injuries: Claimant is pursuing damages for the wrongful death. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses Treatment: n/a Submitted Medical Bills: n/a Considered: n/a Residuals: n/a 4 Loss of Earnings Alleged: n/a Medicare Eligible: n/a Reserve Review: $150,000. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protecƟon, affecƟon, society, moral support, training, guidance, financial support, giŌs, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses. Pursuing more than $25,000.00). Reserves are sufficient. Updated Action Plan: Pending copy of the SWITRS Report for this location for the last 10 years (inclusive). Obtain copy of the police report Obtain a copy of the MAIT Report if available Obtain any photos taken by the police at the scene of the loss. Confirm if landscaping of medians is performed by City staff or contracted out Obtain plans for i/s Determine if tender is viable to landscaper Determine if tender is viable to Coachella Valley AssociaƟon-Government(CVAG) Rule out prior complaints for i/s Subrogation Referral: n/a Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Olson, Donald <djolson@riversidesheriff.org> Sent:Wednesday, March 13, 2024 9:43 AM To:Gloria Sanchez Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Gloria, This is sƟll an open case; I will look into what informaƟon can be released. Don Sgt. Don Olson Riverside County Sheriff’s Department, Palm Desert Station Palm Desert Traffic Services 73705 Gerald Ford Dr Palm Desert, CA 92211 Desk 760-836-1766 Cell 760-408-1138 Confidentiality Disclaimer This email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The information contained in this message may be privileged and confidential and protected from disclosure. If you are not the author's intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error please delete all copies, both electronic and printed, and contact the author immediately. County of Riverside California From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Wednesday, March 13, 2024 1:29 AM To: Olson, Donald <djolson@riversidesheriff.org> Subject: FW: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good morning, Sgt. Olson, CAUTION: This email originated from outside the Riverside Sheriff email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. 2 You may have already received a request from Monique, Amber or Andrea for a copy of the police report regarding the claim and coroner report attached. The Sr. Claims Examiner also requesting scene videos and photos. Thank you for your time a have a good day. M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Glen Raphael <GRaphael@carlwarren.com> Sent: Friday, March 8, 2024 10:07 AM To: Monique Lomeli <mlomeli@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Morning, I am following up on this claim, any responses available the requested below? Thank you Glen RaphaelSr Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.c Good Morning, I am following up on this claim, any responses available the requested below? Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or 3 facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Friday, February 16, 2024 2:48 PM To: Monique Lomeli <mlomeli@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Afternoon, Below is the review and status of this claim, please have the following addressed: 1. Please forward a copy of the traffic collision report along with the available scene videos and photos 2. Does the location have a documented history of complaints by residents? a. If so, what were they and what was done in response? b. Please provide copies of any records regarding same. 3. Were any traffic/warrant studies undertaken by the City regarding the location? a. If so, what were the results? Were any modifications to the location made? b. Please provide copies of any reports/records regarding same. 4. Are signed, as-built plans available for this location. a. If so, please provide copies of them. 5. Were criminal charges have been filed against the responsible motorist? 6. Does the City perform the maintenance of the landscaping within the center medians at this location or is it contracted? a. If City staff performs maintenance, please forward the maintenance history/schedule leading up to 4/10/23 b. If contracted, please forward the contract agreement and the associated certificate of insurance. DIARY REVIEW Date, Time, Location: 4/10/23. 9:24pm. On SR-111 61’ east of the intersection with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was attempting to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) Attorney: Walter Clark Legal Group Statute of Limitations: 4/13/24, 6 months from rejection date. Action plan items from last review and status: · Claim rejected 10/13/23 4 · City advised they do control and maintain this roadway and center medians, on Highway 111 east and west of Deep Canyon. The light signals are under the maintenance and control of Coachella Valley Associa Ɵon-Government(CVAG). CVAG can make Ɵming changes or signal operaƟon changes. If the City required changes they need to be submiƩed by an Engineer (COPD) to CVAG for approval. The city does NOT manage or maintain any parkway landscape 61’ feet east of Deep Canyon Coverage: Covered under MOLC for dangerous condition Liability Review: Questionable on the City, pending additional fact development to confirm if design immunity is supported. Damages Review – Property Damage: n/a Injuries: Claimant is pursuing damages for the wrongful death. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses Treatment: n/a Submitted Medical Bills: n/a Considered: n/a Residuals: n/a Loss of Earnings Alleged: n/a Medicare Eligible: n/a Reserve Review: $150,000. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protecƟon, affecƟon, society, moral support, training, guidance, financial support, giŌs, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses. Pursuing more than $25,000.00). Reserves are sufficient. Updated Action Plan: Pending copy of the SWITRS Report for this location for the last 10 years (inclusive). Obtain copy of the police report Obtain a copy of the MAIT Report if available Obtain any photos taken by the police at the scene of the loss. Confirm if landscaping of medians is performed by City staff or contracted out Obtain plans for i/s Determine if tender is viable to landscaper Determine if tender is viable to Coachella Valley AssociaƟon-Government(CVAG) Rule out prior complaints for i/s Subrogation Referral: n/a Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ^ MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CFRTICirflTP^TEND or ALTER THE COVERAGE AFFORDED BY THE PoLSkbI^ CTRTfflC^E HOU3ER. CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE SUBRO^'SbN INSURED the policydes) must have ADDITIONAL INSURED provisions or be endorsed If ce,1l,icat^o°esnS~righ;iTo'tU°ce1^,icrhoW^^^ endorsement. A statement on this PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55050 name''' CLIENT CONTACT CENTER (A/c, No, Ext); 888-333-4949 LArc, no): 507-445-4664 ADDRESS: CLIENTCONTACTCENTERfflFFDINR OOM INSURERS AFFORDING COVERAGE NAIC# INSURER a:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED 171-235-5 MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 INSURER B; INSURER C: INSURER D; INSURER E: INSURER F: tNSRlZLTR p TYPE OF INSURANCE AODL SUBR POLICY NUMBER , POLICY EFF fMMIDD/VYYYt , POLICY EXP fMM/DD/YYYYl COMMERCIAL GENERAL UABILITY I CLAIMS-MADE s OCCUR EACH OCCURRENCE DAMAGE TO REITTED PREMISES (Ea occurreneftl 6069499 04/01/2024 MED EXP (Any one person) 04/01/2025 PERSONAL & ADV INJURY GENT AGGREGATE LIMIT APPUES PER: POLICY OTHERr GENERAL AGGREGATE PRODUCTS & COMP/OP AGG $1.000.000 $100,000 EXCLUDED $1.000.000 $2.000.000 $2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY COMBINED SINGLE UMIT (Ea accident)$1,000,000 SCHEDULED AUTOS NON-OWNED AUTOS ONLY 6069499 BODILY INJURY (Per Person) 04/01/2024 04/01/2025 BODILY INJURY (Per Acddent) PROPERTY DAMAGE (Par AcctdenH UMBRELLA LIA0 EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE 6069500 04/01/2024 $10.000.000 04/01/2025 DED IRETENTICN $10,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y^N; ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICEWMEMBER EXCLUDED? (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below i: PER STATUTE N/A E.L EACH ACCIDENT E.L DISEASE EA EMPLOYEE E.L DISEASE n POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddiOomI Remark, Schedule, may be attached it mere space is required! SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 171-235-5 CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT. CA 92260-2524 274 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED | BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (201BA)3} © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marlcs of ACORD AGENCY CUSTOMER ID: 171-235-5 LOC #: ADDITIONAL REMARKS SCHEDULE Page AGENCY FEDERATED MUTUAL INSURANCE COMPANY NAMED INSURED MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267POLICY NUMBER SEE CERTIFICATE # 274.0 CARRIER SEE CERTIFICATE 274.0 NAIC CODE EFFECTIVE DATE: SEE CERTIFICATE # 274.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHB5ULE TO ACORD FORM, FORM NUMBER; 25 FORM TITl£: , CERTIFICATE OF LIABILITY INSURANCE RE: FREEDOM PARK CITY OF PALM DESERT AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO THE COMMERCIAL GENERAL LIABILITY POLICY AND BUSINESS AUTO LIABILITY POLICY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC ENDORSEMENT COMMERCIAL UMBRELLA FOLLOWS FORM ACCORDING TO THE TERMS, CONDITIONS, AND ENDORSEMENTS FOUND IN THE COMMERCIAL UMBRELLA POLICY. FOR NON-PAYMENT OF PREMIUM, 10 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATE HOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. .FOR_REASONS_OTHER_IHAN_NONrEAYMENT_OE-EREHIUM,30_DAYS_NaTICE_WILL BE_PROVTDED_TO.,THE_CERIIEICATE_HOLDER_IN_tHE EVENT THAT THE ISSUING COWANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. ACORD 101 (200S/01)@ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this n endorsement does hot apply: 1. To joss which occurs prior to the date of your contract with such person or organization! 2. To "loss" arising out of the soie negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Includes copyrighted materiai of insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the foiiowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional Insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance avaiiable to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAEilLITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not appiy to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Secfion III - Limits Of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABIUTY CO 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the foiiowing: COMMERCiAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LiABiLITY COVERAGE PART _UQUgR liability COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the Insured has waived Its right of recovery In a written contract or agreement. Such waiver by us applies only to the extent that the Insured has waived Its right of recovery against such person or organization prior to loss. © Insurance Services Office, Inc., 2018 Page 1 of 1 CO 24 53 12 19 Policy Number; 6069499 Transaction Effective Date: 04/01/2024 ACC^ROr CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) SESSr TOmfe » uo"™" amMi tuE issuing insu«e«(si, aiSSzee. ilSaSATM"S JKceb SS tSI LuBROoTT^bN 'NSURED. the policydes) must have ADDITIONAL INSURED provisions or be endorsed Ifcertm^alSnMSrighTsTo'tU^ce*^^^ '"''y endorsement. A statement on this PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE; P.O. BOX 328 OWATONNA, MN 55060 NAME?'"' CLIENT CONTACT CENTER rA/c^No, Ekti; 888-333-4949 <a/c, No|; 507-446^664 ADDRESS: CLIENTCONTACTCENTEROFEDINSCOM INSURERS AFFORDING COVERAGE NAIC# INSURER a:FEDERATED SERVICE INSURANCE COMPANY 28304 INSURED 171-235-5 MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 INSURER B: INSURER 0: INSURER D: INSURER E: INSURER F: INSR TYPE OF INSURANCE ADDL SUBR POUCY NUMBER , POLtCY EFF /MM/DPn^YYY^ • POUCYEXP fMM/DD/YYYY^ COMMERCIAL GENERAL UASILITY |cLAIMS-MME s OCCUR 6069499 04/01/2024 GENl AGGREGATE LIMIT APPLIES PER; DPOLICY OTHER: i'c'^ Ql EACH OCCURRENCE DAMAGE TO RENTED PREMISESlEa Bccurrengfii MED EXP (Any one person) 04/01/2025 PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS & COMP/OP AGO $1.000.000 $100,000 EXCLUDED $1.000.000 $2.000.000 $2,000,000 AUTOMOBILE LIABILITY ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY COMBir<IED SINGLE UMITlEa accident)$1,000,000 SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per Person) 6069499 04/01/2024 04/01/2025 BODILY INJURY (Per Accident) PROPERTY DAMAGE iPer Accidenll UMBRELLA LIA0 EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE 6069500 $10,000,000 04/01/2024 04/01/2025 AGGREGATE DED IRETENTICN $10,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY yiN ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICERyMEMBER EXCLUDED? {Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below i: PER STATUTE nr N/A E.L EACH ACCIDENT E.L DISEASE EA EMPLOYEE E.L DISEASE n POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required] SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 171-235-5 CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT, CA 92260-2524 184 0 SHOULD ANY OF THE ABOVE DESCRrBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE i /I) /I ^ ^ ACORD 25 (2018/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ac:oRD AGENCY CUSTOMER ID: 171-235-5 LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY FEDERATED MUTUAL INSURANCE COMPANY NAMED INSURED MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267POLICY NUMBER SEE CERTIFICATE # 184.0 CARRIER SEE CERTIFICATE # 184.0 NAIC CODE EFFECTIVE DATE; SEE CERTIFICATE # 184.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHH5ULE TO ACORD FORM. FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF UABIUTY INSURANCE CONTRACT# A38131 ON CALL LANDSCAPE SUPPORT SERVICES THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marKs of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the foiiowing: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking'or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), mertibers (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household ) B. The coverage extended to any additional insured by this endorsement is limited to, and subject to ail terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does hot apply: 1. To loss which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART is added to the Other Insurance supersedes any provision to the The following Condition and contrary: Primary And Noncontrlbutory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Poiicy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CO 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LiABiLiTY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 . © insurance Services Office, Inc., 2018 Page 1 of 2 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you , have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Policy Number: 6G69499 Transaction Effective Date: 04/01/2024 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ^ MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATFNEOATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUQES^^^^ aRT^MTE HOmER.^ CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REpStAT^E OR pK^ SUBRO^loN l5®vJfltvnFn®'fM.liB''.®'i 3" ADDITIONAL INSURED (he policydes) must have ADDITIONAL INSURED provisions or be endorsed If®ATI0N IS WWVED, subject to the terms and condittons of the policy, certain policies may require an endorsement A statement on Ihi"! certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) enuorsemeni. « staiemem on this PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 550S0 nameI"^^ client CONTACT CENTER Ta/cI'L, Extl; 888-333-4949 [a/c. No): 507-446-4664 ADDRESS: CUENTCONTACTCENTERaPEDIN.q COM INSURERS AFFORDING COVERAOE INSURER a:FEDERATED SERVICE'INSURANCE COMPANY 28304 INSURED 171-235-5 MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 INSURER 8: INSURER C: INSURER 0: INSURER E: INSURER F: INSR XLS. 'NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED ^ssl^n OR Xy CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE TYPE OF INSURANCE AODL SUBR JCISS..^POLICY NUMBER , POLICY EFF /MMmn/YYVV^ , POLICY EXP flV!M/DD<YYYYl COMMERCIAL GENERAL UA9ILITY I CLAIMS-MADE 0 OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES lEa occurrence! 6069499 04/01/2024 04/01/2025 MED EXP (Any one person) PERSONAL & ADV INJURY CENl AGGREGATE UMIT APPLIES PER; X POLICY LOC GENERAL AGGREGATE PRODUCTS & COMP/OP AGO $1,000,000 $100,000 EXCLUDED 1.000.000 $2.000.000 $2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY COMBINED SINGLE UMIT(Ea accident)$1,000,000 SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per Person) 6069499 04/01/2024 04/01/2025 BODILY INJURY (Per AccidenQ PROPERTY DAMAGE iPar AccidenI) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE 6069500 $10.000,000 04/01/2024 04/01/2025 AGGREGATE DED JRETENTION $10,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y^N ANY PROPRIETOR/PARTNER/ EXECUTIVE OFHCER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below c PER STATUTE N/A E.L EACH ACCIDENT E.L DISEASE €A EMPLOYEE E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is reauired] SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELUTION 171-235-5 CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT, CA 92260-2524 17 0 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED representative ^ ACORD 25 (2aiBA)3) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered maiics of ACORD A€::oRC9 AGENCY CUSTOMER ID: 171-235-5 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 AGENCY FEDERATED MUTUAL INSURANCE COMPANY NAMED INSURED MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267POLICY NUMBER SEE CERTIFICATE # 17.0 CARRIER SEE CERTIFICATE # 17.0 NAIC CODE EFFECTIVE DATE: SEE CERTIFICATE # 17.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHB3ULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE PROJECT#909-22 C0NTRACT1«:56S93 LANDSCAPE MAINTENANCE AREA NO.9 ADDITIONAL INSURED INCLUDES: CITY OF PALM DESERT AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTDRY OVER OTHER INSURANCE. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. /Vl rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. i' A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include; Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional Insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this —endorsement does not apply: _ . . - _ . 1. To 'loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition and supersedes any ' provision to the contrary: Primary And Noncontributory Insurance This Insurance Is primary to and will not seek contribution from any other Insurance available to an additional Insured under your policy provided that: (1) The additional Insured Is a Named Insured under such other Insurance; and (2) You have agreed In writing In a contract or agreement that this Insurance would be primary and would not seek contribution , from any other Insurance available to the additional Insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL UABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. ^ However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily Injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 2. "Bodily injury" occurring after: or "property damage" a. All work, including materiais, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/06/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If ttie certificate holder is an ADDITIONAL INSURED, the poIicy(les) must have ADDITIONAL INSURED provisions or be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does hot confer rl^ts to the certificate holder in lieu of such endorsement(s). PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 NAMEt®^ CUENT CONTACT CENTER Ta/cI'L, Bit): 888-333-4949 fAre, No): 507-446^664 E'MIAIL ADDRESS: CLIENTCONTACTCENTEROFEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A;FEDERATED SERVICE INSURANCE COMPANY 28304 INSUREO 171-235-5 MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 406 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR JJB.TYPE OF INSURANCE ADDL SUBR POLICY NUMBER , POLICY EFF ' iMMmp/yyvYl ,POUCY EXP fMM/DD/VYYYl COMMERCIAL GENERAL UABILITY I CLAIMS-MADE OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES <Ea oeeurrBncai MED EXP (Any one person) 6069499 04/01/2024 04/01/2025 PERSONAL & ADV INJURY GENL AGGREGATE LIMIT APPUES PER; X POLICY LOC OTHER: GENERAL AGGREGATE PRODUCTS & COMP/OP AGG $1,000,000 $100,000 EXCLUDED $1.000.000 $2.000.000 $2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY COMBINED SINGLE UMIT lEa accident)$1,000,000 SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per Person) 6069499 04/01/2024 04/01/2025 BODILY INJURY (Per Accident) PROPERTY DAMAGE iPer Accideni) UMBRELLA LIAQ EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $10,000,000 6069500 04/01/2024 04/01/2025 AGGREGATE $10,000,000 DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N ANY PROPRIETOR/PARTNER/ EXECUTIVE | OFnCER/MEMBER EXCLUDED? I (Mendatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below PER STATUTE N/A E.L EACH ACCIDENT E.L DISEASE €A EMPLOYEE E.L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required] SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 171-235-5 CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT, CA 92260-2524 406 0 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED | BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. 1 AUTHORIZED REPRESENTATIVE ! t\ Jl -v* 1 ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All lights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID; 171-235-5 LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY FEDERATED MUTUAL INSURANCE COMPANY NAMED INSURED MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST IRWINDALE, CA 91702-3267POircY NUMBER SEE CERTIFICATE #406.0 CARRIER SEE CERTIFICATE #406.0 NAIC CODE EFFECTIVE DATE: SEE CERTIFICATE # 406.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHSULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF UABIUTY INSURANCE CONTRACT#C41880 LANDSCAPE MAINTENANCE AREA NO.l ADDITIONAL INSURED INCLUDES: CITY OF PALM DESERT AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTDRY OVER OTHER INSURANCE. ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMEjVTT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1 A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily Injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This .exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional Insured by this endorsement is limited to, and subject to ail terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this ' endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, inc. with its permission. CA-F-127 (03-03) Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CO 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition and supersedes any provision to the contrary: ^ Primary And Noncontrlbutory Insurance This Insurance Is primary to and will not seek contribution from any other Insurance available to an additional Insured under your policy provided that: (1) The additional Insured Is a Named Insured under such other Insurance; and (2) You have agreed In writing In a contract or agreement that this Insurance would be primary and would not seek contribution from any other Insurance available to the additional Insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the foiiowing: eOMMEReiAL-GENERALrLIABILiTY COVERAGE PART - . Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional Insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "properly damage", or the offense which caused the "personal and advertising injury", involved the" rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 © insurance Services Office, inc., 2018 Page 1 of 2 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 2. "Bodily injury" occurring after: or "property damage" Aii work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same^projecf. ^ C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Policy Number: 6069499 Transaction Effective Date: 04/01/2024 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Thursday, October 12, 2023 5:05 PM To:Gloria Sanchez Cc:Glen Raphael; Andrea Staehle; Amber Molina Subject:FW: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Attachments:2023-10-10 Dodge, Vanessa - 904.pdf; 20231013 Heirs of Jamie Dodge Palm Desert REJECTION NOTICE 3049928.pdf Hi Gloria, Please find aƩached a copy of our RejecƟon NoƟce for your records. Please note that Mr. Glen Raphael has been assigned to the processing of this claim on the City’s behalf. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 2 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Tuesday, October 10, 2023 3:13 PM To: cjpia Claims <cjpia@carlwarren.com>; Todd Hileman <thileman@palmdesert.gov>; Isra Shah <isra.shah@bbklaw.com>; Robert Hargreaves <robert.hargreaves@bbklaw.com> Cc: Chris Escobedo <cescobedo@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Anthony Mejia <amejia@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com>; Richard Cannone <rcannone@palmdesert.gov>; Martin Alvarez <malvarez@palmdesert.gov> Subject: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good aŌernoon, AƩached for your review and appropriate acƟon is Claim No. 904 – Vanessa K. Dodge. If you have quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me. Thank you and have a nice day. . . M. Gloria Sanchez Records Coordinator 760.776.6354 gsanchez@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 Some people who received this message don't often get email from gsanchez@palmdesert.gov. Learn why this is important PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 October 13, 2023 Walter Clark Legal Group 71-861 Hwy. 111 Rancho Mirage, CA 92270 REJECTION NOTICE RE: Entity : City of Palm Desert Claimant : Vanessa K. Dodge as heir of Jamie Dodge, decedent D/Incident : 4/10/23 Our File : 3049928 GRV We are the administrators for the self-insured liability claims program for the City of Palm Desert. The above referenced claim which you filed with the above captioned entity on October 10, 2023 has been referred to us for investigation and handling. Notice is hereby given that the claim presented to the captioned entity on October 10, 2023 was denied on October 13, 2023. No further action will be taken on this claim by the City of Palm Desert. Any and all further communications relative to your claim should be directed to the undersigned at the address or telephone number shown below. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action on this claim. (See government Code Section 945.6) The six month time for filing such a court action is neither enlarged nor extended by the provisions of CCP Section 335.1. This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing. You may seek the advice of an attorney or your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor 1 Gloria Sanchez From:Glen Raphael <GRaphael@carlwarren.com> Sent:Friday, February 16, 2024 2:48 PM To:Monique Lomeli; Gloria Sanchez Cc:Tim Varon; Andrea Staehle; Amber Molina Subject:CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Attachments:2023-10-10 Dodge, Vanessa - 904.pdf Good Afternoon, Below is the review and status of this claim, please have the following addressed: 1. Please forward a copy of the traffic collision report along with the available scene videos and photos 2. Does the location have a documented history of complaints by residents? 1. If so, what were they and what was done in response? 2. Please provide copies of any records regarding same. 3. Were any traffic/warrant studies undertaken by the City regarding the location? 1. If so, what were the results? Were any modifications to the location made? 2. Please provide copies of any reports/records regarding same. 4. Are signed, as-built plans available for this location. 1. If so, please provide copies of them. 5. Were criminal charges have been filed against the responsible motorist? 6. Does the City perform the maintenance of the landscaping within the center medians at this location or is it contracted? 1. If City staff performs maintenance, please forward the maintenance history/schedule leading up to 4/10/23 2. If contracted, please forward the contract agreement and the associated certificate of insurance. DIARY REVIEW Date, Time, Location: 4/10/23. 9:24pm. On SR-111 61’ east of the intersection with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was attempting to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. 2 Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) Attorney: Walter Clark Legal Group Statute of Limitations: 4/13/24, 6 months from rejection date. Action plan items from last review and status: · Claim rejected 10/13/23 · City advised they do control and maintain this roadway and center medians, on Highway 111 east and west of Deep Canyon. The light signals are under the maintenance and control of Coachella Valley Association-Government(CVAG). CVAG can make timing changes or signal operation changes. If the City required changes they need to be submitted by an Engineer (COPD) to CVAG for approval. The city does NOT manage or maintain any parkway landscape 61’ feet east of Deep Canyon Coverage: Covered under MOLC for dangerous condition Liability Review: Questionable on the City, pending additional fact development to confirm if design immunity is supported. Damages Review – Property Damage: n/a Injuries: Claimant is pursuing damages for the wrongful death. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses Treatment: n/a Submitted Medical Bills: n/a Considered: n/a Residuals: n/a Loss of Earnings Alleged: n/a Medicare Eligible: n/a 3 Reserve Review: $150,000. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance, financial support, gifts, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses. Pursuing more than $25,000.00). Reserves are sufficient. Updated Action Plan: Pending copy of the SWITRS Report for this location for the last 10 years (inclusive). Obtain copy of the police report Obtain a copy of the MAIT Report if available Obtain any photos taken by the police at the scene of the loss. Confirm if landscaping of medians is performed by City staff or contracted out Obtain plans for i/s Determine if tender is viable to landscaper Determine if tender is viable to Coachella Valley Association-Government(CVAG) Rule out prior complaints for i/s Subrogation Referral: n/a Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. 4 Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Gloria Sanchez Sent:Tuesday, November 21, 2023 6:07 PM To:Glen Raphael Cc:Monique Lomeli Subject:CJP-3049926 - Vanessa K. Dodge (904) Good aŌernoon, Below are the responses to your ques Ɵons. The font colors are designated as follows: Senior Project Manager Bassam AL-Beitawi Senior Traffic Signal Specialist Robert Becerra Deputy Director of Public Works Randy Chavez 1. Just to clarify, the City owns and maintained CA – 111? This incident occurred on CA Highway 111, 61 feet east of the intersecƟon with Deep Canyon. I ask for clarity since we typically see State Highways are owned and maintained by Cal Trans. The City does own and maintain CA-111 within the City limits. Caltrans has no responsibility on this section of CA-111. The only item on CA-111 that is not owned or controlled by the City is bus stops and bus shelters. 2. If the City controls the highway, does the City share ownership/maintenance obligaƟons with any other enƟty? The City fully owns and maintains the portion of CA-111 within the City limits, with exception mentioned above. However, as Robert mentioned in his previous e-mail, operation and maintenance of the signal timing system on CA-111 within City limits is currently being handled by CVAG. We need the date of the incident to better identify if CVAG was in charge of the signal operation at that time. 3. Can you define landscape? I defer this quesƟon to Randy/Brad. The city maintains the center medians, on Highway 111 east and west of Deep Canyon. The city does not manage or maintain any parkway landscape 61’ feet east of Deep Canyon 4. Who controls the landscape? I defer this quesƟon to Randy/Brad. The city manages the maintenance of the medians. Yes, this falls under Palm Desert maintenance, but there is a gray area if we are talking about traffic signals. The operaƟon is under CVAG Control. They can make Ɵming changes or signal operaƟon changes. If we required changes they need to be submiƩed by an Engineer (COPD) to CVAG for approval. I hope this helps and not cause any confusion. I will be out of the office from 11/27 – 12/5. If you need immediate assistance, contact Sr. Deputy Monique Lomeli at ext. 302. Have a wonderful Thanksgiving weekend. 1 Gloria Sanchez From:Glen Raphael <GRaphael@carlwarren.com> Sent:Tuesday, November 14, 2023 3:19 PM To:Andrea Staehle Cc:Amber Molina; Gloria Sanchez; Tim Varon Subject:RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Evening, Below is the current status and review of this claim. DIARY REVIEW Date, Time, LocaƟon: : 4/10/23. 9:24pm. On SR-111 61’ east of the intersecƟon with Deep Canyon Rd., Palm Desert, CA, 92260, Event: Decedent was aƩempƟng to cross Highway 111 at/near Deep Canyon Road, Palm Desert, CA, and was fatally struck by an SUV vehicle. Claimant: Heirs of Jamie Dodge, c/o Vanessa Dodge (sister) AƩorney: Walter Clark Legal Group Statute of LimitaƟons: AcƟon plan items from last review and status:  Claim rejected 10/13/23  City advised they do control and maintain this roadway. However, does not own or control any of the landscape 61 feet east of Deep Canyon. Pending clarificaƟon as this accident occurred on Highway 111, 61 feet east of Deep Canyon. Highways are usually owned and maintained by Cal-Trans. Coverage: Covered under MOLC for dangerous condiƟon Liability Review: QuesƟonable at present. Control appears remote. Pending confirmaƟon Damages Review – Property Damage: n/a Injuries: Claimant is pursuing damages for the wrongful death. Pursuing damages for the loss of love, companionship, comfort, care, assistance, protec Ɵon, affecƟon, society, moral support, training, guidance, financial support, giŌs, benefits that they Claimant would have expected to receive, the reasonable value of household services, and funeral and burial expenses Treatment: n/a SubmiƩed Medical Bills: n/a Considered: n/a Residuals: n/a Loss of Earnings Alleged: n/a Medicare Eligible: n/a Reserve Review: $1,000.00 Updated AcƟon Plan:  Follow up with the Coty concerning ownership/control of the loss locaƟon  If City owned the loss locaƟon, obtain plans to support design immunity  Request copy of the police report  Verify ownership of the road and jurisdicƟon of the locaƟon.  Does the locaƟon have a documented history of complaints by residents? If so, what were they and what was done in response? Obtain copies of any records regarding same. 2  Obtain a copy of the MAIT Report and/or Traffic Collision Report.  Obtain any photos taken by the police at the scene of the loss.  Obtain any photos taken by the police at the scene of the loss via CD format.  Obtain a copy of the SWITRS Report for this locaƟon for the last 10 years (inclusive). If not:  DraŌ a DeclaraƟon of Non-ownership and have the correct City official sign it.  Send a copy of the DeclaraƟon of Non-ownership with a 1038 LeƩer to the Claimant’s AƩorney.  Monitor the RejecƟon NoƟce and close the file aŌer 30 days. SubrogaƟon Referral: n/a Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Glen Raphael Sent: Tuesday, November 14, 2023 3:08 PM To: Andrea Staehle <astaehle@palmdesert.gov> Cc: Amber Molina <amolina@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Evening, Please provide an update on the requested below, thank you From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, October 31, 2023 3:22 PM 3 To: Andrea Staehle <astaehle@palmdesert.gov> Cc: Amber Molina <amolina@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Thank you I do have a few follow up quesƟons: 1. Just to clarify, the City owns and maintained CA – 111? This incident occurred on CA Highway 111, 61 feet east of the intersecƟon with Deep Canyon. I ask for clarity since we typically see State Highways are owned and maintained by Cal Trans. 2. If the City controls the highway, does the City share ownership/maintenance obligaƟons with any other enƟty? 3. Can you define landscape? 4. Who controls the landscape? Thank you again Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Andrea Staehle <astaehle@palmdesert.gov> Sent: Tuesday, October 31, 2023 10:03 AM To: Glen Raphael <GRaphael@carlwarren.com> Cc: Amber Molina <amolina@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Morning, The City does control and maintain this roadway. However, the City does not own or control any of the landscape 61 feet east of Deep Canyon. 4 Please let me know if you have any addiƟonal quesƟons. Thank you, . . Andrea Staehle Human Resources Manager 760.776.6337 astaehle@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Glen Raphael <GRaphael@carlwarren.com> Sent: Monday, October 30, 2023 12:13 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Mimecast Attachment Protection was unable to create safe copies of your attachments. Good Day, I wanted to follow up on this claim. Please confirm it the City owns/controls and maintains this section of Highway-111? If not, please advise which entity does own/control and maintain this roadway. If the City holds no control, please advise who would be the appropriate staff member to complete a declaration of non-ownership? Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. 5 Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Monday, October 16, 2023 1:55 PM To: Gloria Sanchez (gsanchez@palmdesert.gov) <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good Morning, With regards to the attached claim concerning the Auto v Ped accident occurring on Highway-111, 61 feet east of Deep Canyon Rd., please confirm it the City owns/controls and maintains this section of Highway-111? If not, please advise which entity does own/control and maintain this roadway. If the City holds no control, please advise who would be the appropriate staff member to complete a declaration of non-ownership? Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized 6 representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tim Varon <TVaron@carlwarren.com> Sent: Thursday, October 12, 2023 5:05 PM To: Gloria Sanchez (gsanchez@palmdesert.gov) <gsanchez@palmdesert.gov> Cc: Glen Raphael <GRaphael@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: FW: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Hi Gloria, Please find aƩached a copy of our RejecƟon NoƟce for your records. Please note that Mr. Glen Raphael has been assigned to the processing of this claim on the City’s behalf. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Tuesday, October 10, 2023 3:13 PM To: cjpia Claims <cjpia@carlwarren.com>; Todd Hileman <thileman@palmdesert.gov>; Isra Shah <isra.shah@bbklaw.com>; Robert Hargreaves <robert.hargreaves@bbklaw.com> Cc: Chris Escobedo <cescobedo@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Anthony Mejia <amejia@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com>; Richard Cannone <rcannone@palmdesert.gov>; Martin Alvarez <malvarez@palmdesert.gov> Subject: CJP-3049926 - City of Palm Desert - Claim Against the City 904 - Vanessa K. Dodge Good aŌernoon, AƩached for your review and appropriate acƟon is Claim No. 904 – Vanessa K. Dodge. Some people who received this message don't often get email from gsanchez@palmdesert.gov. Learn why this is important 7 If you have quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me. Thank you and have a nice day. . . M. Gloria Sanchez Records Coordinator 760.776.6354 gsanchez@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 1 Gloria Sanchez From:Gloria Sanchez Sent:Tuesday, October 10, 2023 3:13 PM To:'Carl Warren & Company'; Todd Hileman; Isra Shah; Robert Hargreaves Cc:Chris Escobedo; Andrea Staehle; Anthony Mejia; Tim Varon; Richard Cannone; Martin Alvarez Subject:Claim Against the City 904 - Vanessa K. Dodge Attachments:2023-10-10 Dodge, Vanessa - 904.pdf Good aŌernoon, AƩached for your review and appropriate acƟon is Claim No. 904 – Vanessa K. Dodge. If you have quesƟons or need addiƟonal informaƟon, please do not hesitate to contact me. Thank you and have a nice day.