2023 May 02 - CC PACKET SPCAGENDA
EL SEGUNDO CITY COUNCIL
SPECIAL MEETING
TUESDAY, MAY 2, 2023
(WILL RUN CONCURRENTLY
WITH REGULAR OPEN SESSION)
6.00 PM OPEN SESSION
CITY COUNCIL CHAMBER
350 MAIN STREET, EL SEGUNDO, CA 90245
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tern
Carol Pirsztuk, Council Member
Lance Giroux, Council Member
Ryan W. Baldino, Council Member
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Darrell George, City Manager Mark Hensley, City Attorney
Barbara Voss, Deputy City Manager Joe Lillio, Chief Financial Officer
Jaime Bermudez, Police Chief Deena Lee, Fire Chief
Michael Allen, Community Development Dir. Rebecca Redyk, HR Director
Jose Calderon, IT Director Elias Sassoon, Public Works Dir.
Aly Mancini, Recreation, Parks & Library Dir.
MISSION STATEMENT:
"Provide a great place to live, work, and visit."
VISION STATEMENT:
"Be a global innovation leader where big ideas take off
while maintaining our unique small-town character."
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and listed agenda items. Any writings or documents given to a majority of City Council
regarding any matter on this agenda that the City received after issuing the agenda
packet are available for public inspection in the City Clerk's Office during normal
business hours. Such documents may also be posted on the City's website at
....ca„Il gq_u ndo....q!rq and additional copies will be available at the City Council meeting.
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REASONABLE ACCOMMODATIONS: In compliance with the Americans with
Disabilities Act and Government Code Section 54953(g), the City Council has
adopted a reasonable accommodation policy to swiftly resolve accommodation
requests. The policy can also be found on the City's website at
hII M✓/ r rr.ei' e urw�,I, . , r / o ernmerwl/�,le arlmentslctt° -clerk. Please contact
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the City Clerk's Office at (310) 524-2308 to make an accommodation request or to
obtain a copy of the policy.
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6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL
INVOCATION — Bishop W. A. Garret — The Way Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Pimentel
PUBLIC COMMUNICATIONS — (RELATED TO CITY BUSINESS ONLY — 5 MINUTE
LIMIT PER PERSON, 30 MINUTE LIMIT TOTAL) Individuals who have received value
of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of
$250. While all comments are welcome, the Brown Act does not allow Council to take
action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
A. PROCEDURAL MOTIONS
Read All Ordinances and Resolutions on the Agenda by Title Only
Recommendation -
Approval
B. STAFF PRESENTATIONS
1. Temporary Appointment of a CalPERS Retiree Robert Espinosa as Fire
Chief pursuant to Government Code Sections 7522.56 and 21221(h)
Recommendation -
Adopt a resolution authorizing the temporary appointment of CalPERS
retired annuitant Robert Espinosa as Fire Chief in compliance with
Government Code sections 7522.56 and 21221(h).
2. Approve the attached Employment Agreement with Robert Espinosa for
the interim appointment to the position of Fire Chief.
3. Alternatively, discuss and take other actions related to this item.
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator, and/or conferring with the City
Attorney on potential and/or existing litigation, and/or discussing matters covered under
Government Code Section §54957 (Personnel), and/or conferring with the City's Labor
Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
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POSTED:
DATE: May 1, 2023
TIME: 9.00 AM
BY: Tracy Weaver, City Clerk
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GIRT411 City Council Agenda Statement
ELSEGUNDO Meeting Date: May 2, 2023
Agenda Heading: Staff Presentations
Item Number: B.1
TITLE:
Temporary Appointment of a CaIPERS Retiree Robert Espinosa as Fire Chief pursuant
to Government Code Sections 7522.56 and 21221(h)
RECOMMENDATION:
Adopt a resolution authorizing the temporary appointment of CaIPERS retired
annuitant Robert Espinosa as Fire Chief in compliance with Government Code
sections 7522.56 and 21221(h).
2. Approve the attached Employment Agreement with Robert Espinosa for the
interim appointment to the position of Fire Chief.
3. Alternatively, discuss and take other actions related to this item.
FISCAL IMPACT:
The Fire Chief position is currently funded in the FY 2023-2024 budget. There is no
additional ongoing fiscal impact associated with the temporary appointment of a retired
annuitant to the Interim Fire Chief position. In accordance with California Public
Employees' Retirement System (CaIPERS) requirements, Mr. Espinosa will not be
eligible for any compensation or benefits in addition to the hourly pay rate while working
for the City of El Segundo as a retired annuitant.
BACKGROUND:
On April 26, 2023, Fire Chief Deena Lee vacated her position as Fire Chief. Robert
Espinosa was identified as the best match for the interim Fire Chief position pending an
executive recruitment for a permanent Fire Chief.
DISCUSSION:
The California Public Employees' Retirement System (CaIPERS) recognizes that
retirees can play an important role in maintaining city operations, particularly in short -
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Temporary Appointment of a Retired Annuitant
May 2, 2023
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term or emergency situations; however, they also specify limitations on a retiree's
service when returning to work for a CalPERS agency. Government Code §§ 7522.56 &
21221(h) provide specific guidance on employing a CalPERS retiree without interruption
to retirement benefits or reinstatement from retirement. Key terms of hiring a retired
annuitant under the Government Code are:
• The retiree must wait 180 days after their retirement date before they can
return to work for a CalPERS employer, unless there is a qualifying
exception. Mr. Espinosa met the 180-day waiting period in October of 2018.
There must be an open recruitment to permanently fill the vacant position
in process. The appointment of a retired annuitant to a vacant position
must be for a limited duration, and their work history must show previous
experience and the skill set needed to perform the work required. The City
is actively recruiting for the Fire Chief position. Mr. Espinosa has over 35 years of
experience in the fire service, including 10 years combined serving as a Fire
Chief for two different cities. He possesses special skills and knowledge directly
related to the City's Fire Chief position. For these reasons, staff recommends that
Mr. Espinosa be temporarily appointed until the recruitment is completed and a
permanent Fire Chief assumes office or November 15, 2023. Both the City and
Mr. Espinosa are aware that a retired annuitant can only be appointed once to
this vacant position as required by Gov. Code section 21221(h).
• The retired annuitant's salary cannot be less than the minimum or exceed
the maximum for the vacant position as listed on the employer's publicly
available pay schedule for the position. Mr. Espinosa will be temporarily
appointed as the Fire Chief. His hourly pay rate upon temporary hire will be
$116.03.
• The retired annuitant cannot be paid any other compensation or benefits in
addition to the hourly pay rate. Sections 5 and 6 of Mr. Espinosa's
employment agreement (Attachment 1) specify that he is ineligible to receive any
compensation or benefits other than his hourly pay rate during the temporary
appointment.
A maximum of 960 hours can be worked within a fiscal year (July 1 to June
30) and CalPERS does not provide any exception to this limit. Nonpaid or
volunteer hours can't be used in order to exceed 960 hours in a fiscal year.
Mr. Espinosa is expected to work for a period of no more than 6 months while the
City completes the recruitment for a permanent appointment to the Fire Chief
position. The City will be required to enroll Mr. Espinosa as a retired annuitant in
the myCalPERS system and report hours worked.
• The retiree will not accrue service credit or any additional retirement rights
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Temporary Appointment of a Retired Annuitant
May 2, 2023
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or benefits. While the City is required to report hours worked by Mr. Espinosa,
those hours will not be counted as additional retirement service credit and
reported only for the purposes of tracking the fiscal year hours limit.
• The employment agreement identifies the detailed terms of Mr. Espinosa's
temporary appointment. Staff recommends that City Council adopt a Resolution
authorizing the temporary appointment effective May 3, 2023.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 3: Promote a Quality Workforce Through Teamwork and Organizational
Efficiencies
Objective: El Segundo is an employer of choice and consistently hires for the future,
with a workforce that is inspired, world -class, engaged and innovative.
PREPARED BY:
Rebecca Redyk, Human Resources Director
REVIEWED BY:
Rebecca Redyk, Human Resources Director
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution Appointing Interim Fire Chief
2. Employment Agreement Robert Espinosa
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO APPOINTING ROBERT ESPINOSA AS
INTERIM FIRE CHIEF IN CONFORMANCE WITH
CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT
SYSTEM AND STATE LAW REQUIREMENTS.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds:
A. Employment for the City's current Fire Chief ended on April 26, 2023.
B. Until a permanent Fire Chief position is filled, the City requires the services
of a qualified professional to carry out the Fire Chief's day-to-day duties,
which require specialized skills and experience.
C. State law (Gov. Code, § 21221(h)), provides that, under specified
circumstances, a retired annuitant in the California Public Employees'
Retirement System ("CaIPERS") may accept temporary employment with a
public employer in the CaIPERS system without affecting his or her
retirement benefits.
D. State law permits the governing body of such public employer to appoint a
CaIPERS retiree to a vacant position requiring specialized skills during
recruitment for a permanent appointment and provides that such
appointment will not subject the retired person to reinstatement from
retirement or loss of benefits so long as it is a single appointment that does
not exceed 960 hours in a fiscal year.
E. Pursuant to the City's review of candidates, the City Council finds that Robert
Espinosa, a CaIPERS retiree, has decades of Fire Department experience
with varied public entities and is qualified to temporarily serve as the City's
Fire Chief until the position is permanently filled, subject to the limitations
stated above.
F. The City desires to appoint Robert Espinosa as an interim appointment
retired annuitant for services as interim Fire Chief, effective May 3, 2023,
pursuant to a temporary employment agreement.
G. Robert Espinosa has not and will not receive a Golden Handshake or any
other retirement -related incentive pursuant to the proposed engagement.
H. Pursuant to Government Code §§ 75522.56(d) and 21224(a), the
compensation paid to Robert Espinosa will not be less than the minimum
nor exceed the maximum monthly base salary paid to other employees
performing comparable duties, divided by 173.333 to equal the hourly rate,
and he will not receive any other benefit, incentive, compensation in lieu of
benefit or other form of compensation in addition to his hourly pay rate.
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SECTION 2. Approval. The City Council approves the temporary employment
agreement for Robert Espinosa, in the form attached to the staff report to which this
Resolution attached and presented to the City Council. The Mayor or City Manager are
authorized to execute such agreement.
SECTION 3. Severability. If any part of this Resolution or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Resolution are severable.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes.
PASSED AND ADOPTED this 2nd day of May, 2023.
Drew Boyles,
Mayor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the 2nd day of May, 2023, and the same was so passed and adopted
by the following vote-
AYES-
NOES-
ABSENT-
ABSTAIN -
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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CITY OF EL SEGUNDO
EMPLOYMENT AGREEMENT FOR INTERIM FIRE CHIEF SERVICES
THIS EMPLOYMENT AGREEMENT FOR INTERIM FIRE CHIEF SERVICES
("Agreement") is made and entered into as of this 2nd day of May, 2023 by and between the City
of El Segundo ("City") and Robert Espinosa ("Employee").
RECITALS
A. Pursuant to Government Code sections 7522.56(c) and 21221(h), City desires to
employ Employee, a California Public Employees' Retirement System (CaIPERS)
retiree, on an interim basis in the position of Interim Fire Chief for the City of El
Segundo while the City actively recruits a permanent Fire Chief.
B. Pursuant to Government Code sections 7522.56(c) and 21221(h), the City Council
finds that the position of Interim Fire Chief requires specialized skills and
experience to plan, direct, manage, and oversee the functions, programs, and
operations of the Fire Department and that Employee possesses the skills needed
to perform the functions and duties of Interim Fire Chief.
C. Employee desires to accept appointment to the position of Interim Fire Chief
under the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
contained herein, the parties agree as follows:
1. Duties. City hereby employs Employee as Interim Fire Chief for the City of El
Segundo to perform the functions and duties of the Fire Chief, as specified by the City's
Municipal Code and the Government Code, and to perform such other legally permissible and
proper duties and functions as the City Council may from time to time assign or as may be
necessary and desirable in the opinion of Employee for the efficient management of the Fire
Department. As part of his duties, Employee shall assist with the recruitment of a permanent
Fire Chief.
2. Work Schedule. During his employment, Employee shall devote such time,
interest and effort to the performance of this Agreement as is necessary to carry out his duties as
Fire Chief. Employee shall be available during normal City business hours and shall be available
for attendance at City Council and other meetings during non -business hours as may be
necessary. Employee acknowledges that his duties will often require performance of services
outside of normal business hours. In no event shall Employee be compensated for more than 960
hours during the term of this Agreement, including any extension hereof.
3. Work Restrictions/CaIPERS. At the time this Agreement is entered into,
Government Code Section 21224 allows a CaIPERS retiree to perform contractual employee
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services under certain circumstances for up to a total of 960 hours in any fiscal year for all
CAPERS contracting employers without being reinstated from retirement, and without loss or
interruption of CalPERS retirement benefits. It is the Employee's responsibility to ensure that
services performed under this Agreement are in compliance with the Employee's CAPERS
obligations. If a controversy arises between Employee and CAPERS regarding the impact of this
Agreement and the services provided for herein upon the nature of CalPERS retirement benefits,
the City shall have no obligation to intervene in or defend or prosecute such dispute.
Accordingly, it is recommended by the City that, prior to entering into this Agreement,
Employee first bring it to the attention of CAPERS and that Employee thereby personally
determine what, if any, impact this Agreement and the performance of the services set forth
herein will or may have upon the employee's CalPERS retirement benefits. Additionally, it is
recommended that Employee consult with his own legal counsel regarding the terms and
conditions of this Agreement. Employee hereby releases and holds harmless the City and its
officials, officers, employees and agents from and against any and all actions (including
imposition of costs, fines and penalties) that CalPERS may impose against Employee arising
from or relating to this Agreement. This provision shall survive the expiration or earlier
termination of this Agreement.
4. Term. Subject to earlier termination as provided for in this Agreement, Employee
shall be employed for a term beginning May 3, 2023, and ending on November 15, 2023, or
when a permanent Fire Chief assumes office.
5. Compensation. For services rendered pursuant to this Agreement, City agrees to
pay Employee compensation of $116.03 per hour, which amount is in conformance with the
requirements of Government Code section 7522.56(d). This hourly rate does not exceed the
maximum monthly base salary paid to other employees performing comparable duties as listed
on a publicly available pay schedule for the Fire Chief position, divided by 173.333. Employee
shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of
compensation in addition to the hourly rate set forth herein. Employee will be compensated in
bi-weekly payments (at the same time that City employees are regularly paid) and Employee's
hourly wages paid pursuant to this Agreement are subject to all applicable withholdings and
deductions in accordance with applicable law. Employee shall record all of his hours on a daily
basis and transmit such records to the Finance Department on a weekly basis. Employee's
attendance at conferences and seminars that are normal and customary for Fire Chiefs shall be
deemed working hours for purposes of this Agreement.
6. Benefits. Employee hereby waives all benefits provided to City employees,
including retirement contribution, health/medical insurance, dental insurance, life and disability
insurance, sick leave, vacation, unemployment insurance and similar benefits. Notwithstanding
the foregoing, Employee shall be entitled to observe all City holidays in the same manner as
employees of the City. Employee recognizes that Government Code section 21221(h) provides
that a retired person appointed to a vacant position pursuant to that subdivision may not receive
any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in
addition to the hourly rate.
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7. Termination. The City may terminate this Agreement at any time with or without
cause. Employee may terminate this Agreement at any time with or without cause provided,
however, he shall provide the City Council with at least two weeks' advance written notice prior
to the effective date of termination, if practicable, unless a shorter period is acceptable to the City
Council. Employee agrees that he shall not be entitled to any severance pay as the result of the
termination of this Agreement for any reason whatsoever.
8. At -will Employment/FLSA Exempt. Employee shall serve at the will and
pleasure of the City Council and understands he is an "at -will" employee subject to summary
dismissal without any right of notice or hearing, including any so-called "Skelly" hearing.
Employee will not acquire any property interest in the position of Interim Fire Chief and is
employed solely on a temporary basis to perform specialized services in accordance with
Government Code sections 7522.56(c) and 21221(h). Employee further understands and agrees
that his position is that of an exempt employee for purposes of the Fair Labor Standards Act.
9. Certification Regarding Prior Unemployment Benefits. In accordance with
Government Code section 7522.56(e)(1), Employee certifies and warrants to City that he has not
received any unemployment insurance payments for retired annuitant work for any public
employer within the twelve months prior to his appointment date under this Agreement.
10. Reimbursable Expenses. During the term of this Agreement, City shall
reimburse for reasonable business expenses, including travel (but not to and from the worksite),
parking and professional dues associated with maintaining membership in professional
organizations pursuant to the applicable provisions of the El Segundo Municipal Code and City
administrative policies. Reimbursement requests must be supported by written documentation in
accordance with established policies and customary practices of the City.
11. Conflicts Prohibited. During the term of this Agreement, Employee shall not
engage in any business or transaction or maintain any financial interest which conflicts, or
reasonably might be expected to conflict, with the proper discharge of Employee's duties under
this Agreement. Employee shall comply with all requirements of law, including but not limited
to the Political Reform Act (Gov't Code § 87100, et seq.), Government Code sections 1090 and
1126, and all other similar statutory or administrative rules. Employee represents and warrants
that he has no financial, contractual or other interest or obligation that conflicts with or is
harmful to the performance of his obligations under this Agreement.
12. Indemnification. For the purposes of indemnification and defense of legal
actions, Employee shall be considered an employee of the City and shall be entitled to the same
rights, and subject to the same obligations and limitations, as other employees of the City as set
forth in the Government Code. Accordingly, City shall defend, hold harmless, and indemnify
Employee against any tort, professional liability, claim or demand, or other legal action arising
out of an act or omission occurring within the course and scope of Employee's services under
this Agreement. Notwithstanding the foregoing, this indemnification obligation shall not apply
to any intentional tort or crime committed by Employee to any action outside the course and
scope of services provided by Employee under this Agreement, or any other intentional or
malicious conduct or gross negligence of Employee.
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13. Notices. Any notice required or permitted by this Agreement shall be in writing
and shall be personally served or sent by U.S. Mail, first class postage prepaid, to the following
address:
To City: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn: City Attorney
To Robert Espinosa: 2781 Gertrude Drive
Los Alamitos, CA 90720
Notices shall be deemed given as of the date of personal service or upon the date of
deposit in the United States Mail.
14. Entire Agreement. This Agreement supersedes any and all prior understandings
or agreements, written or oral, between the parties, and contains all of the covenants and
agreements between the parties regarding the subject matter herein. Each party acknowledges
that no promises, representations, inducements or agreements, oral or otherwise, have been made
by any parry, or anyone acting on behalf of any party, that are not set forth herein. No
modification to this Agreement shall be effective unless reduced to writing and signed by both
parties.
15. Severabifity. In the event any provision of this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof
shall be deemed severable and shall not be affected and shall remain in full force an effect.
16. Waiver. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by a duly authorized representative of the party against whom enforcement
of a waiver is sought. No waiver of any right or remedy in respect of any occurrence or event
shall be deemed a waiver of any right or remedy in respect of any other occurrence or event.
17. Governing Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the State of California. The exclusive venue for all disputes
arising from or related to this Agreement shall be the Superior Court for the County of Los
Angeles.
18. Interpretation. Each parry and its counsel have participated fully in the review
and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting parry shall not apply in interpreting this Agreement. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any
parry.
19. Independent Legal Advice. City and Employee represent and warrant to each
other that each has read and fully understands the terms and provisions hereof, has had an
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opportunity to review this Agreement with legal counsel, and has executed this Agreement based
upon such party's own judgment and advice of independent legal counsel.
20. Electronic Signatures. This Agreement may be executed by the parties on any
number of separate counterparts, and all such counterparts so executed constitute one Agreement
binding on all the parties notwithstanding that all the parties are not signatories to the same
counterpart. In accordance with Government Code § 16.5, the parties agree that this Agreement,
Agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a parry is delivered by
electronic transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO ROBERT ESPINOSA
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
Robert Espinosa
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