CITY OFVENTURA CITY ATTORNEY PUBLIC SESSION REPORT OF CLOSED SESSION September 9, 2019 MATTER: Signi?cant Exposure to Litigation [Government Code ?549.56 The following closed session report isbeing issued pursuant to Government Code ?54957. In March, 2019,'the City received information from the attorneys for an individual alleging that in 201 1, at which time the individual was a minor, a City employee, while on duty, participated in an inappropriate relationship with the individual and that the individual intended to ?le a lawsuit against the City regarding this allegation and related issues. After additional information was - received and reviewed by the City regarding these allegations, and research conducted regarding applicable statutes of limitation, on June 24, 2019, the City Council, pursuant to Government Code ?54956.9, conducted a closed session regarding this matter, authorizing its settlement by a unanimous vote of the City Council with all members present. A formal settlement agreement was signed by the individual and her counsel on August 8, 2019 in which they accepted the sum of $650,000 to resolvethis matter in its entirety. A redacted ?copy of the Settlement, Agreement Release of All Claims will be available for review in the City Clerk?s Of?ce tomorrow during normal business hours. SETTLEMENT AGREEMENT RELEASE OF ALL CLAIMS In cOnsideration of the romises made herein, Recitals - 1.1 -contends that she has sustained damage arising out of a series of alleged occurrences beginning in or about June, 2011 involving seve1al current and former Ci of San Buenaventura em" 10 cos includino but net hmited to for which the CITY is allegedly liable. CITY denies any such liability or that as incurred any such damage. and CITY desire to resolve any and all claims 7 as, had, may have or Will have against, the CITY and the above referenced present and former CITY em lo ees as Well as all other CITY employees, representatives and, related entities, and it is intent to resolve any and all such clanns or related claims thr0ugh this Agreement. I 1.2 The ?alleged occurrences? referenced above in paragraph 1.1 include, but are not limited TO: . . (A) Any and all contacts between whether they be of a sexual or other nature, (B) Any and all contacts between includin but not limited to, his alleged failure to report his knoWledge of he alleged sexual relationship to appropriate authOrities, (C) Any and all conduct, or failure to act, by the CITY and the Ventura Police Department with respect to an alleged sexual relationship between alle edeffort by the CITY, including, but not limited toin?uence ?and her family members, ineluding, but not limited tofrom discussing the alleged conduct, or failure toact referenced above 111 ra a?hl. 2 (A), (B) and (C). (F) Any conduct or Iai1ure to act related to or emanating from the above allegations in . paragraphs Release 2 1 (A) For good and valid conside1ation, in the sum of six hundred ?fty thOusand dollars ($650, 000. 00), to be paid as described n1 paragraph 3 of this Agreement, ?he1eby foreVei generally and completely releases and discharges the CITY, the City Councils of the City of San Buena?v?entura, the former, present and future commissiOns, boards, attorneys, insurers, investigators, consultants, vendors, Servants, representatives, successors and assigns, and their related or af?liated entities, and all Other persons and organizations (Whether p1ivate or public), of and from any and all claims and demands of every kind and . nature, in law, equity or otherwise known or unknown, suSpected or unsuspected, disclosed or undisclosed, asserted or not asSerted for any reason whatsoeVe1, fer damages, actual and consequential (including, but not limited to, economic, non?eCOnomic and punitive), past, present and future, including, but not limited to, tort, statutory, constitutional, contractual and extra~ contractual claims, arising out of or in any way related to the alleged claims referenced in paragraph 1.1 and the alleged occurrences referred to in paragraph 1.2 of this Agreement, 1 including all things which were, may have been or can be asserted by way of claims, complaints, administrative actions, arbitration, lawsuits or other legal action. (B) For good and valid consideration, that being a mutual waiver of liability, fees and costs, hereby forever generally and completely releases and discharges the former of and frOm any and all Claims and demands of every kind and nature, in law, equity er otherwise, known 0r unknown, suSpected or unsuspected, disclosed or undisclosed, asserted or not asserted for any reason whatsoever, for damages, actual and c'onsequential (including, but not limited to, economic, non-economic and punitive), past, present and futule, including, but not limited to, tort, statutory, constitutional, contractual and extra?contractual claims, arising out of or in any way related to the alleged claiins referenced in paragraph 1.1 and the alleged occurrences referred to in paragraph 1.2 of this Agreement, including all things which were, may have been 01' can be asserted by way of claims, complaints, administrative actions, arbitration, lawsuits or other legal action. (C) AS further consideration for payment of said sums and mutual waivers of liability, -hereby agrees to indemnify, defend and hold harmless the CITY, the City Councils of the City of San Buenaventura, the former resent and future of?cers avents,e1nlo. ees includin_, but not linnted to - ,c'ommiSSions, boards, attorney's, insurers, inveStigators, conSultants, vendors, serVants, representatives, successors and assigns, and their 1elate'd or affiliated entities, and all other pelsons and organizations (whether private or public) against any action, claim or demand by any other pe1son(s) or organizations, for damages or compensation resulting in any way from the alleged Claims described 1n paragraph 1.1 and the alleged occurrences referred to in paragraph 1.2 of this Agreement. This includes, but 15 not limited to, any and all healthcare p1 ov1de1 and healthcare insurer liens and claims, whether they be from private health insurers or public entities. Settlement Payment Terms 3.1 (A) Payment of the settlement amount noted above in paragraph of this Agreement shall be made within thirty days of actual delivery of this fully signed Agreement and a Form completed by_s attorneys to the CITY. (B) directs that the payment noted abOve in paracria 3.1 A is to be made payable to ?Bamieh De Smeth Client Trust in care of and shall be transmitted to Bamieh DeSmeth PLC hereby agrees to indemnify, defend and hold harmless the CITY, the City COuncils of the City of San Buenaventura, the CITY?sformer uresent and ?inne Of?cers. a ents. emlo ees includino but boards attorneys mSUrers,1nvest1gat01S consultants, vendors, Servants, representatives, successors and aSsigns, their related or af?liated entities, "and all Other peisons and organizatiOns (whether private or public) against any action, claim or demand with respect to any and all disputes arising between ?and he: attorneys rega1d1ng the distribution of this payment. Leg 211 Action 4.1 hereby represents that she has initiated no legal action in any com?: or i 2 other forum with respect to the alleged claims referenced in paragraph 1.1 and the alleged occurrences referred to in paragraph 1.2 of this Agreement and Will not initiate any legal action in any court or other forum with reSpect to alleged claims referenced in paragraph 1.1 and the alleged occurrences referred to in paragraph 1.2 of this Agreement. No Admission of Liability 5.1 It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the parties hereby released, and that said parties deny liability therefore, and intend merely to avoid litigation and buy their peaCe. Waivers 6.1. It is understood and agreed that all rights under Section 1542 of Civil Code of California and any similar law of any state or of the United States are hereby expressly waived. Said section made as follows. . 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? Declarations and Representations 7.1 - - .1 1 hereby declares and 1ep1esents that executing this Agreement, she has relied on legal advice frOm her attorney, that the terms of this Agreement have been explained, and that she fully unde1 stands the terms of this Agreement. 7.2 hereby declares and represents that the damages she has allegedly sustained are or may be permanent and progressive, and in making this Agreement it is underStood and. agreed that the undersigneds rely Wholly upon the undersigneds' judgment, belief and knowledge of the nature, extent, effect and duration of said damages and liability therefor and IS made Without reliance upon any statement 01 representation by the CITY, the City Councils of the City of San Buenaventura, the fermer, present and future of?cers, agents, emy'lo ees mclud _,but not limited beards, attorneys insurers mvest1gators consultants vendors, seivants, representatives, successors and assigns, their related ('11 af?liated entities, and all other pe1'sons and organizatiOns (Whether private or public). 7.3 . . . 7? 1'7 hereby declaies and represents that no promise, inducement or agieement not herein expressed has been made to her, and that her eXecution of this Agreement IS 11 cc and voluntary. 7. 4 ?h'eleby declares and represents that there are no liens or claims of lien or assignments in law 01 equity or otherwise of Dr against any of the claims or causes of action released herein and, further, that the undersigned 13 fully entitled and duly authorized to give this ?complete and final general release and discharge. 7.5 . . hereby declares and represents that she has no knowledge of Medicare, Medicaid, MediCal or any other government 01 quasi-government entity having a lien with 3