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Home My WebLink About2025-09-16 FW_ CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW_ Claim AssistanceFrom:Tim Varon To:Andrea Staehle Cc:Damian Olivares; Amber Molina Subject:FW: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance Date:Tuesday, September 16, 2025 3:02:02 PM Attachments:civicacademyemailbanner-fall2025_4177d412-0900-4d89-bc0e-38036d873406.png image001.png image002.png image003.png image004.png CVAG - Tender Letter to City of Palm Desert re Larson Demand-c1.pdf Demand Letter-c1.pdf Hi Andrea, I’m just following up to see if you’ve been able to locate the agreement with CVAG for our review to determine if Palm Desert owes CVAG indemnification. If/when you are able to locate it, please forward it over to me for our review. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.comTel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296www.carlwarren.com PO Box 2411, Tustin, California, 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 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: Tim Varon <tvaron@carlwarren.com> Sent: Friday, September 12, 2025 9:56 AM To: Megan Williams <mwilliams@carlwarren.com> Subject: CJP-3054900 - CVAG - CJP-3054901 - City of Palm Desert - FW: Claim Assistance Hi Megan, Please open files for both CVAG with “Burke Larson” as the Claimant and a file with Palm Desert with “CVAG” as the Claimant for this attached claim. 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 PO Box 2411, Tustin, California, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Toni Consolo Sent: Thursday, September 11, 2025 6:12 PM To: Andrea Staehle Cc: Amber Molina ; Tim Varon ; Chris Kustra Subject: FW: Claim Assistance Hi, Andrea. If there is an agreement between the City and CVAG related to this project, that agreement should be reviewed to determine if it requires the City to defend, indemnify, and hold harmless CVAG for claims arising from the City's actions or inactions related to the project, which may trigger a duty to defend or possibly reimburse CVAG’s legal costs. Possibly a Cooperative Agreement from September 2019? Given that the demand includes damages, it is prudent to file a liability claim. Carl Warren will assess whether the damages fall within the scope of coverage, even if injunctive relief is excluded, and potentially initiate a defense. Their input will be helpful in determining how to proceed with CVAG’s indemnification request. The attachments and the agreement, if there is one, should be forwarded to Carl Warren with the claim. To that end, I’ve copied Carl Warren in this email to bring them in the loop on this matter. Please do not hesitate to contact us if you have any questions. Thank you, Toni Toni Consolo, ARM Senior Risk Manager California Joint Powers Insurance Authority 8081 Moody Street, La Palma, CA 90623 t 562.455.5024 tconsolo@cjpia.org cjpia.org From: Andrea Staehle <astaehle@palmdesert.gov> Sent: Thursday, September 11, 2025 8:34 AM To: Toni Consolo <tconsolo@cjpia.org> Cc: Amber Molina <amolina@palmdesert.gov> Subject: Claim Assistance *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* Hi Toni, Me again! Can you take a look at the attached letters (ADA claim and from CVAG) and provide guidance and next steps? It looks like CVAG is being asked to be indemnified on the ADA claim at the Bump and Grind (trail in Palm Desert). Thanks, Andrea Andrea Staehle Human Resources Director City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov 65285.00001\44152656.1 Nicholaus Norvell Partner (619) 525-1380 nicholaus.norvell@bbklaw.com Best Best & Krieger LLP | 655 West Broadway, Suite 1500, San Diego, California 92101 Phone: (619) 525-1300 | Fax: (619) 233-6118 | bbklaw.com September 5, 2025 Isra Shah City Attorney City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Burke Larson Demand Letter Dear Ms. Shah: Our office serves as General Counsel for the Coachella Valley Association of Governments (“CVAG”). CVAG has received a demand letter (“Demand Letter”) from Burke Larson relating to construction and operation of the CV Link Multi-Use Path On-Street Project in the City of Palm Desert (“Project”) where it intersects with the Bump and Grind Trail. Specifically, the Demand Letter alleges that the Project improvements operated and maintained by the City of Palm Desert and constructed under an agreement entered into by the City of Palm Desert violate the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973; California Disabled Persons Act, Cal. Civ. Code § 54 et seq.; Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.; California Government Code § 4450; and Title 24 of the California Building Code. Section 8 of the Cooperative Agreement dated September 30, 2019 by and between CVAG and the City of Palm Desert for the Project (“Agreement”) expressly recognizes that the Agreement is for funding purposes only and nothing in the Agreement shall be construed so as to constitute CVAG as a party to the construction or ownership or partner or joint venturer with the City as to the Project. Further, pursuant to Section 8, the City of Palm Desert agreed to defend, indemnify, and hold harmless CVAG from and against all actions, damages, claims, losses and expenses of every type resulting from the actions or inactions of the City of Palm Desert related to the Project, expressly including actions or inactions taken in performance of the Agreement or any agreement entered into by the City with reference to the Project. Accordingly, by this letter, CVAG is tendering the defense and indemnity of the Demand Letter and potential related actions to the City of Palm Desert and demanding that the City of Palm Desert defend, indemnify, and hold harmless CVAG. Please acknowledge in writing whether the City of Palm Desert will accept CVAG’s tender and provide the name and contact information of counsel who will be handling this matter. 65285.00001\44152656.1 Isra Shah September 5, 2025 Page 2 Best Best & Krieger LLP CVAG stands ready to cooperate with any defense or similar actions related to the Demand Letter or related claims or litigation. Sincerel y, Nicholaus Norvell of BEST BEST & KRIEGER LLP NN:nn Attachment Copy to: Tom Kirk, CVAG Executive Director Chris Escobedo, Palm Desert City Manager