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2000 - Retired Annuitant Employment Agreement for Interim City Manager - Richard BelmudezRETIRED ANNUITANT EMPLOYMENT AGREEMENT FOR THE POSITION OF INTERIM CITY MANAGER CITY 0F ROSEMEAD This Retired Amuitant Employment Agreement ("AGREEMENT") is made and entered into by and between the CITY OF ROSEMEAD, a Municipal Corporation of the State of California ("CITY"), and Richard Belmudez ("BELMUDEZ"), an individual, on the following terms and conditions : RECITALS A. CITY has a vacancy in the position of city Manager following the retirement of its former City Manager; a. Around February, 2026, the CITY corrmenced recruitment for the position of city Manager; C. The vacancy in the city Manager position will place significant strain on the city by creating a gap in executive leadership and day-to-day a¢prinistrative oversight. This vacancy will impact coordination among departments, implementation of City Council direction, oversight of key initiatives and contracts, and the timely execution of CITY priorities; D. The CITY requires assistance in the city Manager's office to provide exeeutive leadership, oversee day-to-day administrative operations, support implementation of City Council direction, coordinate among departments, and manage key CITY priorities while the CITY recruits to permanently fill the City Manager position; E. BELMUDEZ has extensive professional experience in public sector executive management and municipal administration and is uniquely qualified and has the requisite specialized skills, training, and experience to serve as Interim City Manager for the CITY; F. CITY desires to employ the specialized services of BELMUDEz as Interim city Manager for CITY in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT and State Law; G. BELMUDEZ desires to accept Retired Annuitant employment as Interim City Manager in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT and State Law; H. BELMUDEZ represents that he is a retired annuitant of the California Public Employees'RetirementSystem("CalpERS")withinthemeaningofGovernmentCode§21221th) as of the effective date of this AGREEMENT. BELMUDEZ represents that he retired from the CalpERS system at least 180 days prior to the effective date of this agreement. BELMUDEZ acknowledges that he is restricted to working no more than a combined 960 hours for CITY, a state agency, or other CalpERS contracting agencies (collectively "CalpERS Agencies") during CITY'S 2026-2027 fiscal year and that his compensation and benefits are statutorily limited as 1 provided in Goverrment Code § 21221th). BELMUDEZ represents that he has not received any unemployment compensation from any CalpERS Agencies during the 12-month period preceding the effective date of this AGREEMENT, and that he has attained normal retirement age within the meaning of Government Code § 21220.5; I. This AGREEMENT was approved by cITY'S city council as a regular agenda item at a Council meeting held on July 14, 2026. OPERATIVE PROVISIONS THEREFORE, in consideration of the above recitals and promises and conditions contained herein, CITY and BELMUDEZ mutually agree as follows: 1. Position and Duties. 1.1 Position. BELMUDEZ accepts retired annuitant employment with CITY as Interim City Manager and shall perform all functions, duties, and services of said position as set forthintheCityCodeandasdirectedbytheCityCouncil.BELMUDEZshallserveatthedirection of, and report directly to, the City Council. It is the intent of the parties that BELMUDEZ, as Interim City Manager, shall keep the City Council fully apprised. Toward that end, BELMUDEZ shallperiodically,orasmayotherwisebespecificallyrequestedbytheCityCouncil,providestatus reports to the City Council regarding his activities and the operations of the CITY. 1.2 Term. This AGREEMENT commences and is effective on July 15, 2026 ("COMMENCEMENT DATE") after being approved by the City Council and executed by BELMUDEZ. Subject to the provisions set foith in Section 3 ITermination], BELMUDEZ shall be employed in the position of City Manager for a term commencing on the COMMENCEMENT DATE. This AGREEMENT shall expire as of the first of the following to occur: (i) 6:00 p.in. on June 30, 2027 (ii) upon BELMUDEZ working the maximum number of hours allowed by CalpERS,withoutreinstatementfromretirementorlossorinterruptionofbenefits,inafiscalyear; or (iii) upon termination of the AGREEMENT by either BELMUDEZ or CITY as provided in Section 3 ITermination] of this AGREEMENT. 1.3 At-Will. BELMUDEz acknowledges that he is an at-will employee of cITY who shall serve at the pleasure of the City at all times during the period of his service hereunder and that his employment may be terminated at any time for any or no reason with or without cause as provided in Section 3 ITermination] of this AGREEMENT and/or by operation of California or federal law. Nothing in this AGREEMENT is intended to, or does, confer upon BELMUDEZ any righttoanypropertyinterestincontinuedemploymentoranydueprocessrighttoahearingbefore orafteradecisionbyCITYtoterminatehisemployment,exceptasisexpresslyprovidedinSection 3 ITermination] of this AGREEMENT and/or by operation of California or federal law. Nothing contained in this AGREEMENT shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of BELMUDEZ as provided in Section 3 [Termination]. Nothing in the AGREEMENT shall prevent limit or otherwise interfere with the right of BELMUDEZ to resign at any time from the position with CITY, subject only to the provisions set forth in Section 3 ITermination] of this AGREEMENT. The terms of the CITY' S persomel rules, employee handbook, policies, procedures, ordinances, resolutions, or Municipal Code 2 (collectively "PERSONNEL POLICIES") shall not apply to BELMUDEZ to the extent such PERSor`INEL POLICIES conflict with this Agreement. 1.4 Duties. BELMUDEz agrees to provide the following services: Under the direction of the City Council, BELMUDEZ will provide Interim City Manager services to the CITY on an as-needed basis. BELMUDEZ will also perform all other legally permissible and proper duties and functions consistent with the City Manager pesition, including those set forth in the Rosemead Municipal Code, the PERSONNEL POLICIES, and as the City Council shall assign from time to time. 1.5 Hours of Work. BELMUDEZ shall devote the time necessary to adequately perform his duties as INTERIM CITY MANAGER. The parties anticipate that BELMUDEZ will work 40 hours per week during regular City Hall business hours or as mutually agreed by BELMUDEZ and the City Council. However, in no event shall BELMUDEZ be required or permitted to work in excess of 960 hours for all CalpERS employers combined during any fiscal year, as defined by applicable CalpERS law and guidance. 1.6 Other Activity. In accordance with Government code section 1126, during the period of his employment, BELMUDEZ shall not accept, except current non-government clients, any other work without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except for Professional Activity or Educational Activities), whether or not for pecuniary advantage, that is or may be competitive with CITY, that might cause a conflictrof-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of BELMUDEZ ' S duties as CITY MANAGER. 1.7 Reimbursement. CITY shall reimburse BELMUDEZ for reasonable and necessary business expenses incurred by BELMUDEZ in the performance of his duties. AIl reimbursements require prior approval by the Director of Finance or are reimbursable under City policies and shall be sul>ject to and in accordance with California and federal law. 2. ComDensation. 2.1 Rate of Pay. For all services performed by BELMUDEZ as the Interim CITY MANAGER under this AGREEMENT, CITY shall pay BELMUDEZ compensation at the minimum rate of the salary range which is currently $ 137.9830 per hour. Such compensation shall be payable according to the scheduled paydays for CITY personnel. 2.2 Compliance with CalpERS Requirements. It is the intent of the parties to compensate BELMUDEZ only to the extent permitted under Government Code § 212210 and corresponding CalpERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalpERS. The monthly base salary for the position of Interim City Manager as listed on a publicly available pay schedule is a minimum of $23,917 and a maximum of $31,667. The Rate of Pay is calculated by taking a monthly base salary of $23,917 and dividing it by 173 .333 to equal an hourly rate of $137.9830. 2.3 Recordation and Reporting of Hours worked. BELMUDEZ will comply with all applicable CalpERS rules and regulations governing employment after retirement, including 3 the recordation and reporting of all hours worked for CITY to CalpERS as may be required. CITY shall assist in any such reporting obligation to CalpERS. Additionally, BELMUDEZ shall keep CITY continually informed of any hours worked by BELMUDEZ for other CalpERS Agencies during the term of this Agreement. 2.4 Benefits. Pursuant to Goverrment Code § 21221th) and related CalpERS regulations and policy statements, BELMUDEZ shall not receive from CITY any benefits CITY commonly provides to its employees including, without limitation, medical, dental, vision, long term disability, life insurance, deferred compensation, except for Worker's Compensation Insurance coverage, social security, Medicare, or similar benefits required by state or federal law, or any paid personal time off such as vacation, sick leave, administrative leave, paid holidays or similar lcave benefits. 3. Termination. 3.1 By city. CITY may terminate BELMUDEz for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing BELMUDEZ with written notice five (5) working days before said termination date. CITY'S only obligation in the event of such termination will be payment to BELMUDEZ of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. 3.2 By Employee. BELMUDEz may terminate his employment for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing the City Council with seven (7) days advance written notice. CITY shall have the option, in its complete discretion,tomckeBELMUDEZ'Sterminationeffectiveatanytimepriortotheendofsuchnotice period, provided CITY pays BELMUDEZ all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day of BELMUDEZ'S notice. BELMUDEZ shall not be entitled to any other severance under the AGREEMENT. It is understood and agreed that any notice of termination should be given as soon as practicable and in the best interest of the CITY. 3.3 NO Notice for Expiration. Nothing in section 3 [Termination] shall be construed to require either BELMUDEZ or CITY to give advance written notice in order for the AGREEMENT to expire as set forth in Section 1.2 ITerm]. 3.4 Termination obligations. BELMUDEz agrees that all property, all equipment, and other City Property, City Proprietary Information (as described Section 4) City records, and contracts shall be retuned promptly to CITY upon termination of BELMUDEZ' S employment. BELMUDEZ' S obligations under this subsection shall survive the termination of his employment and/or the expiration of this AGREEMENT. 4. ProDrietarv Information. "Proprietary Information" is all non-public information pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, confidential financial data and formulae, attorney client- 4 privileged information, confidential licensing information, software and other computer programs, copyrightablematerial,andotherinformationexemptfromproductionundertheCalifomiaPublic Records Act and or the Federal Freedom of Information Act. AIL Proprietary Information not generally known outside of CITY' s organization, and all Proprietary Information so known only though improper means, shall be deemed "Confidential Infomation." During his employment by CITY, BELMUDEZ shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this AGREEMENT. Following termination, BELMUDEZ shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express whtten consent of CITY. BELMUDEZ' s obligations under this Section shall survive the termination of his employment and the expiration of this AGREEMENT. A disclosure of Proprietary Information or Confidential Information by BELMUDEZ in response to an order by a cout of competent jurisdiction or in response to a subpoena by a Grand Jury or any state, federal or local law enforcement agency shall not be deemed a breach of this AGREEMENT. 5. Conflict of Interest. BELMUDEZ represents and warrants to CITY that, to the best of his knowledge, he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this AGREEMENT. 6. General Provisions. 6.1 Recitals. The recitals, inclusive of all facts and representation, are incorporated into this AGREEMENT as if set forth in the Operative Provisions. 6.2 Notices. All notices, requests, demands and other communications under this AGREEMENT shall be in whting and shall be effective upon delivery by hand or four (4) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and/or to the last known address maintained in BELMUDEZ'S persormel file. BELMUDEZ agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. CITY's Notice Address: City of Rosemead City Hall, Attn: City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 BELMUDEZ'S Notice Address: [Address on file with Human Resources] 6.3 Indemnification. In accordance with and to the extent provided by califomia's Tort Claims Act (Goverrment Code Section 825 et seq.) and Government Code Section 995-996.6, CITY shall defend and indenmify BELMUDEZ against and for all losses sustained by 5 BELMUDEZ arising out of an act or omission occurring within the scope of his employment under this AGREEMENT. 6.4 Bonding. CITY shall bear the full cost of any fidelity or other bond required of the City Manager under any law or ordinance. 6.5 Merger, Integration and Modification. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of BELMUDEZ'S Retired Annuitant employment by CITY under this AGREEMENT. This AGREEMENT supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of BELMUDEZ, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to BELMUDEZ and are inconsistent with the terms of this AGREEMENT, the provisions of this AGREEMENT shall control. This AGREEMENT may be modifled only in a whting approved by the City Council and signed by all the parties. 6.6 Waiver. Either party's failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition, or covenant hereof. 6.7 Assignment. Neither this AGREEMENT, nor any interest in it, may be assigned ortransferredbyanypartywithoutthepriorwrittenconsentofalltheparties.Anysuchassignment will be subject to such terms and conditions as CITY may choose to impose. 6.8 Severability. Inthe event any portion of this AGREEMENT is declared void, such portion shall be severed from this AGREEMENT and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this AGREEMENT or the obligations of the parties, in which case this AGREEMENT shall be immediately terminated. 6.9 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable attomeys' fees and costs. 6.10 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and any action in comection with or arising out of this AGREEMENT or any dispute between the parties shall be commenced and maintained in the Superior Cout of the State of California for the County of Los Angeles or the United States District Cout for the Central District of California. 6.11 Interpretation. This AGREEMENT shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of exanple and not in limitation, this AGREEMENT shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this AGREEMENT. Captions are used for reference puaposes only and should be ignored in the interpretation of the AGREEMENT. This AGREEMENT may be altered, amended or modifled only by an instrument in writing, executed by the parties to this AGREEMENT and by no other means. Each party waives their future right 6 to claim, contest or assert that this AGREEMENT was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 6.12 Binding Effect. The rights and obligations of this AGREEMENT shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This AGREEMENT may be executed in any number of counteaparts, each of which shall be considered as an original and be effective as such. 6.13 Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this AGREEMENT and the intent of the parties to this AGREEMENT. 7 IN WITNESS WHEREOF, CITY and BELMUDEZ has signed and executed this AGREEMENT. DATED: DATED:J# ATTEST: Er_icka-Heinandez-;- City Clerk -,-.- 8 CITY OF ROSEMEAD BELMUDHZ: APPROVED AS T0 FORM: `7¥i:/LZ/:.:,,D` ;;i-..-i;..3„-,,3 ichman, City Attorney