Material Provisions. 6. The PPA hereby withdraws its objections to the entry of the Settlement Agreement. The PPA agrees to file any necessary documentation or paperwork with the Court to effectuate its withdrawal. 7. The PPA agrees to withdraw PPA Grievance No. 2012-12 with prejudice, and waives its right to file grievances under its past, current, and future collective bargaining agreement with the City and unfair labor practice complaints under the PECBA regarding the mandatorily negotiable decisions/impacts of actions that the City undertakes to implement the Settlement Agreement which, as of the date of execution of this Agreement, the PPA knew or reasonably should have known would occur, with the limited exception of the provisions discussed in paragraph 9. 8. The PPA retains its right to file grievances under its past, current, and future collective bargaining agreement with the City and unfair labor practice complaints under the PECBA regarding the mandatorily negotiable decisions/impacts of actions that the City undertakes to implement the Settlement Agreement which, as of the date of execution of this Agreement, the PPA did not know and reasonably could not have known would occur. 9. Notwithstanding paragraph 7, the PPA retains its right to file grievances under its past, current, and future collective bargaining agreement with the City and unfair labor practice complaints under the PECBA regarding mandatorily negotiable decisions/impacts of: (i) actions the City undertakes to implement paragraphs 124 and 127 regarding the revision of protocols for compelling statements and obtaining voluntary statements from officers involved in force events; (ii) actions the City undertakes to implement paragraph 128 that are substantially similar to the changes proposed to City Code 3.20.140(I)(2), 3.21.070(P), 3.21.120(C)(2), 3.21.120(D)(3), 3.21.120(D)(4), 3.21.220 by Item#1020 from the October 23, 2013 Portland City Council agenda; and (iii) remedies or modifications of the Settlement Agreement made by the Court to enforce the Settlement Agreement under paragraph 186, unless the remedy is specific performance which requires City action to implement existing terms of the Settlement Agreement (except for paragraphs 124, 127, and 128) that the PPA did not know or reasonable could not have known would occur consistent with paragraph 8. Nothing in this paragraph shall be construed as an admission by the City that the subjects in (i) through (iii) implicate mandatorily negotiable decisions or impacts nor shall it be construed as a waiver by the City of its management rights with regard to those subjects. 10. Nothing in this Agreement in any way abridges, modifies, or impairs the PPA’s right to file grievances under its past, current, and future collective bargaining agreement with the City and unfair labor practice complaints under the PECBA over collective bargaining issues that are unrelated to the implementation of the Settlement Agreement. 11. The parties agree that paragraph 133 of the Settlement Agreement in no way affects the just cause disciplinary standard under the PPA-City collective bargaining agreement. 12. If the parties to this Agreement have a dispute over the meaning or application of this Agreement, then the parties shall employ the following dispute resolution procedure. a. Step 1: Counsel for the Parties shall meet telephonically or in person as soon as is mutually convenient to discuss the dispute. Persons attending the meeting shall have authority to resolve the concerns, unless resolution of the concern requires adoption of an ordinance or resolution by City Council, authorization from the Assistant Attorney General for the Civil Rights Division of the United States Department of Justice, or by vote of the PPA Executive Board or general membership. b. Step 2: If a meeting between the Parties fails to resolve the concerns, the Parties agree to participate in mediation conducted by retired Chief Justice ▇▇▇▇ ▇▇ ▇▇▇▇▇. If Justice ▇▇ ▇▇▇▇▇ is unavailable, declines the appointment, or agreement on compensation cannot be reached, the Parties shall select a substitute mediator. If the Parties cannot agree upon the selection of a substitute mediator, the Parties shall each submit the name of one potential mediator to the United States District Judge presiding over this Civil Action, who shall appoint the mediator from one of the names provided.
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