SEVEMNCE AGREEMENT AND RELEASE OF CLAIMS This Severance Agreement and Release of Claims (?Agreement?), dated August 3. 2017. for reference purposes, is entered into by and between Timothy Patten (?ti?mant?) and the County of Ventura Rectum A. (213th was hired by the County as a Chief Deputy Director of the County's Health Care Agency in November 2015. Claimant?s acceptance of the position required him to relocate to Venture County. B. on September 23, 2016, Claimant?s-at will employment with the County was terminated, without cause, after approximately 9 months of employment. C. On-or around March 20, 2017,. Claimant filed a claim. for damages with the County (?Damages Claim"). In the Damages Claim. Claimant asserted that the County audio: its-agents wrongly dismissed Claimant and the: the County engaged in potentially fraudulent-accounting and billing pmotioes. D. Toe-County denied the Damages Claim. The County has investigated Claimant'mllegations and has interviewed witnesses identi?ed by Claimant. The County has found no basis for any of Claimant's allegations. The County has requested from Claimant the factual basis for the allegations in the Damages Claim, which Cleinmnt has heretofore declined topmiride. E. Claimant also ?led a complaint with the Doparhnent of Indumrial Relations, Division 'otT-Iebor ?Standards Enforcement Complaint?). B. Without emitting-any liability-or fault, the parties enter into this Agreement for a someone payment ofsix (6) montlia' solely, plus reimbursement-of certain relocationexponses incurred by Ciairnaot. AGREEMENT New, therefore, in consideration of the :rec-?itais, wanenties. promises and covenants set forth-heroin, the reoeiptand suf?ciency of which are. hereby acknowledged, the panties agree We: 1 I 9:3 .Comg? laltit. Upon receipt of on original of this Agreement I. Dit?i?Ssal-Of' l. 0L6 2. Severance Payment. As a severance payment, the County shall pay to Claimant the total sum of $136,715.49 with no taxes withhold. Claimant is solely responsible for paying taxes. 3. Payment of Moving Expenses. The-County agrees to pay Claimant $15,000 as for relocation expenses incurred by Claimant. executed By the County, Claimant shall widtdraw or dismiss the 4. jl'jmjog of Pamcng. The total of the payments in paragraphs 2 and 3 51,715.49) shall be paid within 10 days after Claimant delivers to County Counsel {carc of Roads MoKaig, Assistant County Counsel; County of Vontuxa, Hall of Adminiso?ction, Fourth Floor. 800 South Victoria Avenue, Venous, California) all of the following: a duplicate original of this Agrcemont bearing the original slgnatuto of Claimant; a copy ofthc request for wi?idxawal or dismissal ofthc DLSE Complaint as described in paragraph 1 above; and the factual basis, if any. for Claimant's allegations, as required to paragraph 5 Federal Express is an acceptable moans of delivery. 5. County?s Letter of Reference and Claimant?s Agreement to Provide Infogm soon. The County agrees to request that fonncr Health Caro Agency Director Barry Fishcr draft and deliver to Claimant a Mr. Fisher is no longer employed by the County and the County cannot guarantee Mr. Fisher?s compliance with the County?s request that he draft a letter of. reference. Mr. Fisher?s noo~complianoc with the request shall have no effect on the enforceability of the Agreement. Additionally-,- notwithstanding paragraph [2 of'this Agreement, and to help the County address and correct any billing or accountiogissucs that the County's inwstigstion has been unable to identify, Claimant agrees to provide the County with the factual basis, ifany, for his allegations that the County?s accounting or billing. practices are improper or violate- sny laws, which infonna?oo Claimant has previously declined to provide. Claimant?s disclosure under this section shall not constitute a breach of the Agreement, including paragraph 12. Claimant agrees to make such disclosure, in writing, pri of any payment required un?dc'r this Agreement. Disclosure shall bc delivered to COonty Counsel (care of Ronda McKaig, Assistant County Counsel, County ofVootum, Hall of Fourth Floor, 800 South Victozis Avenue, Vontura, Califomia). 6. Claimant. on behalf of Claimant and Claimant?s successors and assigns, homby expressly waives and fully releases and discharges the County and its 2 supervisors, officers, employees, agents, assigns, representatives, administrators and attorneys (collectively, ?R.eleosees") from any and all claims, demands, liabilities, debts, obligations, causes of action, damages and attorney fees, whether known or unlmowc, foreseen or unforeseen, that Claimant has, or may have, against the Releasees from the beginning of time through the date of Claimant?s execution of this Agreement, including, but not limited to, those arising under the Fair Emplcuymeat and Housing Act, Government Code section 12920 ct seq., title VII of the Civil Rights Act of 1964, as amended, 42 United States Code section 2000c et seq., the Americans with Disabilities Act, 42 United States Code section 12101 et seq, as amended, and the Age Discrimination in Employment Act, 29 United States Code section 621 et seq., as amended, or those otherwise arising out of, or in any way connected with or relating to, Claimant?s employment with the County, the termination of that employment, the allegations in the Damages Claim andfor DLSB Complaint, and Claimant?s claims as set faith therein. 7. ?ght to Review; Rigmof Revocation. Claimant acknowledges that this release includes claims of discrimination based on age under the federal Age Dismal-ion in Employment Act, 29 United States Code section 621 et seq, as amended Claimant has been advised that Claimant has the right to take up to 2 days to consider an onexeccted copy of this Agreement before signing it, Claimant has had tile-oppommity to consult with an attorney before signing this Agreement. Claimant waives any rights or claims Claimant-may have under the ABBA and understands that Claimant has seven (.7) calenda: days to revoke this Agreement alter Claimant has signed it. Any revocation must be in writing and delivered by messenger, on or before seven (7) calendar days- followiug the date of Claimant?s signature, to Ronda McKaig, Assistant County Counsel, at the address set forth in paragraph 4 above. 8. Release of Unknown Claims.- Claimant acknowledges and agrees that the release contained in this Agreement applies to all claims for injuries, damages, losses or other asserted'rights, including, without limitation, those arising ?'cm or in any way connected with or relating to the allegations of the Damages Claim acdior the DFEH Complaint'and Claimant?s claims as set forth therein, that Claimant may have against the Releasees, including those that may exist but which Claimant does not know exist and which, if lotown, would materially a??ect Claimant?s decision to execute this Agreement As to such claims, Claimant expressly waives all rights Claimant may have under section 1542 of the California Civil Code, which provides as follows: general release does not extend to claims which the creditor does not know or suspect to exist In his or her favor at the time of executing the release, which if known by him or her must have 3 materially affected his or her settlement with the debtor." 9.- ngal Reg resentation. Each party warrants and represents that in executing this Agreement, the party has relied upon legal advice ?-om the attomeys oftho party's choice; that the terms of this Agreement have been read and their consequences (including risks, complications and costs) completely-explained to the party by those attorneys; and that the party fully understands the-toms of this Agreement. Each party further acknowledges and repments that the party has. executed this Agreement freely and voluntarily without the undue in?uence of any person, and the party has not rolled on any inducements, promises or representations made by any person not expressly set forth in this Agreement. Claimant has speci?cally requested from County that Claimant bieipomuitted to waive his right to how legal counsel of his choice sign this Agmement and approve it as to form. 10. Attomez Fegg and Costs; The County and its of?cers, employees and agents shall notjbe liable to Claimant, and Claimant shall not be liable to the County and its o?ioots, employees and agents, for costs or attorney fees, including any provided for by statute, incurred in connection with the matters described in the Damages Claim and/or DFEH Complaint and the pmpamtlon of this Agreement. ll. Indemni?cation. Claimant agrees and understands that Claimant has not relied upon any advice from-the County, or its of?cers, employees, attorneys, agents or representatives, as to the inability, whether pursuant to federal, state or local 313me or regulations, or Otherwise, of- the. payment made and consideration mfened under this Agreement and that Claimant is solely liable for the tax obligations, if any, arising from the pament made and consideration transferred under this Agreement and shall indemnify, defend and hold harmless the County and its supervisors, of?cers, employees, agents, essigns, representatiws, administrators and attorneys-against all liability, demands, claims, costs, losses, damages, recoveries, settlemo?t's tied monnbie exponees incurred by County related to any tax obligations arising under this- Agreement. l2. Con ntial "mentmorl?Disoaragemont. Claimant agrees and pmmises. that, except as may be required By law, from the date of Claimant?s execution of this Agreement neither Claimant nor attorneys or representatives will disclose the nature, existence or terms ofthis settlement to any person or entity other than Claimant?s attomoyit and professional tax or ?nancial representatives, If asked by any other person. about the terms or conditions of this settlement or the provisiods of this Agreement, Claimant will respond only ?The matter has been resolved?" Claimant ?trther agrees not to disparage or denigrate the County, its of?cers, agents, employees or representatives. Claimant may make truth?? statemmts about tho-County, if required to do soby subpoena, coon order or ea otherwise compelled bylaw. 4 13. No Assiwggont. Claimant hereby warrants and represents that Claimant has not assigned-or transferred, or pmportod to assign or transfer. voluntarily, involuntarily or by operation of law, any legal right subject to this Agreement, or any part or portion thereof, to any person or entity not a party to this Agreement. Claimant agrees to indemnify and hold harmless the County and its supervisors, of?cers, omployoos, agents. assigneos, representatives, administrators and attorneys from and against any claim, liability or cause of action (including the payment of attorney fees and costs actually incurred, whether or not: litigation is commenced) {mood upon, in connection with, or arising out of any such assignment or transfer or purported assignment or transfer. 14. bio Admisgion. This Agreement is. a settlement of disputed claims and is not on admission of liability or fault by any of the parties hereto. 15. Further Actions. The parties hereto agroo that thoy will execute any and all documents and take any and all other actions as may be reasonably necessary to carry out the toms of this Agreement. 16. Binding Effect. This Agreement shall be binding upon Claimant and Claimant?s transforms, successors, assigns, executors and ado?nistmtors. 17. Entire Ammont. This Agreement is the entire agreement between the parties with respoot to the subject matter horoof and supomodos all prior and contemporaneous agroco?zoots or nodorstandiogs of the parties. Any amendment to this Agreement shall not be valid or- bioding unless in writing and signed by the parties. Should any portion of this Agreement be determined by a court ofcompotont jurisdiction to be' or con?ict with any applicable law, such portion shall be considered sovcrod ?oor this Agreement and the validity of the remaining portions of this Agoomont shall not be affected thereby 19. of Amt: of. For purposes of construction, this Agreement shall be doomed to have. been drafted by all parties. and no ambiguity shalt be resolved any party by virtue of the party? 5 participation or the dra?ing of the Agreement. 20. Rggitalgg Headings. Tho section above entitled ?Recitals? is incorporated into and made part of this Agro?m?nt The section and other headings contoured 111 this Agroomont are for reference porposoo only and shall not affect the moaning or construction of this Agrooment. Governing Law; Venue. All quotations with respect to tho construction of this 5 Agreemcnland um Lights and lmbilines arm: panics heme be govemcd by Hi: laws of mu sum afCalifomin, and any action, sun, arbitration, judicial 01 mm pmcceding "lemon man be subjch (o venu: in Venxura County, California, 22. Counmmam, This Agreement may be cxccumd in or more (including mulliplu n1 gnamre pages). all or which shall b: deemed to be insuumem, Tm and Lance! copies my be uszd lieu afthe ariginal. Wherefore, Iho parting unltr inlo this Agrecmem as of flu: last dim: SCI forlh below anu'W," 5km; Timothy Pane" COUNTY OF VENTURA . 7 R151 "my r/L Approvad us to form: 3141.17 Dated; i'EDmy mun LEROY County Counscl. County of Venturu Dmcu.' film [1'le . K'nuuly Con Auumeys for County of Vumum