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Home My WebLink AboutCounty of Mendocino 2021-06-30 - SettlementCOU No . 2021-195 SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made and entered into this 301h day of June 2021 , by and between COUNTY OF MENDOCINO ("County") and CITY OF UKIAH ("City"). County and City may be referred to in this Agreement individually as a "Party" and collectively as "Parties." RECITALS A. The County contends that for fiscal years 2015, 2016, 2017 and 2018, the City has not paid for animal shelter services provided to the City by the County at the Animal Shelter located at 298 Plant Road, Ukiah, California ("Ukiah Animal Shelter"), under an Agreement for Cost Sharing of Facility Construction and Financing Costs for the County Animal Shelter Facility in Ukiah ("Cost Sharing Agreement"), assigned Number 01-196 by the County. The County contends that the City is liable for the cost of these services pursuant to the Cost Sharing Agreement and under common law counts and other legal or equitable bases. B. The City has disputed this contention and the amount claimed by the County to be due from the City. C. While this dispute has been pending, the County deducted as an off-set of amounts claimed by the County for animal shelter services provided to the City, $18,198.75 from amounts that it owed the City for parking permits issued for parking lots A, B, C, and D, for the period or periods of November 2019 to January 2021. ("Overdue Parking Permit Fees"). D. The Parties desire to enter into this Settlement Agreement in full settlement and discharge of all claims which have, or might be made, by reason of the allegations described above. AGREEMENT T he Parties hereby agree as follows: 1.0 Payment from the City. On or before June 30, 2021 , the City shall pay County a total of One Hundred Fifty Thousand Nine Hundred Thirty Dollars and Fifty Cents ($150 ,930.50), consisting of Ninety Thousand Dollars ($90,000) for the fiscal Page 1 of5 years 2015-16 to 2018-19; Forty-Three Thousand Five Hundred Twenty-Two Dollars and Twenty-Eight Cents ($43,522.28) for Fiscal Year 2019-20 and Seventeen Thousand Four Hundred Eight Dollars and Twenty-Two Cents ($17,408.22) for the first and second quarters of Fiscal Year 2020-2021. Payment of this amount will constitute a full and final settlement of all legal or equitable claims the County has or could make against the City or its officers, employees, agents and elected or appointed officials for compensation, damages or other payment from the City related to the construction, financing and operation of the County Animal Shelter and the provision of animal shelter services to the City for any period oftime prior to the second quarter of fiscal year 2020- 2021 (ending on December 31, 2020). 2.0 Amended and Restated Agreement On or before April 21, 2021, the Parties shall fully authorize and execute the Amended and Restated Agreement for Sharing Financing Cost of Animal Shelter Construction and For Sharing Cost of Animal Shelter Services ("Amended Agreement"), an unexecuted true and correct copy of which is attached hereto as Exhibit A. On or before August 31, 2021, the City shall make payment to the County as provided in Section 5.2 of the Amended Agreement. 3.0 County Payments On or before June 30, 2021, County shall pay City the Overdue Parking Permit Fees. 4.0 Release and Discharge 4.1 Upon full execution of this Agreement and the Amended Agreement the Parties expressly release, waive, and relinquish and forever discharge each other from all claims, actions, liabilities, and causes of action, of every nature and kind whatsoever, whether known or unknown, suspected or unsuspected, asserted or unasserted, or hereafter discovered or ascertained, in law or equity, by reason of any matter, cause or thing whatsoever, it has, or may have, with respect to the claims set forth in the Recitals or which may hereafter accrue or otherwise be acquired by it, on account of, or in any way grow out of the allegations described in the Recitals. 4.2 This Release on the part of Parties shall be a fully binding and complete settlement between the Parties, their assigns, and successors. 5.0 No Admissions Page 2of5 5.1 Parties acknowledge and agree that the Release set forth above is a general release. It is understood and agreed by the Parties that this settlement is a compromise of disputed claims, and the settlement is not to be construed as an admission of liability on the part of any party. 6.0 Attorney's Fees and Costs Each Party hereto shall bear all attorneys ' fees and costs arising from the actions of its own counsel, if any, in connection with the claims described in the Recitals, this Settlement Agreement, the matters and docwnents referred to herein, and all related matters. This includes any statutory attorney fees authorized by any state or federal law. 7 .0 Representation of Comprehension of Document In entering into this Settlement Agreement, the Parties represent that they relied upon the advice of attorneys, who are the attorneys of the Parties' own choice, concerning the legal consequences of this Settlement Agreement; that the terms of this Settlement Agreement have been completely read and explained to the Parties ; and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by the Parties. 8 .0 Governing Law This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9 .0 Section 1542 of t he Civil Code of the State of California The undersigned Plaintiff does hereby waive any and all rights based upon the provisio ns of Section 1542 of the Civil Code of the State of California, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. For your protection, California law requires the fo llowing to appear on this form: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULANT CLAIM FOR THE PAYMENT OF A LOSS IS Page3of5 GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. (Cal. Ins. Code,§ 1871.2) 10.0 Notice Whenever notice , payment or other communication is required or permitted under this Agreement, it shall be deemed to have been given when personally delivered , telefaxed or emailed (if receipt acknowledged) or deposited into the United States mail with proper first-class postage affixed thereto and addressed as follows: CITY: COUNTY Clo City Manager 's Office City of Ukiah Clerk of Board Office County of Mendocino Ukiah Civic Center 300 Seminary A venue Ukiah, Ca. 95482 FAX: 463-6204 County Administration Center 501 Low Gap Road Ukiah , Ca . 95482 FAX: 463-4245 11.0 Entire Agreement and Successors-In-Interest This Settlement Agreement contains the entire agreement between Parties with regard to the matters set forth here in and shall be binding upon and inure to the benefit of the executors , administrators, personal representatives, heirs, successors and assigns of each. IN WITNESS WHEREOF , the Parties, by their duly authorized representatives , Dat ed: 2021 Dated : ... June. ± , 2021 City of Ukiah 1UfW< V Orttz«!: By : juan V Orozco (May 11, 202117:46 PDT) IvtayorJuanOrozco COUNTY OF MENDOCINO BOARD OF SUPERVISORS By : Q@-V Dan GJ:C~ Page 4 of5 Dated: Ju t'le. ~ , 2021 COUNTY OF MENDOCINO RISK MANAGEMENT .. /{i .1 ....... "( ;/ ". ·" ,<))'•;' 1~.:·_[ By: 1 __ ...-;.· • .. l i i_.. _.' .... + / .,. t .·· - ~ J_ A~lo · ,Ri~kManager APPROVED AS TO FORM AND CONTENT: Dated: May 19, 2021 J1i1M4- Dated: 2021 By: C iw~-f;ty,_ __ £-L~/l- christian Curtis, County Counsel Page 5of5