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Home My WebLink AboutClaim 592 VerizonCITY CLERK 'pproved: ‘\ krt.. CARLOS LIDRTEGA CITY MANAGER rd k Attachments (as noted) H:IWPdataIWPDOCSICLAIMS1592-reject staff rept. wpd AC. CITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#5921 BY VERIZON IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: September 13, 2007 CONTENTS: I. Staff Report II. Claim No. 592 III. Responses from Claims Adjusters 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: 'LUZ! RA HELLE D. KLASSEN, CMC � /SHEILAR.' LLIGAN, . CITY MANAGER FOR COMMUNITY SEfR�)//ICES/P.I.O. CITY COUNCIL ACTION: APPROVED ;� DENIED RECEIVED OTHER 1 HSTI G DATE c1-13-L1 AYES: 1004Sort, u5D( NOES : N Dor ABSENT: Nk tt_ ABSTAIN: VERIFIED BY: friginai on File withJCity Clerk's Office « / CITY OE PALM DESERI q� CMR CLAIMS DEPARTMENT ASSIGNED.CLAIM.N0. �-"—" P.O. BOX 60770 Ver/�h OKLAHOMA CITY, OK 73146-0770 1-866-887-4066 ****NOTICE OF CLAIM***** Datc: 7�9/2007 CERTIFIED MAII., RETURN RECEIPT REOUESTED ry c; "I'o: CITY OF PALM DESERT � �� v_� CITY CL,[-:RK �— r' • C -r c�:� 73510 FRED WARING DR r' �"r r�•: PALM DESFRT,CA 92260 '— Q f"`�' �,p N�i�; � -�: CERTIFIED MAIL# 91 7108 2133 3933 3793 1 l41 = �`^n� . Qo � RE: Damage to Verizon Property `� n� Verizon Claim No.: CAPR071484 t� �n rn Date of Damage/Discovery: 6/22/2007 Location of damage: E/S VISTA DUNES & NORTH OF SUNSET VIEW PALM DESERT CA Amount of Damage: CJNDETERMINED 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 6/22/2007 employees or agents of CI"TY OF PALM D�SERT, DAYELAND CONSTRUCTION DAMAGED A VERIZON BURIED CABLE DURING EXCAVATION TO INSTALL A SEWER LINE in area of E/S VISZ'A DUN�:S & NORTH OF SUNSET VIEW PALM DESERT CA. 'Chis letter is the written presentment of Verizon's claim pursuant to California Government Code 910-911. REQUEST FOR GOVERNMENTAL NOTICE FORM If your Governmental Entity reyuires 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 believes to be true. If there is insurance to cover this matter, kindly advise as to the name of the 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. ��ui�� \\\`�.G��E GIVF�S.,�. Sincerely, �� ,�pTARy'• �. ',,, �� #�p11� �_ � �do``+^'�� ^ p,11126�10 = Q c � 1 � ` Ashley Worsham 1 �8��,:��0�� CMR Claims DEPT 1vOTARY l. � ' '�•••••••••••" � P�� i�� O F ��`�� IIIIi11tt�� Commission Expires _ :1!�' ri.i 7 �� ;''f Y CL:.R�'S OFFIC� r':��1 DESER T, C A 2007 AUG - I PM 3� 07 July 28, 2007 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim : Verizon vs. The City of Palm Desert Claimant : Verizon D/Event : 6/22/2007 Rec'd Y/Office : 7/19/2007 Our File : S-1456550-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, CARL WARREN & COMPANY Rich d D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WA1�:REN & CO. _ CLAIMS MANAGEMENT CLAIMS ADJUSTERS COPY�TO � ' �r W �� 770 Placrnua Avenuc,Placentia,CA 92870-G832 f ��1 �1 �— l�1ai1:P.O.Bos 25180 Santa Ana,Ca 92799-5180 Phune:(714)572-5200 •(800)572-G�HlO•f3s:(714)9G1-8131 nATE �_ I_ O� Page 1 of 1 Klassen, Racheile From: Klassen, Rachelle Sent: Monday, July 30, 2007 2:06 PM To: Richard D. Marque (E-mail) Subject: FW: Claim No. 592 � RE: Verizon v. City of Palm Desert (Vista Dunes Location) Here is the response from Director of Public Works Mark Greenwood. And according to my references, it appears "Vista Dunes Road" is located in the City of Rancho Mirage. Rachelle -----Original Message----- From: Greenwood, Mark Sent: Monday, July 30, 2007 1:52 PM To: Klassen, Rachelle Subject: Claim No. 592 Rachelle: It is recommended that claim No. 592 be rejected as the incident was not located in Palm Desert. We do not have a Vista Dunes or a Sunset View street within the city limits. Mark Greenwood, P.E. Director of Public Works City of Palm Desert 7/30/2007 � � � � �il � � 14 � � � � � � � � � 73-5io FR�I� WARiNG DRIVE I PALM DGSERT, CALIFORNIA 92260-25'7S TEL: 76o 346-06�► I rnx: 76o 340-0574 infoC�palm-dcsert.org r TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, ACM FOR DEVELOPMENT SERVICES, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: JULY 19, 2007 SUBJECT: CLAIM NO. 592 - CLAIM AGAINST THE CITY BY VERIZON IN AN UNSPECIFIED AMOUNT The attached Claim No. 592 is being transmitted to you for the following: ❑ Information only. or � Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by August 20, 2007, for timely response to the Claimant. �,,{�"G�/I ND (.r�w ��-�-� — 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. /�,,D �( � RACHELLE D. KLASSEN, CMC CITY CLERK Attachment (as noted) 7S3 rmiro a nacuo vvE� �•i� `��.L�•1��.;+�•,•L�;r f i�� F'::(_f1 D��LR i CP. ?��1 �Ur -6 P� 3: 26 GOVERNMENTAL ENTITY PRELIMINARY REPORT 'I�O: Carl Warr� & Company DATE: 8/1/2007 Attn: wight Kunz CLAIMANT: Verizon � FILE NO: 14565�0 DB2 D/EVF,NT: 06/22/07 F[LING UATE: 07/19/07 SIX MOS.: Yes YRINCIPAL/CITY: C,iP1NCitv of Palm llescrt. RECOMMENllED ACTION ON CLAIM: Claim Rejection. FACTS: The claim is presented for dama};e to the claimant's underground facility that occut-red as a result of a city contractor. "I'he city ha5 co►�Iirmed the location is not within the city jurisdiction. POSSIf3LE CO-llEFF.,NDANTS: City of Ranchu Mira�e. EVALUATION: We have referred the claimant to the city of Rancho Mirage, advising the city does not have jurisdiction of the area described on the claim form. RESERV�:S TYPE OF CLAIM AMOUNT 1. Veri•r.on L.PD $1500.00 COURSE OF ACTION: Diary for a cc�py of the rejection to the claimant, from the city. Our furthcr report will follow shortly. V�ry truly yo�u�s, _ C'ARI. WARRI;N �Yc COMPANY Ue oi �en , ��ity oi�I'alm Uesert, Attn. Rachelle D. Klassen CARL WARREN & CO. coPvTo �� EYw%n CLAIMS MANAGEMENT•CLAIMS ADJUSTERS £ Q�"n b ��!'� _ 770 Placentia Avenue, Placentia. CA 92870-6832 DATE `�� `e'�� — �' MaiC P O Box 25180•Santa Ana. Ca 92799-5180 � Phone: (714)572-5200 .(800)572-6900• f'a�:(714)961-8131 . �. .� I1 G1� 1 :l.�.r;r� '� ��`��C� �r.LF� D��st��;?,, C.�. August 1, 2007 20�] AUG -& P�� 3� 26 Verizon CMR Clai s P.O. BOX 60770 i OkI1I70111c1, OK 7�146-0770 ✓ RE: Principal : CJP1A Member City : City of Palm Desert Date of Incidet�t : 06/22/07 Claimant : Verizon Your Claim : CAPR071484 Our File : 1456550 DBQ As claim administrators for the self-insured City of Yalm Desert, we have made a careful examination of the circumstances surrounding the captioned occurrence and feel we have enough evidence to make a decision o�l 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 described on your notice of claim is actually within the city of Rancho Mirage. This is not within the jurisdiction of the city of Palm Desert. This letter does not affect the notice that will be sent to you by the City of Palm Desert regarding disposition of youi•claim. Very truly yours, CARL WARRCN & CO. / lleborah Been c: Palm Desert, Rachelle Klassen Q O CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 . ,r �w'I� Mail: P.O. Box 25180.Santa Ana,Ca 92799-5180 COPY TO �% Phone: (714) 572-5200 •(800)572-6900• Fa� (71�1)961-5131 f DATE g'�v-O� ��,,,:�.,,.,.�..,,,,,...,.