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Home My WebLink AboutClaim 581 - VerizonCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#581) BY VERIZON IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: June 14, 2007 CONTENTS: I. Staff Report II. Claim No. 581 III. Responses from Claims Adjuster and Staff Recommendation: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Background: Based on a review of the subject Claim and the recommendation of the Claims Adjuster, Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected. Discussion of this item should be held in Closed Session pursuant to Government Code Section 54956.9(b), potential litigation. Submitted by: CH LLE D. KLASSEI4, CMC CITY CLERK Approved: CARLOS L. ORT CITY MANAGER rdk Attachments (as noted) - SHEILA R. GILGWASST. C MANAGER FOR COMMUNITY SERVIC• '.I.O. CITY COUNCIL CTION: APPROVED DENIED RECEIVED OTHER MEETING DATEJp • I L{ •O'7 AYES : e n&3n. r y1 s6Y1 r�e� ii 1N Tel c i Ke(ly NOES: tJ�1' �2, ABSENT: &k5ne_ ABSTAIN: N6n VERIFIED BY:akl own Original on File wftjji City Clerk's Office H.:IWPdataIWPDOCSICLAJMS1581-reject-staff report wpd CiTY OF f'ALM DESERT �,Q� CMR CLAIMS DEPARTMENT ` ,p�S1GNED CIAIM N0. .s.�.�'--y P.O. BOX 60770 Ve'/�/�„�7 OKLAHOMA CITY, OK 73146-0770 1-866-887-4066 ****NOTICE OF CLAIM***** Uatc:a�62u07 CER'1'IFIED MAIL, RETURN RECEIPT REOUESTED To: CITY OF PALM DESERT CI'I'Y C1.ERK 73510 FRED WARING DR ,�, � PALM DESERT,CA 92260 0 -v:� -� S�-c � r CERTIFIED MAIL� 91 7108 2133 3933 3577 4832 � T�'+' � ''r Y": m7�v�' RE: Damage to Verizon Property � ��`� Verizon Claim No.: CAPR070757 � �cri� Date of Damage/Discovery: 3/13/2007 = --�o p Location of damage: HOVELY LANE WEST PALM DESERT CA �'=� c�� Amount of Damage: UNDETERMINED w T'c� rn Dear Sir/Madam: Please be advised that Verizon Facilities sustained damage as a result of the negligent acts or omissions by employees or agents of CITY OF PALM DESERT. Investigation has revealed that on or about 3/13/2007 employees or agents of CITY OF PAI.M DESERT, AN EQUIPMENT OPERATOR FOR ARB INC SEVERED A 25 PAIR BURIEU CABLE WHILE PREPAIRING TO INSTALL A SEWER LINE in area of HOVELY LANE WEST PALM DESERT CA. This letter is the written presentment of Verizon's claim pursuant to California Government Code 910-911. REQUEST FOR GOVERNMENTAL NOTICE FORM lf your Governmental Entiry requires the completion of its own form to complete proper notice, please forward a copy to the address listed above. Every good faith effort has been made to identify the proper ofFice and address to perfect our notice. Please forward to your attorney, if misdirected, to contact us. Matters herein stated are alleged on information and belief this pleader helieves to be true. If there is insurance to cover this matter, kindly advise as to the name of ihe insurance company, its address and the claim number assigned. If you have any questions,or need additional information,please contact me at 1-800-321-4158 ext 8273. Sincerely, / r��- ...�z;E��R-, Ashley Worsham _ ��-��,°TAR��s� y�.,�� :A 0500�650 ��. � CMR Claims DEPT NOTAR _ `'��C.7 ;,,�.ExP_�„uo9:a= .-��. :=�: ;9�:..A��4`c P o.. Commission Expires_ � ��' �� • • �K��iVED C�p ALM DESER OFC A E 2U01 APR 25 AM I 1= 33 Apri120, 2007 TO: The City of Palm Deseri ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim : Verizon vs. The City of Palm Desert Claimant . Verizon D/Event . 3/13/2007 Rec'd Y/Office : 4/16/2007 Our File . S-1450460-DBQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, WAR.REN & COMPAN Rich D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. . CLAIMS MANAGEMENT CLAIMS ADJUSTERS � . � �� 770 Placentia Avenuc,Placcntia,CA 92870.G832 COPY TO• � , � f Mail:P.O.Boa 251R0 •Santa Ana,Ca 92799-5180 Phone:(714)572-5200 •(S00)572-G900•Fa�;�(714)9G1-A131 �ATE (� ��S" - � � ` • � �� . � � � � � � � I 73-510 �RED WARING DRIVE PALM DESERT, CALIFORNIA 92260-257$ ' TEL: 76o 346-06�� r•nx: 760 340-0574 infoC>palm-deserc.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGEI�, CITY AT�ORf�t�X, - ACM FOR DEVELOPMENT SERVICES, DIRECTOR OF PUBLIC WORKS, RlSK MANAGER FROM: CITY CLERK DATE: APRIL 16, 2007 SUBJECT: CLAIM NO. 581 - CLAIM AGAINST THE CITY BY VERIZON IN AN UNSPECIFIED AMOUNT The attached Claim No. 581 is being transmitted to you for the following: ❑ Information only. or � �' Review atid recommendatio�to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by May 16, 2007, for timely response to the Claimant. � Note: If there is a current project or contract that may be referenced in this matter, please let me know or provide me with the appropriate materials. �/��/o� �� ° � �� (� RACHELLE D. KLASSEN, CMC CITY CLERK Attachment (as noted) ��:n�mesnncuonni • • Page 1 of 1 Klassen, Rachelle From: Greenwood, Mark Sent: Friday, April 27, 2007 10:39 AM To: Klassen, Rachelle Cc: Orton, Jodi Subject: Claim No. 581 Rachelle, It is recommended that claim No. 581 be rejected as City crews did not perform any underground work in this area. However, it is possible that we may have issued encroachment permits to other agencies or contractors. Our Office Assistant, Jodi Orton, will forward to you any encroachment permits that were valid on March 13, 2007 on Hovley Lane West. Mark Greenwood, P.E. Director of Public Works City of Palm Desert 4/27/2007 Message • � Page 1 of 1 Klassen, Rachelle _ From: Rosenblum, Gary Sent: Thursday, April 26, 2007 9:18 AM To: Klassen, Rachelle; Greenwood, Mark Subject: new verizon claim The Verizon claim#581 involving a severed pair near Hovely Lane resulting from sewer line installation would seem to be CVWD's sewer installation project. This can probably be confirmed by Public Worics, and the claim tendered to CVWD. C7ar� �' se��um Risk Manager City of Palm Desert 4/26/2007 � � PECEIYED C!T r' CLERK'S OFFICE PAIN DESERT, CA 200i MAY —4 bM {0� 35 GOVERNM AL ENTITY PRELIMINARY REPORT TO:Carl Warren Company DATE: 4/30/2007 Attn: D ight Kunz CLAIMANT: VERIZON , FII,E NO: 1450460 I�BQ . . D/EVENT: 03/13/07 FILING DATE: 04/16/07 SIX MOS.: Yes PRINCIPAL/CITY: CJPIA/City of Palm Desert. RECOMMENDED ACTION ON CLAIM: Claim Rejection. FACTS: The claim is presented for damage to the claimant's underground cable/conduit that was damaged during construction by Coachella Valley Water District. POSSIBLE CO-DEFENDANTS: Coachella Valley Water District. EVALUATION: We will refer the claimant to the CVWD. RESERVES TYPE OF CLAIM AMOUNT 1. VERIZON LPD $1500.00 COURSE OF ACTION: Diary for a copy of the rejection to the cIaimant, from the City. Our further report will follow shortly. Very truly yours, CARL ARREN & COMPANY / Debo( een cc: ity of Palm Desert, Attn. Rachelle D. Klassen CARL WARREN & CO. CO YTO.�L� ��1�-� CLAIMS MANAGEMENT•CLAIMS ADJUSTERS ,i5'lL �Jte,r . 750 The Ciry Drive•Ste 400•Orange,CA 92868 DATE v '� "y� v� Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 Phone:(714)740-7999•(800)572-6900• Fax:(714)740-9412 • • RECEIYED ��pALM DESER�fCAE Apri130, 2007 �� M�Y '4 Ar{�' 35 ;' i� Verizon CMR Cl 'ims P.O. BOX 6077 Oklahoma, O 73146-0770 RE: Principal : CJPIA Member City : City of Palm Desert Date of Incident : 03/13/07 Claimant : Verizon Our File . 1450460 DBQ As claim administrators for the self-insured City of Palm Desert, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision on your claim. After evaluating the facts, we have reached the conclusion that our principal is not responsible for this occurrence. We are sorry we are unable to recommend settlement of your claim to our principal. Our investigation reveals the area was under the control of the Coachella Valley Water District. You may contact them direct with your claim @ P.O. BOX 1058, Coachella, CA 92236. Phone: 760-398-2651. We have provided them with a copy of your claim and have requested they contact you with their findings and determination. This letter does not affect the notice that will be sent to you by the City of Palm Desert regarding disposition of your claim. Very truly yours, CARL WARREN & CO. Deborah Been � cc: m Desert, Rachelle Klassen � � � ��" CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUS7ERS � 770 Placentia Avenue, Placentia,CA 92870-6832 � ��y��r�.0� Mail:P.O. Box 25180•Santa Ana,Ca 92799-5180 GOPY�0 Phone:(714)572-5200 •(S00)572-6900•Fax:(714)961-8131 DATE ' y"°7 ,.�"�"�.'.�`