2006/09/26 City Council Resolution (10)RESOLUTION NO. 2006-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT
BETWEEN SONOMA COUNTY LAW ENFORCEMENT CONSORTIUM (SCLEC)
AND CITY OF HEALDSBURG
WHEREAS, the City of Rohnert Park ( "City ") is a member of the Sonoma County Law
Enforcement Consortium (the "Consortium "); and
WHEREAS, the Consortium applied for and received a grant for a countywide computer -
aided dispatch system from the Department of Justice; and
WHEREAS, the City ofHealdsburg's withdrawal from the Consortium caused the other
member entities to incur increased costs; and
WHEREAS, the County of Sonoma on behalf of the Consortium sued the City of
Healdsburg for these damages; and
WHEREAS, the City of Healdsburg and representatives of the Consortium have
negotiated a settlement of the County of Sonoma's lawsuit; and
WHEREAS, the County of Sonoma has requested that each member entity approve the
proposed settlement agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that that certain Settlement Agreement between Sonoma County Law Enforcement
Consortium (SCLEC) and the City of Healdsburg be and the same is hereby authorized and
approved in settlement of the litigation for Case No. SCV 237245, Reference No. 1100048269
entitled Stipulation for Settlement C.C.P.§ 664.6.
DULY AND REGULARLY ADOPTED this 26h day of September, 2006.
CITY OF R ARK
Mavor Tim Smith
BREEZE: AYE FLORES: AYF MACKENZIE: AYE VIDAK- MARTINEZ: ABSENT SMITH: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) x!-$:05 -f
Sonoma County Law Enforcement Consortium, et al.
Plaintiff(s), }
vs. )
}
City of Healdsburg, et al. )
Defendant(s) )
CASE NO. SCV 237245
P,EE. NO. 1100048269
STIPULATION FOR SETTLEMENT
C -CY. § 664.6
This case having come before Kenneth D. Gack Ssq. for mediation at the offices of JAMS, and
the parties having conferred, it is hereby stipulated that this matter is deemed settled pursuant to the
following terms and conditions:
1.
shall pa typlain ' s)
the total sum of s ey . C Tin W settlement
and compromise of this action and in release and discharge of any and all claims and causes of action
made in this action, and in release and discharge of any and all claims and causes of action arising out of
the events or incidents referred to in the pleadings in this action.
2. Plaintiff(s) agree io accept said sum in full settlement and compromise of the action and agree
that such payment shall fully and forever discharge and release all claims and causes of action, whether
now known or now unknown, which plaintiff(s) has against any and all of the defendants in that action
arising out of the incident.
This settlement includes an express waiver of Civil Code § 1542, which states:
"A general release does not extend to claims which the creditor does
not know or suspect to .exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
3. Plaintiff; s) further agree to sign, acknowledge and deliver to defendants a standard form of a
Release of all such claims and causes of action and to sign and deliver to defendants a standard form of
Dismissal with Prejudice of the action,
4. Plaintiff(s) shall protect and.indemnify the defendants in said action, (and his/her /their
liability insurance carrier(s)) against any and- all liens, subrogation claims and other rights that may be
asserted by any person against the amount paid in settlement of the action or against any recovery by the
plaintiff(s) in the action.
5. Counsel for each of the parties to this agreement represents that he/she has fully explained to
his/her client(s) the legal effect of this agreement and of the Release and Dismissal with Prejudice
provided for herein and that the settlement and compromise stated herein is final and conclusive
forthwith, and each attorney represents that his/her client(s) has freely consented to and authorized this .
agreement.
b. Payme Qf the stated settlement amount shall be made by as soon as reasonably possible,
7. Unless otherwise stated herein, each party will bear its own attorneys' fees and court costs.
S. Other terms and conditions:
cF ~I /<Y 1 Af& !WW -tiAJ T(7r,7 %WV IAT YJy
1 <.
9. Any provisions of Evidence Code §§ 1115 -1128 notwithstanding, this agreement may be
enforced by any party hereto by a motion under Code of Civil Procedure £664.6 or by any othe--rr-
procedure permitted bylaw in the Superior Court of ��� County` -ry x(11 � � �
10. The provisions of the confidentiality agreement signed by the parfiies relative to this
mediat n acre a. etd for purposes of enforcing this agreement as set forth above.
Date:
Count. Flores Son
County ounsel of Sonoma
Law Enforcement Consortium
County of Sonoi�ra—.—.—�
Op es ris
City of Healdsbtirk
APPROVED AS TO FORM:
By: . P. voc- .
Gatrielle P. Whelan f�
City Attorney for the dity of Rohnett Park