Loading...
HomeMy Public PortalAbout2010.015 (01-05-10)RESOLUTION NO. 2010.015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO APPROVE THE :PARAMETERS 1N REVIEWING AND HANDLING TREE- - ;RELATED CLAIMS fOR DAMAGES WHEREAS, the City has previously contracted with the California Western Arborists, Inc. (CWA) for tree trimming services; and WHEREAS, the City expects trees to have been adequately trimmed as defined in the scope of services of the prior tree trimming contract; and WHEREAS, completed claim for damages forms and a thorough review of the -trees in question indicate that trees were not adequately trimmed; and WHEREAS, the City's tree trimming contract requires CWA to indemnify, hold harmless .and tender to their firm any resulting claims for damages. NOW, THEREFORE, BE ITRESOLVED THE CITY COUNCIL OF THE CITY OF LYNWOOD ,DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE.AS FOLLOWS:-:~~= ~ _ . Section 1. The City Council hereby approves and establishes the following parameters for handling tree claims for damages. For those tree claims that fall 'within all of the following parameters, City staff is authorized to verify the amount of a claim and negotiate a settlement of such claim with the claimant or CWA. 1. Circumstances where City staff can confirm the alleged damage was a direct result of .poor maintenance of City trees 'by CWA or the trees are found to be diseased due to CWA negligence staff is authorized to negotiate and settle the claims, without returning to Council for such authority. 2. The damage was from a tree that was not adequately trimmed or maintained by CWA and, therefore, within the protections of the indemnification and/or insurance clause in the contract between the City and CWA. 3. The City has had notice of the poor maintenance and condition of ~the~tree at issue or the trees in the area where the tree at issue is located or the City has just -cause to believe the tree was improperly trimmed 'by CWA. 4. T:he claimant's requested damages are reasonably related to the damages verified 'by City staff. 5. The claim does not exceed $5;000 in total. Section 2. Those claims that meet the above .parameters will be reviewed and handled by staff for negotiated settlement of the reasonable amounts claimed and presented to CWA for payment Section 3. This Resolution shall .take effect immediately upon its adoption. PASSED, APPROVED, and ADOPTED this 5th day of January, 2010. ATTEST: G~~~-c~ Maria T. Santillan, Mayor ~ - Maria Quinonez, ity Clerk Roger L. Haley, ity Manager APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Alfredo J. o ez I of Human Resources STATE OF CALIFORNIA 4r f;" 4 :~; ;_.~ ~- >,: 4tip . 'SS. COUNTY OF LOS ANGELES ) I, the .undersigned, City Clerk of the City of Lynwood, do hereby certify -that the foregoing Resolution was .passed and ado~ted by the City Council of the City of Lynwood at;a regular meeting held on the 5t day of January, 2010.. AYES: COUNCIL MEMBERS FLORES, MORTON, CASTRO, AND SANTILLAN .NOES: NONE ABSENT: COUNCIL MEMBER RODRIGUEZ ABSTAIN: -.NONE _._-- Maria Quinonez, ity 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. 2010.015 on file in my office and that said Resolution was adopted on the date .and by the vote therein stated. Dated this Stn day of January, 2010. --.~. Maria Ouinonez, City Clerk F