CITY OF SIMI VALLEY
STAFF REPORT
To:
From:
Subject:
December 15, 2025
City Council
Office of the City Manager (Human Resources)
Jennifer Gutierres, Deputy Human Resources Direc tor
Adopt a resolution amending the compensation and other terms and conditions of the City Manager’s Employment Agreement
Staff Recommendation
It
is recommended that the City Council adopt Resolution No. 2025-41 (Attachment A) amending the compensation and other terms and conditions of the City Manager’s Employment Agreement (Attachment B).
Background
On D
ecember 1, 2025, the City Council, during closed session, discussed providing City Manager Samantha Argabrite a merit salary increase based on the satisfactory annual performance evaluation she received on August 18, 2025. Therefore, it is recommended that the City Council adopt a resolution to amend the compensation and other terms and conditions of the City Manager’s Employment Agreement (Attachment B ) to reflect the requested changes.
Discussion
Dur
ing closed session at the City Council Meeting held on December 1, 2025, the City Council discuss ed granting Ms. Argabrite a merit salary increase based on a positive performance evaluation covering the period from July 1, 2024, to June 30, 2025. The City Council seeks to provide Ms. Argabrite with a f ive percent (5%) merit salary increase retroactively to July 1, 2025, the date Ms. Argabrite’s annual performance review was due. This salary increase results in an annual base salary of $ 285,600.02. This salary increase is in accordance with the City Manager’s Employment Agreement, which includes benefits and compensation set forth in more detail in Resolution No. 2023-24. It is therefore recommended that the City Council adopt a resolution amending Ms.
Argabrite’s Employment Agreement to provide for the requested modifications.
Financial Impact
$13,600
.02. The cost was included in the FY25-26 Adopted Budget, so no appropriation is required.
AGENDA ITEM NO.
9B
City Council Priority
This item supports the City Council’s Pillars of Excellence for Excellent City Government as outlined in the City Council priorities.
Suggested Motion
I move to adopt Resolution No. 2025-41 to amend the compensation and other terms and conditions of the City Manager’s Employment Agreement.
[Begin Reading Oral Report]
“In accordance with Government Code Section 54953(c)(3), and with the City Manager’s Employment Agreement, the City Manager will receive a 5 percent merit salary increase retroactively effective to the City Manager’s performance review due date of July 1, 2025, which results in an annual base salary of $285,600.02. All other prior benefit levels remain the same.”
Summary
On December 1, 2025, the City Council, during closed session, discussed providing City Manager Samantha Argabrite a merit salary increase based on the satisfactory annual performance evaluation she received on August 18, 2025. Therefore, it is recommended that the City Council adopt a resolution to amend the compensation and other terms and conditions of the City Manager’s Employment Agreement to reflect the requested changes.
Prepared by: Jennifer Gutierres, Deputy Human Resources Director
Attachments:
Attachment A – Resolution No. 2025-41
Attachment B – Employment Agreement
2 RESOLUTION NO. 2025-41
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 MANAGER
WHEREAS, the City Council of the City of Simi Valley desires to amend the compensation and other terms and conditions for the position of City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Employment Agreement between City
Manager Samantha C. Argabrite (“City Manager” ) and the City of Simi Valley, dated July 1, 2024 (“Employment Agreement”) , is her eby approved as amended and restated to incorporate changes to the compens ation and other terms and conditions of employment for the position of City Manager, as reflected in the attached redlined Agreement (Attachment B of the Staff Report).
SECTION 2. In accordance with Section 3.C. of the Employment Agreement, and based upon meritorious performance, the City Manager will receive a retroactive 5% salary increase for the review period ending on June 30, 2025. This shall include all benefits and compensation as they apply to the City Manager as described in Resolution No.2023-24.
SECTION 3. The City C lerk shall certify to the adoption of this r esolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this
A
ttest:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
A
pproved as to Form:
Algeria R. Ford, City Attorney
3 Attachment A
CITY
OF SIMI VALLEY
CITY MANAGER EMPLOYMENT AGREEMENT
This
Employment Agreement (“Agreement”) is made by and between the City of Simi Valley, a Municipal Corporation (“Employer”) and Samantha C. Argabrite, an individual (“Employee”) pursuant to the terms and conditions contained herein.
Sec
tion 1. TERM & EFFECTIVE DATE
This Agreement shall commence on July 1, 2024 (the “Effective Date”) and as amended and restated December 15, 2025, shall continue for a period of five (5) years through June 30, 2029 (“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.
Sec
tion 2. DUTIES AND AUTHORITY
A. Empl
oyer agrees to employ Employee as the City Manager for the City of Simi Valley to perform the functions and duties specified in the Simi Valley Municipal Code, Section 2- 6.201 et seq. and/or ordinances, as well as such other legally permissible and proper duties and functions necessary to the position or as lawfully directed 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 t hey exist or may hereafter be amended. As City Manager, Employee shall act as the Chief Executive Officer of Employer.
B. It s
hall be the duty and right of Employee to hire, direct, assign, reassign, supervise, evaluate and/or terminate all of the employees of Employer, except for the City Attorney, consistent with Employer’s policies, ordinances, charter, state and federal law. It also shall be the duty of Employee to accept all resignations of employees of Employer consistent with the policies, ordinances, state and federal law, except for the resignation of Employee or the City Attorney, which must be accepted by the City Council.
C. It s
hall be the duty and right of Employee to organize, reorganize, arrange and/or direct the staff of Employer and to develop and establish internal regulations, rules and procedures which Employee deems necessary for the efficient and effective operation of Employer and consistent with all lawful directives, policies, ordinances, state and federal law.
D. Empl
oyee shall perform the duties of City Manager of the Employer with reasonable care, diligence, skill, and expertise. Employee shall devote reasonable energy and productive time to the performance of his duties, except that Employee shall be entitled to establish an appropriate and reasonable work schedule. 4 Attachment B
RES. NO. 2025-41
E. Employee shall be entitled to engage in all reasonable and lawful outside activities, so long as such activities do not interfere with the performance of Employee’s duties to Employer or pose a conflict of interest for Employer, subject to the approval of the Mayor of Simi Valley.
F. 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 or direction of City Council.
G. 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 Seventy-Two Thousand Dollars and No Cents ($272,000.00), 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, t his 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 executive management employees of the City of Simi Valley.
C. Employer shall review Employee’s base salary on no less than an annual basis to consider a reasonable increase based upon such factors as market value, cost of living, performance, budget, City size, and any other relevant factors.
D. At any time during the term of the Agreement, Employer may, in its discretion, review and consider adjustments to the salary of the Employee, but 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.
Such adjustments, if any, shall be made pursuant to a lawful action of the City Council. In such event, Employer and Employee agree to devote their best efforts and reasonable cooperation to execute a new or amended employment agreement incorporating the adjusted salary. 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.
5 RES. NO. 2025-41
D.E. Effective July 1, 2025, Employee shall receive a five percen t (5%) salary merit increase, which amounts to an annual base salary of $285,600.02.
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 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 executive management employees of the City of Simi Valley covered by the Employer’s insurance benefits. Employee may elect to submit once per calendar year to a complete physical examination 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.
B. 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 executive management employees of the City of Simi Valley.
C. Employer shall procure and pay all premiums due for term life insuran ce for Employee that is the same as other executive management employees of the City of Simi Valley (currently $151,000). The employee shall name the beneficiary of the life insurance policy.
D. 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 for other executive management employees of the City of Simi Valley. The maximum accrual limit of 800 hours shall not apply to Employee.
Employee’s right to accrue, carryover, use, cash out and recover at termination accrued but unused Annual Leave shall be the same as other executive management employees and/or as required by applicable law.
E. Employee shall be entitled to the same holidays and holiday benefits as provided to other executive management employees of the City of Simi Valley.
F. Employer agrees to pay to Employee the sum of Five Hundred Dollars and No Cents ($500.00) per month as a vehicle allowance to be used by Employee to 6 RES. NO. 2025-41
purchase, lease, own, insure, operate and/or maintain a vehicle of the Employee’s choosing. Employer shall reimburse Employee at the IRS standard mileage rate for any miles traveled outside of Ventura County by Employee 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 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 executive management employees of the City of Simi Valley , including matching contributions by Employer in any amount or percentage granted to other 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.
Section 6. BUSINESS EXPENSES
A. To the extent feasible, Employer agrees to budget and pay for 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. To the extent feasible, Employer agrees to budget and 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 necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the California league of municipalities, and such other national, regional, state, and local governmental groups and committees in 7 RES. NO. 2025-41
which Employee serves as a member or participant, subject to budget approval by the City Council.
C. Employer agrees to budget and pay for travel and subsistence expenses of Employee for courses, institutes and seminars necessary to Employee’s professional development and for the good of the Employer, subject to budget approval by the City Council.
D. Employer agreed to reimburse Employee for business expenses incurred by Employee for business purposes, including meals where Employer business may be 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.
E. Employer agrees to reimburse Employee for Employee’s business use of a cell phone and cellular service at the same rate paid to other executive management employees of the City of Simi Valley.
Section 7. TERMINATION AND SEVERANCE PAY
A. Employee serves at the City Council’s pleasure and may be terminated at any time, with or without cause.
B. Except as otherwi se provided in this Agreement, i f Employer terminates this Agreement without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, and if Employee signs, delivers to the City Council, and does not revoke, the Separation and Release Agreement in substantially the same form attached hereto as Exhibit A, Employer shall pay Employee a lump sum benefit equal to six (6) months of Employee’s then Base Salary, and shall provide six (6) months of health (medical, dental, and vision) benefits continuing under the benefit plans in which Employee and their dependents are then enrolled.
C. Should Employee be terminated for cause including, without limitation, the willful breach or habitual neglect of the duties that Employee is required to perform under the terms of this Agreement; conviction of any felony; conviction of any crime involving moral turpitude; or misappropriation of public funds; then, in that event, Employer has no obligation to pay any severance designated in this Section except benefits which are otherwise vested in Employee.
D. Upon any termination of this Employee’s employment, Employer will pay Employee upon the effective date of such termination, an amount equal to the value of the 8 RES. NO. 2025-41
employee’s accumulated, but unpaid and unused Annual Leave in accordance with policies applicable to the executive management employees.
E. In the event Employer, at any time during the employment term, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all Employer employees, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a formal written request by a majority of the City Council that they resign; then, in that event, Employee may, at their option, be deemed “terminated” at the time of such reduction, or after the next City Council meeting after such suggestion is made, in which case, Employee is entitled to be paid severance pay and receive the other severance benefits described in this Section.
F. In the event Employee voluntarily resigns their position with Employer before expiration of the aforesaid term of employment, Employee must give Employer a minimum of 30 calendar days prior written notice to the Mayor. In that event, Employee is not entitled to severance.
Section 8. PERFORMANCE EVALUATION
A. The City Council may evaluate Employee at any time and must provide a written evaluation of Employee’s performance on an annual basis (on or before the anniversary date of this Agreement).
B. For any such evaluation, a third- party consultant may be utilized to interview individual Council M embers regarding Employee’s performance and prepare a report for the entire City Council to use in evaluating Employee’s performance.
C. 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.
Section 9. INDEMNIFICATION
A. Employer must indemnify and defend Employee from any and all claims, demands, actions, losses, or charges arising out of, related to, or as a consequence of Employee performing the lawful duties as City Manager. Further, Employer must pay all expenses, costs and attorney’s fees arising out of or related to the same.
Note, Employee does not get to choose her own attorney and if she does, the Employer is under no obligation to cover such fees and costs.
B. The Parties agree that this Section will survive the termination of this Agreement and Employee’s employment. Employer’s obligations under this Section apply 9 RES. NO. 2025-41
whether Employee is or is not employed by the Employer at the time any such claim, demand, action, loss or charge is made or occurs, as the case may be so long as the action giving rise to the claim occurred during the time Employee was employed by Employer.
C. 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.
D. Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.
E. To the extent Employer provides: ( 1) paid leave to Employee pending an investigation; (2) funds for the 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 that Employee is convicted of a crime involving the abuse of their office or position as provided in Government Code Sections 53243 - 53243.4. This provision is required to be included in this Agreement under Government Code Section 53243.
Section 10. 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: Samantha Argabrite, 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 perso nal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 11. ENTIRE CONTRACT
This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument will be of no force or effect excepting a subsequent modification in writing signed by Employer and Employee.
Section 12. BINDING EFFECT
This Agreement shall be binding on Employer and Employee as well as their respective heirs, agents, assigns, executors, representatives and successors in interest. 10 RES. NO. 2025-41
Section 13. PARTIAL INVALIDITY
Partial invalidity of this Agreement will not affect the remainder.
Section 14. BINDING EFFECT
This Agreement is binding upon and inures to the benefit of the parties and their successors, heirs, agents and personal representatives.
Section 15. Venue
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.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of its Effective Date.
City of Simi Valley, a Municipal Corporation Samantha C. Argabrite, Employee
By: ________________________________
Dee Dee Cavanaugh
Mayor of the City of Simi Valley
Approved as to Form:
____________________________
Algeria R. Ford, City Attorney
11 RES. NO. 2025-41
EXHIBIT A
SEPARATION AND RELEASE AGREEMENT
This Separation, Severance and General Release Agreement (“AGREEMENT”) is made and executed as of _________, by and between Samantha Argabrite (“EMPLOYEE”) and the City of Simi Valley (“CITY”). The Parties agree as follows:
1. RECITALS
A. EMPLOYEE commenced employment with the CITY as City Manager on or about July 1, 2024. Pursuant to an employment agreement executed on or about June 24, 2024 (the “Employment Agreement”), the Parties agreed that EMPLOYEE would be paid a lump sum amount for severance if terminated for convenience and after executing this AGREEMENT.
B. This AGREEMENT is made to amicably resolve all matters between EMPLOYEE and the CITY regarding EMPLOYEE’s employment and the cessation of employment.
C. The parties understand and agree that a material purpose of this AGREEMENT is to resolve any disputes and CLAIMS arising from or relating to EMPLOYEE’s employment with CITY, if any, and provide for a separation payment for EMPLOYEE.
2. CONSIDERATION
A. In exchange for EMPLOYEE’S execution, faithful performance and compliance with this AGREEMENT including, without limitation, the granting of the releases set forth herein, and in full satisfaction and settlement of EMPLOYEE’S CLAIMS, if any, City shall pay EMPLOYEE a lump sum benefit equal to six (6) months of EMPLOYEE’S then Base Salary, and shall provide six (6) months of health (medical, dental, and vision) benefits continuing under the benefit plans in which EMPLOYEE and their dependents are then enrolled (“SEVERANCE PAYMENT”) in the form of a check made payable to EMPLOYEE, to be delivered within 10 days of the EFFECTIVE DATE of this AGREEMENT. Required tax withholdings and deductions will be made from the SEVERANCE PAYMENT.
EMPLOYEE understands and agrees that the EMPLOYEE’S portion of any federal, state or local taxes, if any, that may be owed or payable on the SEVERANCE PAYMENT are the sole and exclusive responsibility of EMPLOYEE.
B. EMPLOYEE and the CITY will bear their own attorney fees and costs incurred in connection with any disputes and this AGREEMENT.
12 RES. NO. 2025-41
C. Except as otherwise provided, the parties agree that no other monies or benefits are due, owing or unpaid by reason of EMPLOYEE’s employment or association with CITY and that no other monies or benefits will be paid or maintained by CITY to/for EMPLOYEE, i n EMPLOYEE’s name, or on EMPLOYEE’s behalf. EMPLOYEE expressly agrees that the SEVERANCE PAYMENT supersedes and is substitution for any payments or benefits under any employment agreement(s), business agreement(s) or arrangement(s), oral or written promises, or severance policy or plan respecting or regarding his employment or association with CITY.
3. RELEASE OF CLAIMS : As consideration for the agreements described above, EMPLOYEE releases and discharges CITY and/or any of its current or former officials, officers, executives, agents, assigns, executors, directors, representatives, affiliates, employees, attorneys, insurers and successor -in-interest, and all persons acting by, through, under or in concert with CITY, past or present, and each and all of them (collectively “Released Parties”), from any and all charges, complaints, lawsuits, claims, liabilities, claims for relief, obligations, promises, agreements, contracts, interests, controversies, injuries, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, liens, judgments, indebtedness, and expenses (including attorney’s fees and costs actually incurred), of any nature whatsoever, whether in law or in equity, KNOWN OR UNKNOWN, suspected or unsuspected, actual or potential, which EMPLOYEE now has, owns or holds, or claims to have, owns, or holds against each or any of the Released Parties, at common law or under any statute, rule, regulation, order or law, whether federal, state, or local, or on any grounds whatsoever, with respect to any act, omission, event, matter, claim, damage, loss, or injury arising out of the employment of and/or the termination of such employment between CITY and EMPLOYEE and/or with respect to any other claim, matter, or event arising before execution of this Agreement by the Parties, including, without limitation, claims under the California Fair Employment and Housing Act (California Government Code §12940 et seq.), the California Family Rights Act (California Government Code §12945.2, 19702.3 et seq.), California Government Code §11135, the Unruh and George Civil Rights Acts (California Civil Code §51 et seq.), the California Labor Code, including, but not limited to, all provisions of the California Labor Code section 1194 and any related Wage Orders or similar directives/authorities issued by any Federal or State authority having enforcement powers, Fair Labor Standards Act any related Wage Orders or similar directives/authorities issued by any Federal or State authority having enforcement powers, the Constitution of the United States, the Constitution of the State of California, Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the Equal Pay Act (29 U.S.C. §206(d)), the Rehabilitation Act of 1973 (29 U.S.C. §793 et seq.), the Family and Medical Leave Act (29 U.S.C. §2901 et seq.), the Employee Retirement Income Security Act of 1974, also known as “ERISA” (29 U.S.C. §1001 et seq.), and/or Sections 1981, 1983, 1985, 1986 or 1988 of Title 42 of the United States Code (42 U.S.C. 1981 et seq.), the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), Claims of Retaliation (California Labor Code §1102.5 et seq.), Claims of “Whistle-blowing,” California Workers’ Compensation Act (Labor Code §3201 et seq.), claims for breach of any type of contract, including written, oral or implied contracts, breach of any covenant, promise, or representation pertaining to your 13 RES. NO. 2025-41
employment, whether express or implied, claims for negligent hiring, retention, supervision, investigation, wrongful termination, discrimination of any type, interference with economic relations, failure to pay wages and/or benefits of any kind, fraud and/ or misrepresentation of any kind, negligent or intentional infliction of emotional distress, slander, assault, battery, and/or any other claims arising under any other state or federal provision, act, ordinance, Constitution, law, common law, or arising under any contract or agreement against CITY, or any other Released Party. EMPLOYEE also expressly releases any and all rights to grieve or otherwise appeal any matters relating to or arising from his employment with CITY.
EMPLOYEE also agrees that if any claim is prosecuted in EMPLOYEE’S name before any court or administrative agency that EMPLOYEE waives and agrees not to take any award of money or other damages from such suit.
Nothing prohibits or prevents EMPLOYEE from filing a charge with, or participating, testifying or assisting in, any EEOC or comparable administrative investigation, hearing or other proceeding before any federal, state or local agency.
However, EMPLOYEE ac knowledges and understands that EMPLOYEE is not entitled to recover any additional compensation, settlement funds, damages or money as a result of such participation.
Nothing in this Agreement may be construed as in any way altering or waiving (i) EMPLOYEE's right to be indemnified and defended by CITY pursuant to Paragraph 11 of the Employment Agreement, (ii) CITY's obligation to indemnify and defend EMPLOYEE pursuant to Section 9 of the Employment Agreement, or (iii) EMPLOYEE's right to enforce CITY's indemnity and defense obligations under Section 9 of the Employment Agreement.
EMPLOYEE further waives and relinquishes all rights and benefits EMPLOYEE may have under any other statutes or common law principles of similar effect.
4. SECTION 1542 WAIVER: EMPLOYEE waives any and all rights or benefits which EMPLOYEE may have under the provisions of Civil Code § 1542, which provides as follows:
“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. SPECIFIC ACKNOWLEDGEMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA: The Age Discrimination in Employment Act of 1967 (“ADEA”; 29 U.S.C. §§ 621-634) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection 14 RES. NO. 2025-41
Act (“OWBPA”; 29 U.S.C. §§ 626, et seq.) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, EMPLOYEE acknowledges that, in exchange for the consideration stated herein, he knowingly and voluntarily waives and releases any rights that he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA that:
A. This waiver/release is written in a manner that EMPLOYEE understands.
B. EMPLOYEE is aware of, and has been advised to seek a representative or legal counsel of their own choosing regarding EMPLOYEE’S rights under the ADEA and OWBPA and the legal significance of EMPLOYEE’S waiver of any possible claims EMPLOYEE currently may have under the ADEA, OWBPA, or similar age discrimination laws.
C. EMPLOYEE is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the wai ver and release of any rights they may have under the ADEA, the OWBPA, or similar age discrimination laws. But EMPLOYEE may, in the exercise of their own discretion, sign or reject this Agreement at any time before the expiration of the 21 day period. If EMPLOYEE signs this Agreement before the expiration of the 21 day review period, EMPLOYEE waives the balance of that period.
D. The waivers and releases set forth in this Agreement do not apply to any rights or claims that may arise after the effective date of this Agreement.
E. EMPLOYEE is advised that they should consult with an attorney before executing this Agreement. EMPLOYEE had an opportunity to discuss this waiver and release with, and to be advised, by an attorney of their choice, and that EMPLOYEE does not need any additional time within which to review and consider this Agreement.
F. EMPLOYEE has until 5:00 p.m. PST, seven days following EMPLOYEE’S execution of this Agreement to revoke it by submitting a written revocation addressed to and received by Algeria R. Ford via email at [email protected].
G. This Agreement will not take effect until the Effective Date, which is the day after the expiration of the seven day revocation period set forth in the preceding paragraph.
15 RES. NO. 2025-41
EMPLOYEE ACKNOWLEDGES THAT T HEY FULLY UNDERSTANDS THEIR RIGHT
TO DISCUSS THIS WAIVER WITH LEGAL COUNSEL, THAT THEY HAVE
CAREFULLY READ AND FULLY UNDERSTANDS THE WAIVER, AND THAT
EMPLOYEE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS THAT THEY
HAVE OR MAY HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT,
THE OLDER WORKERS BENEFIT PROTECTION ACT, AND ANY OTHER LAWS
PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT ARISING FROM OR RELATED OR ATTRIBUTABLE TO THE PARTIES’ ALLEGATIONS OR CLAIMS.
__________________
EMPLOYEE’s initials
6. WAIVER OF ADDITIONAL CLAIMS. EMPLOYEE and the CITY hereby waive any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant hereto.
7. REPRESENTATIONS AND WARRANTIES. Each of the parties to this AGREEMENT represent and warrant and agree with each other party as follows:
A. No Other Claims: EMPLOYEE and CITY represent and warrant that neither EMPLOYEE nor CITY filed, nor will they file in the future, any complaint, charge, claim, legal action, or proceeding arising out of EMPLOYEE’s employment with CITY, the DISPUTES or the CLAIMS released her eby or in any way related to EMPLOYEE’S employment with CITY or separation therefrom with any court, agency, board, hearing officer or tribunal against CITY or any of its agents, officers, current and former elected or appointed officials, current and former employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them. EMPLOYEE retains their right to request indemnification from CITY pursuant to Government Code § 825 et seq. with respect to any action brought against EMPLOYEE in their capacity as an employee, and to enforce EMPLOYEE’S right to indemnification and defense in accordance with Section 9 of the Employment Agreement.
B. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party (or of any officer, agent, employee, representative, or attorney of or for any party) in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.
C. Independent Investigation: Each party to this AGREEMENT made such investigation of the facts pertaining to this severance and settlement and 16 RES. NO. 2025-41
this AGREEMENT and all the matters pertaining hereto as it deems necessary.
D. Comprehension and Authority: Each party or responsible officer thereof has read this AGREEMENT and understands its contents. Any of the officers executing this AGREEMENT on behalf of the CITY are empowered to do so and thereby bind the entity.
E. Mistake Waived: In entering into this AGREEMENT and the severance and settlement provided for herein, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party is not entitled to rescind or set aside the AGREEMENT. This AGREEMENT is intended to be and is final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
F. Ownership of Claims : EMPLOYEE represents and warrants as a material term of this AGREEMENT that t hey have not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further represents and warrants that none of the CLAIMS released by EMPLOYEE hereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
G. Future Cooperation: The parties will execute all such further and additional documents as shall be reasonable or necessary to carry out the provisions of this AGREEMENT.
8. MISCELLANEOUS
A. No Admission : Nothing in this AGREEMENT may be construed as an admission by the parties of any liability of any kind. The parties each deny any liability in connection with any claim or wrongdoing. Each party also intends hereby solely to amicably resolve all matters between the parties.
B. Governing Law: This AGREEMENT and the rights and obligations of the parties will be construed and enforced in accordance with, and governed by, the laws of the State of California. The venue for any dispute arising out of or relating to this AGREEMENT is the Ventura County Superior Court.
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C. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in wr iting, signed by the parties hereto.
D. Continuing Benefit: This AGREEMENT is binding upon and inures to the benefit of the parties hereto, their respective agents, employees, representatives, officers, and officials.
E. Joint Drafting: Each party has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the same may not be construed against any party.
F. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT will still be in full force and effect.
G. Titles: The titles included in this AGREEMENT are for reference only and are not part of the terms of this AGREEMENT, nor do they in any way modify the terms of this AGREEMENT.
H. Counterparts: This AGREEMENT may be executed in counterparts, and by facsimile and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, constitutes one AGREEMENT, which shall be binding upon and effective as to all parties.
I. Executed Copy: All parties will receive a fully executed copy of this AGREEMENT.
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J. Notice: Any and all notices given to any party under this AGREEMENT will be given as provided in this paragraph to the addresses on file with CITY.
All notices given to either party will be made by certified or registered United States mail, or personal delivery , at the noticing party’s discretion, and addressed to the parties as set forth below. Notices will be deemed, for all purposes, to have been given on the date of personal service or three consecutive calendar days following deposit of the same in th e United States mail.
WHEREFORE, the parties hereto have read all of the foregoing, understand the same, and agree to all of the provisions contained herein.
DATED: CITY OF SIMI VALLEY
By:
Dee Dee Cavanaugh, Mayor
DATED:
By:
Samantha C. Argabrite, Employee
APPROVED AS TO FORM:
Algeria R. Ford, City Attorney
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