HomeMy WebLinkAboutR-2017-086 Settlement Agreement Addendum; Montes, et al. v. City of Yakima, et al.A RESOLUTION
RESOLUTION NO. R-2017-086
authorizing the Addendum to Settlement Agreement regarding the use of
the $100,000 donation to the City of Yakima pursuant to the settlement
agreement in Montes, et al. v. City of Yakima, et al
WHEREAS, the City and the plaintiffs entered into a settlement agreement which was
approved by the City Council pursuant to Resolution No R-2016-051, and
WHEREAS, as part of the settlement agreement, plaintiffs agreed "to donate $100,000 of
their fee award back to the City of Yakima to promote equity and equal opportunity for previously
underserved Yakima residents, as mutually determined by the parties", and to donate the
$100,000 within ten days after the parties reach agreement on the use of such funds, and
WHEREAS, the parties have agreed to the use of the funds as provided in the attached
Addendum to the Settlement Agreement; and
WHEREAS, the Addendum to the Settlement Agreement provides that $75,000 of the
funds will be used by the City for the mentorship-internship program of the City of Yakima for
Yakima School District students, and $25,000 of the funds will be used by the City to pay for the
services performed by Washington State University pursuant to the "Sponsored Project
Agreement" between the City of Yakima and Washington State University; and
WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to
approve the Addendum to the Settlement Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council approves the attached "Addendum to Settlement Agreement" regarding
the use of the $100,000 funds in the case of Montes and Arteaga v City of Yakima, et al and
authorizes and directs the City Manager of the City of Yakima to sign the Addendum to the
Settlement Agreement.
ADOPTED BY THE CITY COUNCIL this 11th day of July, 2017
ATTEST
Sonya CIa. r Tee, City Clerk
Addendum to Settlement Agreement
This Addendum to the Settlement Agreement between the City of Yakima,
which Settlement Agreement was approved by the City Council by the adoption of
City Resolution No. R-2016-051 on April 5, 2016 (hereafter "Settlement Agreement",
with Rogelio Montes and Mateo Arteaga (hereafter "Plaintiffs") is made and entered
into by and between the City of Yakima (hereafter the "City") and the Plaintiffs.
Whereas, the Settlement Agreement was in the case of Montes and Arteaga v.
City of Yakima, et al., United States District Court for the Eastern District of
Washington Case No. CV -12 -3108 -TOR; and
Whereas, the Settlement Agreement in Section 3 provided that "Plaintiffs also
agree to donate $100,000 of their fee award back to the City of Yakima to promote
equity and equal opportunity for previously underserved Yakima residents, as
mutually determined by the parties. Plaintiffs agree to donate the $100,000 within
ten (10) days after the parties reach agreement on the use of the funds;" and
Whereas, the parties have reached an agreement on the use of the $100,000
(hereafter the "funds");
Now, therefore, the City and the Plaintiffs agree to the following use of the
$100,000, under the conditions set forth:
1. $75,000 of the funds will be used by the City of Yakima for the
mentorship — internship program of the City of Yakima for Yakima
School District high school students. The funds will be used to pay
the wages and benefits for the interns during the time when they are
employed by the City. It is anticipated that the mentorship —
internship program will continue for a minimum of three years or
until the $75,000 has been fully expended.
2. $25,000 of the funds will be used by.the City of Yakima to pay for the
services performed by Washington State University on the project
described in the "Sponsored Project Agreement" between the City of
Yakima and Washington State University (City Contract No. 2017-
088).
3. The City will provide an annual report on the funds to plaintiffs'
attorneys on or before October 1St of each year, beginning on or before
October 1, 2017 and continuing annually until a final report is
provided when the funds have been fully expended. The annual
Addendum to Settlement Agreement - 1
report is to include a narrative about the internship-mentorship
program and the services performed by Washington State University
on the project described in the "Sponsored Project Agreement"
between the City of Yakima and Washington State University for
which the funds were used, a summary of the use of the funds during
the prior twelve months, and the number of high school students who
participated in the internship program during the prior twelve
months. The City will account for the funds using specific accounting
codes that keep the financial activity associated with the funds
separate from other City expenditures.
4. No amendment or modification of this Addendum regarding the use
of the funds shall be effective unless in writing and executed by the
parties.
5. This Addendum may be signed in counterparts by the parties. If the
Addendum is signed by the parties in counterparts, it will be
considered a fully executed Addendum. This Addendum is effective
on the date it is executed by all parties.
CITY OF YAKIMA PLAINTIFFS
By:
Cliff M.W'e, City Manager
Date:
ATTEST:
BY
&I,Lfin
idtity Clerk
Rogelio Montes, Plaintiff
Date:
144
2
teo Arteaga, Plaintiff
' Y
•
City Contract No. 2016-074 Akji,,au,Q.,
Resolution No. R -2017 -OS
Addendum to Settlement Agreement - 2
program and the services performed by Washington State
University on the project described in the "Sponsored Project
Agreement" between the City of Yakima and Washington State
University for which the funds were used, a summary of the use of
the funds during the prior twelve months, and the number of high
school students who participated in the internship program during
the prior twelve months. The City will account for the funds using
specific accounting codes that keep the financial activity associated
\Nath the funds separate from other City expenditures.
4. No amendment or modification of this Addendum regarding the use
of the funds shall be effective unless in writing and executed by the
parties.
5. This Addendum may be signed in counterparts by the parties. If
the Addendum is signed by the parties in counterparts, it will be
considered a fully executed Addendum. This Addendum is effective
on the date it is executed by all parties.
CITY OF YAKIMA
By:
Cliff Moot, City Manager
Date.-1(2C(�
ATTEST:
City Contract No. 2016-074 AAAencf ►�
Resolution No. R-2017- o iii(o
Addendum to Settlement Agreement - 2
PLAINTIFFS
Rogelio
Date: cA ac, 1
on es, Plaintiff
`Mate&
v. Date:;
teaga, Plaintiff
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 14.
For Meeting of: July 11, 2017
Resolution authorizing the Addendum to Settlement Agreement
regarding the use of the $100,000 donation to the City of Yakima
pursuant to the settlement agreement in Montes, et al. v. City of
Yakima, et al.
Jeff Cutter, City Attorney
Helen A. Harvey, Senior Assistant City Attorney
SUMMARY EXPLANATION:
In the case of Montes and Arteaga v. City of Yakima, et al., the City Council approved a
settlement agreement with the plaintiffs by Resolution No. R-2016-051. The settlement
agreement provided that plaintiffs "agree to donate $100,000 of their fee award back to the City
of Yakima to promote equity and equal opportunity for previously underserved Yakima residents,
as mutually determined by the parties. Plaintiffs agree to donate the $100,000 within ten days
after the parties reach agreement on the use of such funds."
Subject to City Council approval, the parties have agreed to the use of the funds as provided in
the attached Addendum to the Settlement Agreement. The Addendum to the Settlement
Agreement provides that $75,000 of the funds will be used by the City for the mentorship-
internship program of the City of Yakima for Yakima School District students, and $25,000 of the
funds will be used by the City to pay for the services performed by Washington State University
pursuant to the "Sponsored Project Agreement" between the City of Yakima and Washington
State University.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
City Manager
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D resolution 7/5/2017
D addendum 6/292017
D Settlement Agreement 6/27/2017
2
Type
Co\kr Memo
Cover Memo
Backup Material