CITY OF SIMI VALLEY
MEMORANDUM
A
pril 10, 2023
TO
: City Council
F
ROM: Office of the City Manager (Human Resources)
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UBJECT: ADOPTION OF A RESOLUTION AMENDING THE COMPENSATION AND OTHER TERMS AND CONDITIONS OF THE CITY ATTORNEY ’S
EMPLOYMENT AGREEMENT
STAFF RECOMMENDATION
I
t is recommended that the City Council adopt the attached Resolution No. 2023-17 (page 3) amending the compensation and other terms and conditions of the City Attorney ’s Employment Agreement (Exhibit A).
BACKGROUND AND OVERVIEW
O
n March 6, 2023, the City Council completed a favorable annual performance evaluation of City Attorney David Caceres . The City Council discussed compensation based on the review and therefore i t is recommended that the City Council adopt a resolution to amend the compensation and other terms and conditions of the City Attorney’s Employment Agreement (Exhibit A , page 4 ) to provide for the requested changes.
FINDINGS AND ALTERNATIVES
F
ollowing City Attorney Da vid Caceres’s positive performance evaluation on March 6, 2023, the City Council seeks to provide Mr. Caceres with a 5% merit salary increase.
This increase will be retroactively effective to December 20, 2022, and results in an increase in his annual base salary to $251,068.48. This salary increase is in accordance with the City Attorney ’s Employment Agreement, which includes benefits and compensation set forth in more detail in Resolution No. 2021- 50. It is therefore recommended that the City Council adopt a resolution amending Mr. Caceres ’ Employment Agreement to provide for the requested modifications.
ORAL REPORT REQUIRED
E
ffective January 1, 2017, Government Code (GC) Section 54953(c)(3) requires the City Council to orally report in open session a summary of the salary, salary schedules, and compensation in form of fringe benefits for local agency executives, before the City Council may take final action on such compensation. The position of City Attorney is a “local agency executive” for whom such an oral report is required. Before taking action on this item, the following script should be read aloud (it may be read by the Clerk if requested by the City Council).
AGENDA ITEM NO.
9A
2 Oral Report
“
In accordance with Government Code Section 3511.1, a summary of the City Attorney ’s salary and benefits is reported as follows:
I
n accordance with the City Attorney’s Employment Agreement, the City Attorney will receive a 5% percent merit salary increase retroactively effective to the City Attorney’s actual performance review date of December 20, 2022, which results in a new base salary amount of $251,068.48. The benefits and other compensation as they apply to the City Attorney remain unchanged and are set forth in more detail in Resolution No. 2021-50.“
T
he following alternatives are available to the City Council:
1. A
dopt a resolution to amend the compensation and other terms and conditions of the City Attorney’s Employment Agreement (Exhibit A);
2. Do
not adopt the attached resolution and provide other direction to staff.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mo
ve to adopt Resolution No. 2023-17 to amend the compensation and other terms and conditions of the City Attorney’s Employment Agreement.
SUMMARY
On
March 6, 2023, the City Council completed a favorable annual performance evaluation of City Attorney David Caceres . In accordance with the City Attorney’s current Employment Agreement, Mr. Caceres is eligible for a merit salary increase based on performance. The City Council seeks to provide Mr. Caceres with a 5% salary increase retroactive to December 20, 2022.
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_________________________________
Jennifer Gutierres
Deputy Human Resources Director
INDEX Page
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esolution No. 2023-17 .................................................................... 3 Exhibit A – Employment Agreement……………………………………4
RESOLUTION NO. 2023-17
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AMENDING THE COMPENSATION AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
FOR THE POSITION OF CITY ATTORNEY
W
HEREAS, the City Council of the City of Simi Valley desires to amend the compensation and other terms and conditions for the position of City Attorney.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
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ECTION 1. The Employment Agreement between City Attorney David Caceres (“City Attorney”) and the City of Simi Valley, dated December 20, 2021 , (“Employment Agreement”), is hereby approved as amended and restated to incorporate changes to the compensation and other terms and conditions of employment for the position of City Attorney, as reflected in the attached redlined Agreement (Attachment A of the Staff Report).
S
ECTION 2. In accordance with Section 3.F. of the Employment Agreement, and based upon meritorious performance, the City Attorney will receive a 5% salary increase for the review period ending on December 19, 2022, retroactively effective to December 20, 2022. This shall include all benefits and compensation as they apply to the City Attorney as described in Resolution No.2021-50.
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ECTION 4. T here are no further changes to the City Attorney ’s Employment Agreement.
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ECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this 10th day of April.
A
ttest:
Lucy Blanco, City Clerk Fred Thomas, Mayor of the City of Simi Valley, California
A
pproved as to Form:
Sonia Hehir, Senior Assistant City Attorney
3 CI
TY OF SIMI VALLEY
CITY ATTORNEY EMPLOYMENT AGREEMENT
Thi
s Employment Agreement (“Agreement”) is made by and between the City of Simi Valley, a Municipal Corporation (“Employer”) and David L. Caceres , an individual (“Employee”) pursuant to the terms and conditions contained herein.
Sect
ion 1. TERM & EFFECTIVE DATE
Thi
s Agreement shall commence on December 20, 202 1 (the “Effective Date”) and as amended and restated April 10, 2023, shall continue for a period of five (5) years through December 20, 2026 (“the Term”), unless earlier terminated by Employer or Employee pursuant to the provisions contained herein. Thereafter, this Agreement shall automatically renew for successive periods of one (1) year indefinitely until terminated by Employer or Employee.
Sect
ion 2. DUTIES AND AUTHORITY
A. Em
ployer agrees to employ Employee as the City Attorney for the City of Simi Valley to perform the functions and duties specified in the Government Code of the State of California and/or local ordinances and resolutions, as well as such other legally permissible and proper duties and functions necessary to the position or as lawfully dir ected by the City Council from time to time, which shall at all times comply with all lawful governing body directives, state and federal law, Employer policies, rules and ordinances as they exist or may hereafter be amended. As City Attorney, Employee shall act as the chief legal advisor of Employer , shall be responsible for drafting all legislation, shall approve all contracts as to form, represent the City in all judicial and quasi-judicial and administrative forums, and, subject to the consent of the District Attorney, prosecute any misdemeanor committed within the city arising out of violation of state law.
B. Em
ployee is subject to the common law and statutory conflict -of-interest provisions, including but not limited to the Political Reform Act set forth at California Government Code section 87100 and following, the Fair Political Practices Commission Regulations set forth at California Code of Regulations, Title 2, section 18700 and following, and California Government Code section 1090 and following, as they may be amended. Employee shall fully comply with the above- referenced provisions, and not take any action which results in a violation of such provisions.
C. Em
ployee shall report directly and solely to the City Council. Employee shall serve in an at-will status. Employee understands and agrees that a majority of the Council may terminate Employee’s City employment at any time, subject only to the notice and severance provisions of Sections 12 and 7 of this Agreement.
Employee understands and agrees that Employer has made no implied or express oral or written assurances of continued employment with the City. Employee Formatted: Bottom: 0.94"
4 EXHIBIT A
further understands and agrees that Employee has no property right in City employment and that Employer requires no cause to suspend or terminate Employee’s City employment.
D. Employee shall perform the duties of City Attorney with reasonable care, diligence, skill, and expertise. Employee shall devote his energy and productive time to the performance of his duties, except that Employee shall be entitled to establish an appropriate and reasonable work schedule.
E. Employee shall attend, and shall be permitted to attend, all meetings of the City Council, both public and closed, with the exception of those closed meetings devoted to the subject of this Agreement or any amendment thereto, Employee’s evaluation or as otherwise required or precluded by applicable law.
F. The City Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, concerns or suggestions from any source, which are known to or should have been known by the City Council to Employee for review and/or appropriate action.
Section 3. COMPENSATION
A. Employer agrees to pay Employee an annual base salary of Two Hundred and Thirty-Five Thousand Dollars and No Cents ($235,000.00), payable in installments in accordance with the management payroll practices of Employer and/or as required by law.
B. At the discretion of the City Council this Agreement may be amended to incorporate any salary and/or benefits adjustments granted, provided or required by the City Council and/or Employer’s compensation policies on the same basis as applied to the confidential executive management employees of the City of Simi Valley.
C. In addition, in January of each year beginning January 2023, Employer shall review Employee’s base salary to consider a reasonable increase based upon such factors as cost of living, meritorious performance, budget, compensation of public attorneys in comparable jurisdictions , applicable resolution(s), and any other relevant factors. Such adjustments, if any, shall be made pursuant to a lawful action of the City Council. In such event, Employer and Employee agree to execute an amended employment agreement incorporating the adjusted salary.
D. In no event shall the Employee be paid less than the salary set forth in Section
3.A. of this Agreement except by mutual written agreement between Employee and Employer.
5 E. For the purposes of California public employee compensation law, Employee’s compensation is considered indefinite with respect to the time period prior to any specific adjustment that may be approved by action of the City Council.
E.F. Effective December 20, 2022, Employee shall receive a four five percent (5%) salary merit increase, which amounts to an annual base salary of $251,068.48 and includes benefits and compensation as they apply to the City Attorney set forth in more detail in Resolution No.2021-50.
Section 4. BENEFITS
A. Employer agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for Employee and Employee's dependents, equal to that which is provided to all other confidential confidential executive management employees of the City of Simi Valley.
Employee agrees to pay the same employee co- payments, coinsurance, associated costs, contributions, and deductibles as other confidential executive management employees of the City of Simi Valley covered by the Employer’s insurance benefits. Any future changes in such benefits shall inure to Employee without amendment of this Agreement.
B. Employee may elect once per calendar year to a complete physical examination, including a cardiovascular exam ination, by a qualified physician selected by the Employee. Employee must utilize one of the health plans provided by Employer for the physical examination, which shall be the primary payor . Employer will reimburse Employee for out of pocket costs such as co-payments incurred for the examination up to a maximum of $500 per fiscal year.
C. Employer agrees to put into force and to make required premium payments for short-term and long-term disability insurance coverage for Employee equal to that which is provided to all other confidential executive management employees of the City of Simi Valley.
D. Employer shall procure and pay all premiums due for term life insurance for Employee in the amount of $ 151,000. If such coverage is not available through Employer’s insurance carrier or Employee elects to obtain coverage through an alternative insurance carrier, Employer shall reimburse Employee for the cost of the premiums in an amount necessary to provide such life insurance coverage.
The Employee shall own the life insurance policy, which shall be in the name of Employee and Employee shall have the sole right to name the beneficiary(ies) of the life insurance policy.
E. Upon the effective date of this Agreement, Employee shall retain Employee’s balance of Annual Leave hours in the amount Employee has accrued up to and including the day prior to the effective date of this Agreement. In addition, upon the effective date of this Agreement, Employee shall accrue Annual Leave consistent with an accrual rate no less than the rate at which Employee accrued Annual Leave Formatted: Indent: Left: 0.5", No bullets or numbering 6 prior to the effective date of this Agreement, which shall continue to accrue at no less than the rate in place for other confidential executive management employees of the City of Simi Valley. Employee’s right to accrue, carryover, use, cash out and recover at termination his accrued but unused Annual Leave shall be the same as other confidential executive management employees and/or as required by applicable law.
F. Employee shall be entitled to the same holidays and holiday benefits as provided to other confidential executive management employees of the City of Simi Valley.
G. Employer agrees to pay to Employee the sum of F our Hundred Dollars and No Cents ($400.00) per month as a vehicle allowance to be used by Employee to purchase, lease, own, insure, operate and/or maintain a vehicle of the Employee’s choosing.
H. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall reimburse the Employee at the IRS standard mileage rate for any miles traveled outside of Ventura County for City business purposes
Section 5. RETIREMENT
A. Employer agrees to continue and maintain Employee’s enrollment in the California Public Employees’ Retirement System (“CalPERS”) and shall make applicable contributions consistent with Employee’s continued employment and as required for other confidential executive management employees of the City of Simi Valley and/or as required by applicable law.
B. Employee shall be entitled to participate in the Section 457 and 401(k) deferred compensation plan(s) consistent with other confidential executive management employees of the City of Simi Valley, including matching contributions by Employer in any amount or percentage granted to other confidential executive management employees of the City of Simi Valley, but in an amount no less than that provided to Employee in the year prior to the execution of this Agreement.
C. Employee shall provide a minimum of ninety (90) days’ advance written notice to Employer of Employee’s intent to retire from employment with Employer for the purposes of CalPERS. Upon Employee’s retirement for the purposes of CalPERS, Employee shall be entitled to all final pay, accrued and unused Annual Leave and any other employment compensation and benefits required by Employer policy or applicable law.
7 Section 6. BUSINESS EXPENSES
A. Employer agrees to pay for all bar dues, professional dues, subscriptions and costs associated with Employee’s continued and full participation in national, regional, state and local associations and organizations necessary to and/or desirable for Employee’s continued professional participation, growth and advancement, and/or for the good of Employer, subject to budget approval by the City Council.
B. Employer agrees to pay for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions to adequately continue the professional development of Employee and pursue official functions for Employer, including but not limited to short courses, institutes and seminars beneficial to Employee’s professional development, the California League of Cities (CalCities), IMLA, state and national voluntary bar associations, and such other national, regional, state and local governmental groups and committees in which Employee serves as a member or participant, subject to budget approval by the City Council.
C. Employer agrees to reimburse Employee for all business expenses incurred by Employee for business purposes, including meals where Employer business is discussed or conducted and participation in social events of various organizations when Employee attends as a representative of Employer. Such expenditures shall be subject to annual budget constraints as well as state and Employer ethics and purchasing policies. The Administrative Services Director is authorized and directed to promptly reimburse such expenses to Employee upon receipt of Employee’s duly-executed expense or petty cash vouchers, receipts, statements or personal affidavits.
D. Employer agrees to reimburse Employee for Employee’s business use of a cell phone and cellular service at the same rate paid to other confidential executive management employees of the City of Simi Valley.
Section 7. TERMINATION BY EMPLOYER
A. Employer may terminate Employee’s employment at any time, with or without cause, except that Employer may not terminate Employee within the one hundred twenty (120) day period before or after the election, appointment, resignation, recall, removal, vacancy, seating and/or swearing in of one or more City Council members, so as to permit any new City Council member with a meaningful opportunity to observe and work cooperatively with Employee before taking any action to terminate Employee.
Employee may be terminated and shall be deemed to have been terminated by Employer under the following circumstances:
1. Upon a vote of the majority of the City Council conducted at an appropriately authorized public meeting noticed and held in accordance with the Brown Act.
8 2. When a majority of the City Council votes to offer Employee the opportunity to resign in lieu of impending termination with or without cause, which offer may be accepted by Employee through the tendering of Employee’s resignation in writing.
3. Employer reduces the base salary, total compensation or any other financial benefits of Employee, unless such reduction is applied in no greater percentage than the concurrent average reduction in base salary, total compensation or any other financial benefits of all department heads.
4. Breach of this Agreement by Employer, except that Employee must provide Employer with written notice of any alleged breach and Employer shall have a period of thirty (30) days in which to cure such alleged breach.
B. Severance.
1. In the event that Employee is terminated with
cause, Employee shall be
entitled to his final compensation through the date of resignation and all accrued benefits, including without limitation accrued and unused Annual Leave, as required by Employer policy or applicable law, but Employee shall not be entitled to payment of any severance as set forth in this section.
2. For the purposes of this section, “cause” shall be defined as Employee’s willful abandonment of duties, misappropriation of public funds, conviction of a felony, conviction of a misdemeanor involving moral turpitude, or the inability to practice law in the State of California due to any action of the State Bar of California.
3. In the event that Employee is terminated without
cause, and in addition to
his final compensation through the date of resignation and all accrued benefits, including without limitation accrued and unused Annual Leave, as required by Employer policy or applicable law, Employee also shall be entitled to a lump-sum cash payment as severance in an amount equal to the total of Employee’s monthly base salary, which total shall be multiplied by eighteen (18) months, less applicable tax deductions and withholdings or, if the unexpired term of this contract is less than eighteen (18) months, the monthly salary of Employee multiplied by the number of months left on the unexpired term of the this contract . Such severance shall be paid to Employee by Employer within thirty (30) days of termination.
4. Acceptance of the Severance Payment by Employee shall be in lieu of any and all other remedies of Employee, whether legal or equitable in nature, and in consideration of the acceptance thereof, Employee shall not institute or assist in the filing or prosecution of any complaint, charge, or accusation against Employer, its officers or employees, with any court or any state or federal fair employment, equal employment, or similar board or commission. 9 In the event that a Severance Payment is offered by Employer and accepted by Employee, both parties thereby have released and forever discharged each other from all claims, actions, demands, liabilities and causes of action of every kind and character which the parties may have against each other or in the future arising from any act or omission of either party related to the performance of this Agreement, whether arising under tort, contract (express or implied) or any other cause of action whatsoever. This mutual release includes a waiver by both parties of any rights under Section 1542 of the Civil Code of California, which states: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT , IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
5. Should Employer terminate this Agreement without cause, payment of compensation shall be in one lump sum. Compensation shall include the extension of non -salary benefits or the monetary equivalent of the Employer’s cost for such benefits for eighteen (18) months or the unexpired period of this contract. Employee shall be responsible for any Employee contributions, which are consistent with other confidential executive management employees of the City of Simi Valley.
6. In the event that any portion of such severance, including the non -salary benefits is unenforceable as a matter of law, Employee shall be entitled to the maximum severance legally permissible, but not to exceed the severance benefits provided for in this section.
Section 8. PERFORMANCE EVALUATION
A. Employer shall complete a review Employee’s performance no later than January of each year. All such performance reviews shall be subject to a process, form, criteria, and format for the evaluation as mutually agreed upon by Employer and Employee, which shall include at a minimum (1) a w ritten evaluation form completed by each member of the City Council; (2) a meet ing of Employee and the City Council to discuss the evaluation forms; and (3) a final written summary of the evaluation results, which shall be provided to Employee within thirt y (30) days of the evaluation meeting. Any performance objectives established for Employee shall be clearly defined, requested in good faith and reasonably obtainable within a reasonable time frame.
B. Unless the Employee expressly requests otherwise in writing, Employee’s evaluation shall at all times be conducted in Closed Session of the City Council and all documentation and/or discussions of Employee’s evaluation shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Employer or Employee from sharing the content of the Employee’s evaluation with their respective legal counsel.
10 Section 9. OUTSIDE ACTIVITIES
Employee agrees to devote his full energy, skill, ability and productive time to the performance of the duties of the City Attorney. Recognizing that certain professional activities, outside consulting, or teaching opportunities provide indirect benefits to the Employer and the community, with the written consent of City Council, the Employee may elect to accept limited teaching, consulting, or other business opportunities with the understanding that such arrangements may not constitute interference with nor a conflict of interest with Employee’s responsibilities under this Agreement.
Section 10. INDEMNIFICATION
A. In addition to that required by federal, state or local law or by Employer policy , Employer shall defend, hold harmless and indemnify Employee for and against any and all charges, losses, demands, damages, judgments, interest, awards, settlements, penalties, assessments, fines, fees, costs or other financial obligations of any kind, as well as any and all actual or potential liabilities arising from, related to, or connected with any tort, professional liability claim or demand or any other threatened, pending or completed action, suit, charge, complaint or proceeding, whether civil, criminal, administrative, arbitrati ve or investigati ve, arising out of an alleged or actual act or omission occurring in the course and scope of Employee’s employment with Employer or resulting from Employee’s exercise of judgment or discretion in connection with the performance of Employee’s duties or responsibilities unless the act or omission involved Employee’s willful or wanton misconduct.
B. Upon Employee’s request, Employer shall provide independent legal representation of Employer’s choosing, which representation is reasonably acceptable to Employee, at Employer’s expense and with such representation to continue until a final determination of any governmental, legal or administrative action, including any appeals brought by either party.
C. Employer shall pay all reasonable fees and expenses of Employee throughout the pendency of any governmental, legal or administrative action in which Employee is a party, witness or advisor to Employer for so long as such action is pending.
D. Subject to applicable law , Employer shall pay Employee reasonable fees and costs, including without limitation consulting fees and travel expenses , when Employee is requested or required to serve as a witness, advisor or consultant to Employer regarding any legal, administrative or business matter.
E. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses 11 when Employee serves as a witness, advisor, or consultant to Employer regarding pending litigation.
F. To the extent Employer provides: 1) paid leave to Employee pending an investigation; 2) funds for legal or criminal defense of the Employee; and/or 3) a cash settlement to Employee related to the termination of the Employee pursuant to this Agreement and Government Code Section 53243 et seq., Employee shall fully reimburse Employer for any and all such amounts paid by Employer in the event the Employee is convicted of a crime involving the abuse of his office or position as provided in Government Code Section 53243.4. This provi sion is required to be included in this Agreement under Government Code Section 53243.
G. The Provisions of this section shall survive the termination of this Agreement
Section 11. BONDING AND OATH OF OFFICE
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 12. NOTICES
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) to Employer:
c/o City Council, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063; (2) to Employee: David Caceres , at Employee’s current address on file with Human Resources. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. Except as otherwise provided in this Agreement, the Employee shall be entitled to the same level of benefits that are enjoyed by other confidential executive management employees of the City of Simi Valley pursuant to Resolution of the City Council 2021-50 and any successor or amendment to that Resolution.
B. Unless otherwise provided in this Agreement, with specific acknowledgement to Employee’s at will status, the Employee shall be governed by Employer’s personnel rules, and regulations or practices.
Section 14. GENERAL PROVISIONS
A. This Agreement sets forth and establishes the entire understanding between Employer and Employee relating to the subject matter contained herein. Any prior 12 discussions or representations by or between Employer and Employee are merged into and superseded by this Agreement. Employer and Employee may amend any provision of this A greement during the life of the A greement only upon a writing mutually agreed to and signed by both parties, whereupon such amendments shall be incorporated and made a part of this agreement.
B. This Agreement shall be binding on Employer and Employee as well as their respective heirs, agents, assigns, executors, representatives and successors in interest.
C. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, such provis ion shall be stricken from the Agreement and the remaining provisions shall be deemed to be in full force and effect.
D. This Agreement is for professional and unique services of Employee, which are personal to the City, and this Agreement is not transferrable or assignable.
E. This Agreement shall be governed and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles. Venue shall lie in Ventura County.
F. The undersigned parties represent that they each have the authority to enter into this Agreement, and have done so with full knowledge and understanding of its terms and with the intent to abide by the same.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of its Effective Date.
City of Simi Valley, a Municipal Corporation
By: ________________________________
Keith L. MashburnFred D. Thomas David L. Caceres, Employee
Mayor of the City of Simi Valley
Approved as to Form: Approved as to Content:
____________________________ ______________________________ 13 Sonia Hehir, Senior Assistant City Attorney Brian Paul Gabler, City Manager
14