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Ordinance#240716Passed
In plain English

The ordinance authorizes the City and County of San Francisco to settle a lawsuit with RES System 3, LLC for $2.6 million related to a breach of contract concerning the Warnerville electrical substation. The settlement includes a mutual release of claims, with some exceptions for latent defects and warranty issues.

Ordinance authorizing settlement of the lawsuit filed by RES System 3, LLC against the City and County of San Francisco for $2,600,000; the lawsuit was filed on September 26, 2022, in San Francisco Superior Court, case number CGC-22-601949, and later transferred to Alameda County Superior Court, case number 23-CV-037877; entitled RES System 3, LLC v. City and County of San Francisco Public Utilities Commission; the lawsuit involves alleged breach of contract and related cost impacts arising from the design and construction of the Warnerville electrical substation in Oakdale, California; other material terms of the settlement are a mutual release of claims between the parties with limited exceptions for latent defects and warranty items.

Introduced: Jul 2, 2024
Final action: Sep 13, 2024
Official record โ†—

How it got here

This legislation originated from a lawsuit filed by RES System 3, LLC against the City and County of San Francisco regarding a breach of contract related to the Warnerville electrical substation.

1
Lawsuit FiledSeptember 26, 2022
RES System 3, LLC

RES System 3, LLC filed a lawsuit against the City and County of San Francisco in San Francisco Superior Court, alleging breach of contract related to the Warnerville electrical substation.

Leg Final
2
Lawsuit Transferred2023-01-01
San Francisco Public Utilities Commission

The lawsuit was transferred from San Francisco Superior Court to Alameda County Superior Court.

Leg Final
3
Settlement RecommendationJuly 12, 2024
San Francisco Public Utilities Commission

The San Francisco Public Utilities Commission recommended settling the lawsuit for $2.6 million, including a mutual release of claims.

Board Pkt 073024
4
Committee RecommendationJuly 18, 2024
Government Audit and Oversight Committee

The Government Audit and Oversight Committee reviewed and recommended the settlement ordinance.

Comm Pkt 071824
5
First Reading PassedJuly 30, 2024
Board of Supervisors

The Board of Supervisors passed the ordinance on first reading, authorizing the settlement.

Leg Final
6
Final PassageSeptember 3, 2024
Board of Supervisors

The Board of Supervisors finally passed the ordinance, authorizing the City Attorney to settle the lawsuit.

Leg Final
7
Mayor's ApprovalSeptember 13, 2024
Mayor

The Mayor approved the ordinance, finalizing the settlement agreement.

Leg Final

Reconstructed from attached documents & the official record

Document trail
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How they voted

FINALLY PASSED
Board of Supervisors ยท Sep 3, 2024Pass
5-0
PASSED, ON FIRST READING
Board of Supervisors ยท Jul 30, 2024Pass
4-0 /1
RECOMMENDED..
Government Audit and Oversight Committee ยท Jul 18, 2024Pass
1-0

Legislative journey

Clerk of the BoardJun 21, 2024
ยทRECEIVED FROM DEPARTMENT
PresidentJul 2, 2024
โ†’RECEIVED AND ASSIGNED
Government Audit and Oversight CommitteeJul 18, 2024
โœ“RECOMMENDED..Pass
Board of SupervisorsJul 30, 2024 โ€“ Sep 3, 2024
โœ“PASSED, ON FIRST READINGPass
โœ“FINALLY PASSEDPass
MayorSep 13, 2024
โœ“APPROVED