Fremont City Council Meeting: 10/01/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5283) DOC ID: 5283
Updated: 9/27/2024 8:04 AM by Dina Lewis Page 1
FIELDTURF CLASS ACTION LITIGATION SETTLEMENT - Authorize the Submission of a Claim Form for $120,000 in Credit for FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation
Contact Persons:
Name: Tara Bhuthimethee Kim Beranek
Title: Parks Planning and Design Manager Community Services Director Div/Dept: Community Services Community Services
Phone: 510-494-4738 510-494-4330
E-Mail: [email protected] [email protected]
Executive Summary: Authorization is sought for the submission of a claim form for $120,000 in credit for the FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.
BACKGROUND: The City purchased and installed FieldTurf, a synthetic turf system, from FieldTurf Inc. at Irvington Community Park in 2007; Centerville Community Park in 2011; and Karl Nordvik Community Park in 2014. Although the products were advertised as durable, with an expected life of at least ten years, the turf showed signs of excessive wear after only three years. In 2017, the City joined a class action lawsuit as a named plaintiff and alleged FieldTurf knowingly misrepresented the durability of their products for years as they sold synthetic turf to the City of Fremont and other customers. The class action lawsuit has recently moved towards resolution in a settlement.
DISCUSSION/ANALYSIS: The parties recently reached a settlement that was approved by the U.S. District Court, District of New Jersey, which offered two tiers for claims. Tier 1, which requires the claimant to have made a complaint regarding the wear on the turf to FieldTurf, offers a settlement of $7,500 cash payment or $50,000 credit with FieldTurf. Tier 2, which addresses fields that have not been fully replaced and the claimant did not make a complaint about wear to the turf to FieldTurf, offers a settlement of $2,000 cash payment or $20,000 credit with FieldTurf.
The City has two Tier 1 claims and one Tier 2 claim. Staff recommends taking the credit for all claims, for a total of $120,000 credit with FieldTurf, to be spent on future synthetic turf replacements or maintenance of the turf fields at Irvington, Centerville, Karl Nordvik, or Central Park Fields 9 & 10.
FISCAL IMPACT: A total credit of $120,000 would offset future costs of purchasing replacement or maintenance of synthetic turf carpet that would otherwise be paid for by park facilities funds or the general fund depending on the item or service contracted.
ENVIRONMENTAL REVIEW: The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and pursuant to CEQA Guidelines section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no Council Staff Report (ID # 5283) Meeting of October 1, 2024 Updated: 9/27/2024 8:04 AM by Dina Lewis Page 2
possibility that the proposed action may have a significant effect on the environment, the activity is not subject to CEQA.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or her designee to submit a claim form for $120,000 in credit for settlement of the FieldTurf Artificial Turf Marketing and Sales Practices Class Action Litigation.