PRESENTER: Presenter
Valeria M. Acevedo, City Attorney
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SUBJECT: Title
Approval of a release and settlement agreement with Yosso Group, Inc., dba Spec Play related to playground equipment at Fischer Park, and authorizing the City Manager to execute the agreement.
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DEPARTMENT: City Attorney’s Office
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COUNCIL DISTRICTS IMPACTED: City wide
BACKGROUND INFORMATION:
The City received a grant from Niagara Water for the construction of a nature playground at Fischer Park. That grant was dedicated for this project. Due to certain safety elements of the installed equipment, city staff have been unable to open this playground. The parties have worked through these concerns and certain equipment will be re-installed accordingly. The City has only made a partial payment but with the execution of the agreement along with the performance of the work set forth in the agreement and its acceptance, the City will release final payment to Spec Play. The parties agree not to pursue litigation.
ISSUE:
A release and settlement agreement has been reached by the party representatives, pending approval of the City Council, as set forth in the agreement.
FISCAL IMPACT:
The City will use the dedicated grant funds to pay $58,005.70 to Yosso Group, Inc. dba Spec Play for the work performed as set forth in the agreement as full and final payment.
Recommendation
RECOMMENDATION:
Staff recommends approval.