HomeMy Public PortalAbout2008.068 (05-06-08)RESOLUTION NO. 2008.068
A RESOLUTION OF THE CITY OF LYNWOOD APPROVING THE
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE
CITY OF LYNWOOD AND UNIVERSAL FIELD SERVICES, INC.;
AUTHORIZING THE PAYMENT OF $195,000 IN FULL SETTLEMENT
OF ALL CLAIMS; AND DIRECTING THE CITY TREASURER AND
~ FINANCE DEPARTMENT TO PROVIDE PAYMENT TO CONFORM
WITH THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE
TERMS AND DEADLINE
WHEREAS, on or about June 1, 2004, Universal Field Services, Inc. and
the City entered into a certain Consulting Services Agreement ;and
WHEREAS, after the consultant services agreement was awarded,
Universal Field Services retained various contractors to perform work and/or
provide services on the Ham Park Replacement Project; and
WHEREAS, on or about September 17, 2007, Universal Field Services,
Inc. filed a complaint against the City in Los Angeles Superior Court, entitled
Universal Field Services, Inc. v. City of Lynwood, Case No. BC377709; and
WHEREAS, on January 14, 2008, the City and Universal Field Services,
Inc. with their respective counsel, attended voluntary mediation; and
WHEREAS, it is the intention of the City and Universal Field Services, Inc.
to settle and dispose, fully and completely, any and all claims, cross-claims,
demands, cross-demands and cause or causes of action related to the Ham Park
Replacement Project and the agreement that arose out of or are related to
Universal Field Services, Inc. v. City of Lynwood.
NOW, THEREFORE the Members of the Lynwood City Council does
hereby find, determine, order and resolve as follows:
Section 1: That the City Council approves the Settlement Agreement
and Mutual Release between Universal Field Services, Inc. and City of Lynwood.
Section 2: That the City Council authorizes the Mayor to execute the
Settlement Agreement and Mutual Release.
Section 3: That the City Council authorizes the transfer of $195,000
from the unappropriated general fund to the Ham Park Replacement Project
account.
Section 4: That the City Council directs the City Treasurer and Finance
Department to issue payment in the amount of $195,000 payable to Luce
Forward Hamilton & Scripps Client Trust Account, in trust for Universal Field
Services, Inc. to meet the Settlement Agreement and Mutual Release terms and
deadline.
~' Section 5: The City Clerk shall certify to the passage and adoption of
this resolution.
PASSED, APPROVED and ADOPTED this 6t" day of May 2008.
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MARIA T. SANTILLAN
MAYOR
ATTEST:
~ ~.
ARIA QUINONE
CITY CLERK
APPROVED AS TO FORM:
FRED ALANTE
CITY ATTORNEY
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
RO L. HALEY
CITY MANAGER
7JRRY I$F,~1PE
SSISTANT CITY MANAGER
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing Resolution was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the 6t" day of May, 2008.
AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON,
RODRIGUEZ, AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
~.
.~
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the
City Council of said City, do hereby certify that the above foregoing is a full, true
and correct copy of Resolution No. 2008.068 on file in my office and that said
Resolution was adopted on-the date and by the vote therein stated. Dated this
6t" day of May, 2008
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aria Quinonez, Ci y Clerk