The URL can be used to link to this page

Home My WebLink About08/16/2016 06K Settlement of Lawsuit Brought by Ryan Anderson pi p/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.K. For Meeting of: August 16, 2016 ITEM TITLE: Resolution authorizing consent to a settlement entered into by the City of Yakima, CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by Ryan Anderson SUBMITTED BY: Helen A. Harvey, Senior Assistant City Attorney SUMMARY EXPLANATION: This matter is on for consideration of a Resolution authorizing the City Manager to consent to a settlement entered into by the City of Yakima, Cities Insurance Association of Washington ( "CIAW ") and reinsurer Munich Reinsurance to resolve and settle the lawsuit filed by Ryan Anderson on November 4, 2015, in U.S. District Court for the Eastern District of Washington Case No. 15 -CV- 3191 -LRS entitled Ryan Anderson v. City of Yakima, and to settle all claims by the plaintiff. The claim against the City of Yakima was settled by the City of Yakima, CIAW and Munich Reinsurance through mediation with mediator Thomas W. McLane of Randall Danskin in Spokane, subject to the presentation of the settlement before the Yakima City Council. A copy of the Release of All Claims is attached. The amount of the settlement is $225,000. Of this amount, approximately $31,188.30 is to be paid by the City of Yakima by reimbursement to CIAW, and the balance of $193,811.70 by CIAW and CIAW's insurance carrier Munich Reinsurance. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D IResolluitlion-R. Anderson & City Settlement Agreement 8/11/2016 IResollutlion Settlement Agreement re IRyan Anderson v City, Case 8/11/2016 IBackup IMaterial II VI CV-1 5-3191-1....IRS RESOLUTION NO. R -2016- A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by the City of Yakima, CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by Ryan Anderson. WHEREAS, on November 4, 2015, a lawsuit was filed in U.S. District Court for the Eastern District of Washington No. 15 -CV- 3191 -LRS entitled Ryan Anderson v. City of Yakima; and WHEREAS, through a mediation, a settlement was reached by the City of Yakima, Cities Insurance Association of Washington ( "CIAW') and Munich Reinsurance and the plaintiff to resolve and conclude all claims in the matter; and WHEREAS, in the settlement agreement, liability for all such claims is denied by the entities being released; and WHEREAS, part of the settlement is to be paid by the City of Yakima and the remainder by CIAW and reinsurer Munich Reinsurance; and WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City to authorize the City Manager to consent to a settlement entered into by the City of Yakima, CIAW and Munich Reinsurance and the plaintiff to resolve and conclude the lawsuit; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is authorized to consent to the settlement entered into by the City of Yakima, Cities Insurance Association of Washington and Munich Reinsurance to resolve and settle the lawsuit brought by Ryan Anderson, which settlement will be paid in part by the City of Yakima, and in part by CIAW and Munich Reinsurance. ADOPTED BY THE CITY COUNCIL this 16th day of August, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk SETTLEMENT AGREEMENT 1. Mediation On August 10, 2016, the parties in the matter of Ryan Anderson v. City of Yakima, United States District Court for the Eastern District of Washington Case No. 15- CV -3191- LRS, engaged in a mediation with Thomas W. McLane acting as mediator. 2. Release For the consideration recited below, Ryan Anderson and Megan Anderson Reilly, husband and wife and the marital community composed thereof, and their representa- tives, beneficiaries, heirs, children, grandchildren, executors, administrators, successors and assigns (hereinafter "Releasing Parties "), forever release the City of Yakima, Cities Insurance Association of Washington ( "CIAW "), Clear Risk Solutions, Munich Reinsur- ance, and all their respective past, present, and future agents, employees, officers, directors, elected and appointed officials, assigns, successors, attorneys, insurers, and related entities (hereinafter "Entities Released ") from all claims, rights and causes of action, which may ever be asserted by the Releasing Parties, whether presently known or unknown, presently asserted or unasserted, presently vested or contingent, which in any way arise out of or are related to any incidents, acts or omissions between the Releasing Parties and the City of Yakima and its past, present or future elected or appointed officials, officers, employees, and agents, including but not limited to: (1) all matters arising from or related to Ryan Anderson's employment with the City of Yakima, (2) all those matters which are or could have been asserted as a claim by Megan Anderson Reilly, (3) all those matters which are or could have been the subject of the Claim for Damages filed by Ryan Anderson on or about February 2, 2015, (4) all those matters which are or could have been the subject of United States District Court for the Eastern District of Washington Case No. 15 -CV- 3191 -LRS; and (5) any other incidents, acts or omissions involving the Releasing Parties and the Entities Released occurring through the date this Settlement Agreement is signed. This release includes all claims, rights and causes of action under federal, state, or local law, including, but not limited to, those based in statute, regulation, code, ordinance, tort, Settlement Agreement - 1 of 4 contract, equity or otherwise, and specifically including by way of illustration, but not limited to, all claims under the United States Constitution, the Washington State Consti- tution, Americans with Disabilities Act, Civil Rights Act of 1871 (42 USC § 1983), Title VII of the Civil Rights Act of 1964 (as amended by the Civil Rights Act of 1991), the Family Medical Leave Act, the Washington Family Leave Act (RCW Chapter 49.78), the Washington Law Against Discrimination (RCW Chapter 49.60), the Washington State Civil Service Law (RCW Chapter 41.06), and any Washington state wage and hour laws (including, but not limited to, RCW Chapters 49.48 and 49.52). This release covers any and all past, present and future injuries, damages or losses known or not known to the Releasing Parties, but which may later develop or be discovered in connection with the above referenced matters, including, but not limited to, all claims of the type set forth above, for violation of civil rights, for discrimination, for retaliation, for personal injuries, for loss of income, for attorney's fees, for costs, and for loss of consortium. 3. Consideration The consideration for the aforementioned release contained in paragraph 2 above and for this settlement includes the following: 1) Payment by the City of Yakima, CIAW and /or Munich Reinsurance to the Eymann Allison Hunter Jones, P.S. Trust Account in the sum of Two Hundred Twenty -Five Thousand Dollars ($225,000.00), payable for the benefit of the Releasing Parties, subject to the ap- proval by the Yakima City Council; 2) The City to provide a letter of reference by Scott Schafer for Mr. Anderson consistent with Mr. Anderson's prior evaluations; 3) Dismissal with prejudice and without costs or fees of United States District Court for the Eastern District of Washington Case No. 15- CV- 3191 -LRS; 4) Tax liability, if any, on the proceeds of the settlement sum shall be paid by the Releasing Parties, and the Releasing Parties agree to hold the City of Yakima harmless and to indemnify them from any tax consequences of this settlement. The duty to indemnify and hold harmless the City of Yakima includes, but is not limited to, any re- Settlement Agreement - 2 of 4 quired employer contribution or payment if any of the settlement proceeds are determined to be taxable income as to the Releasing Parties or their law firms. 4. Indemnification for Subrogation and Lien Claims, and Hold Harmless The Releasing Parties represent that all lienable expenses, and all subrogation claims, and all claims of any other persons or entities legally entitled to share in the proceeds of this settlement have been paid, or will be paid or otherwise resolved from the proceeds of this settlement. The Releasing Parties agree to defend, indemnify and hold harmless the Entities Released from and against all lien and subrogation claims, if any, including all costs and attorney's fees incurred in the defense of such claims. 5. Warranty of Capacity to Execute Agreement The Releasing Parties certify and warrant that they are fully authorized to enter into this agreement and bind themselves and the parties thereto. The Releasing Parties further warrant that no other person or entity has or has had any interest in the claims or causes of action referred to in this Settlement Agreement and that they have the sole right and exclusive authority to execute this Settlement Agreement and to receive the settlement proceeds. 6. Governing Law This Settlement Agreement shall be construed and interpreted according to the laws of the State of Washington. The venue of any action necessary under this Settlement Agreement shall be solely in Yakima County, Washington. 7. Denial of Liability This Settlement Agreement expresses the full and complete settlement of all claims. It is expressly agreed that liability for all such claims is denied by the Entities Released as is any fault relating to the matters described. It is agreed and understood that this settlement is a compromise of disputed claims. Acceptance of this release shall not operate as an admission of liability on the part of the Entities Released. Settlement Agreement - 3 of 4 Consultation With Counsel The R..eleasing 1' have read this Seidel:nerd Agreement and tuLly understand the terms, They have had an 01 to seek independent itgall counsel regarding the legal implications of.' this Settlement Agreement. ;(0) Dated: ,August 2016, P...Yan. Anderson, Releasing Party 11) Of/ Dated: Nagu.st_ILL, 2016. Astid'rson R.iJ ly, 'Releasing P4l- Settletnent Agreement - 4 or4