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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☒ Motion |
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City Attorney |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
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☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Settlement Agreement: Yuma County Flood Control District
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Approve settlement of the City of Yuma v. Yuma County Flood Control District et al. lawsuit. (City Administration/City Attorney) (Jay Simonton/Richard Files)
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STRATEGIC OUTCOME:
The resolution of this lawsuit supports the City Council’s Respected and Responsible strategic outcome.
REPORT:
In 2015 the City of Yuma (City) and Yuma County Flood Control District (District) entered into an amended and restated Intergovernmental Agreement (IGA) to provide for storm drainage and flood control (Project) for the benefit of the citizens and residents of the City and the District through the construction of the Smucker Park Retention Basin. Under the IGA, the District contracted with Meridian Engineering Company (MEC) to perform the construction work.
The City asserts that MEC’s performance of the construction work as the District’s contractor resulted in damage to Smucker Park’s trees and landscaping and caused sanitary sewer overflows. These issues required significant cleanup and restoration efforts, resulting in substantial costs to the City.
The City and the District have negotiated a settlement agreement under which the District will pay the City $550,000 as reimbursement for these costs. In exchange the City will dismiss its lawsuit.
Approval of this motion authorizes the City to enter the attached settlement agreement and to dismiss the lawsuit in accordance with the terms of the agreement.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING ACCOUNT/FUND #/CIP: |
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TOTAL |
$ 0.00 |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
11/18/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
11/18/2025 |