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Home My WebLink About07/11/2017 14 Settlement Agreement Addendum; Montes, et al. v. City of Yakima, et al.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 14. For Meeting of: July 11, 2017 ITEM TITLE: 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. SUBMITTED BY: 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 FORcl*� SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type resolution 7/5/2017 C Memo addendum 6/29/2017 Cowr Memo Settlement Agreement 6127/2017 Backup Material RESOLUTION NO. R -2017- A 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. 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 Claar Tee, City Clerk Kathy Coffey, Mayor 4 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 $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). 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 ♦ rior twelve monthi w— nbluft ih*91,i''ii,!-.,��:�,il.'Ii,!:,i,�.,,.i,,Lv-A-ejaL%.,quht,* 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. By: Cliff Moore, City Manager Em By: City Clerk City Contract No. 201617 Resolution No. R -2017 - Addendum to Settlement Agreement - 2 Date: SETTLEMENT AGREEMENT 2. Plaintiffs agree to waive the statutory interest that has accrued on the Court's award of $1,846,014.26 since the Order was entered on June 19, 2015. Plaintiffs further agree to waive any additional attorney fees, costs, and expenses incurred above the $11846,014.26 amount awarded by the Honorable Thomas 0. Rice on June 19,2015. 3. 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 such funds. 4. The parties acknowledge that this Agreement contains the entire agreement of the parties as to matters discussed in it and that it merges any and all prior written and oral communications concerning those matters. Other than what is expressly stated in this Agreement, no different or additional promises or representations of any kind have been made to induce any party to sign this Agreement, which they sign freely and in the absence of any coercion or duress whatsoever. 5. This Agreement may be executed and delivered in two or more counterparts, each of which when so executed and delivered shall be an original, but such counterparts together shall constitute but one and the same instrument and Agreement. 6. Any party who successfully seeks to enforce or remedy any breaches of this Agreement shall be entitled to his or its reasonable attorneys' fees and costs attributable to those successful efforts. The parties have cooperated in the preparation of this Agreement. Accordingly, the Agreement shall not be interpreted or construed against or in favor of any party by virtue of the identity, interest, or affiliation 4f its preparers. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth underneath their respective signatures. PLAINTIFFS CITY OF lffMA Date Mateo Arteaga, Plaintiff LIM IN Mayor "- r . oz ito Resolution No. R-2016--OSl 40id. � "7016 07y 8 . 2E4 # fisc parties bave execated this Agivernent oil: ttze dfites ,sot CITY OF Y� KMI.z Bv, t0 "1 is Nfoil ies, t' iiitiff- Citi ri°Mkyor R AXTES T: We' WntiTe' t IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth underneath their respective signatures. 1441174M JEMV.. M � - Dat MUMMMM9r 0 Date By: City Clerk