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:
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Maria T. Santillan, Mayor
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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
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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
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Maria Quinonez, ity Clerk
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STATE/OF CALIFORNIA
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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.
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Maria Ouinonez, City Clerk
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