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HomeMy WebLinkAboutContracts & Agreements_82-2026SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and General Release ("Agreement") is entered into between the City of Redlands ("DEFENDANT" or "CITY"), its past or present council members, directors, governing body, employees, agents, predecessors, attorneys, divisions, departments, representatives, insurers, successors in interest and assigns, and all persons acting by, through, under, or in concert with any of them, on the one hand, and Geneva Holzer ("PLAINTIFF") on the other. DEFENDANT and PLAINTIFF are collectively referred to as the "PARTIES" or individually as a "PARTY" with reference to the following: RECITALS A. PLAINTIFF is employed by DEFENDANT as a Forensic Specialist; B. PLAINTIFF's employment with DEFENDANT will end no later than the Effective Date of this Agreement, due to her voluntary resignation from her position; C. PLAINTIFF filed a complaint with the California Civil Rights Department ("CRD")/Equal Employment Opportunity Commission ("EEOC") against DEFENDANT (hereinafter "Administrative Charges") alleging she was harassed and discriminated against based on her gender and retaliated against because she reported harassment and discrimination, and the CRD issued PLAINTIFF a Right to Sue notice dated May 17, 2023; D. On September 20, 2023, PLAINTIFF filed a lawsuit against DEFENDANT in the San Bernardino County Superior Court, Case No. CIVSB2322787 ("LAWSUIT"), alleging (1) sex and gender discrimination in violation of Government Code, section 12940, subdivision (a); (2) hostile work environment in violation of Government Code, section 12940, subdivision 0); (3) retaliation in violation of Government Code, section 12940, subdivision (h); (4) retaliation in violation of Labor Code, section 1102.5; and (5) failure to prevent discrimination and harassment in violation of Government Code, section 12940, subdivision (k), and seeking damages for her physical and emotional injuries as alleged in her lawsuit and discovery; E. On February 13, 2026, PLAINTIFF filed a Verified Petition for Writ of Mandamus, Prohibition and/or Extraordinary Relief ("WRIT") seeking to set aside and vacate the Superior Court's ruling on PLAINTIFF'S Pitchess motion, which was filed on November 25, 2025 and denied in its entirety on January 8, 2026; F. DEFENDANT categorically denies any and all of the claims and allegations asserted by PLAINTIFF against DEFENDANT, but has incurred significant fees and costs as a result of PLAINTIFF'S LAWSUIT and therefore wishes to avoid incurring additional litigation expenses; G. This Agreement is intended to be a full, complete, and final settlement of each and every claim, cause of action, appeal, or liability, whether known or unknown, PLAINTIFF may have or may have had against DEFENDANT prior to and up through the Effective Date of this Agreement, including, but not limited to the Administrative Charges, and the LAWSUIT and any 1 13394809.1 RE035-054 other claims by PLAINTIFF arising out of, or in any way related to PLAINTIFF'S employment with the DEFENDANT and/or separation from such employment. NOW THEREFORE, and in consideration for the promises contained herein, and other good and valuable consideration, receipt of which is acknowledged by the execution of this Agreement, and to avoid unnecessary litigation, it is agreed by and between the PARTIES as follows: L WAIVER AND RELEASE A. No Admission of Liability. This Agreement and compliance with this Agreement shall not in any way be construed as an admission by DEFENDANT or PLAINTIFF of the truth of any allegations, or an admission of any unlawful acts or other liability whatsoever against each other or against any other person or entity. DEFENDANT and PLAINTIFF specifically disclaim any liability to, against each other, or against any other person or entity, on the part of themselves, any related person or any related predecessor corporation or its or their agents, representatives or successors in interest and assigns. This Agreement cannot be used by a PARTY to,demonstrate any admission of liability or wrongdoing by another PARTY. B. Plaintiffs Release of Claims. PLAINTIFF hereby and forever releases and discharges DEFENDANT, and any past and/or present parent, subsidiary, and/or affiliated entities, as well as any past and/or present direct or indirect successors, officers, officials, current and former directors, current and former trustees, heirs, predecessors, assigns, agents, insurers, employees, lay volunteers or representatives, attorneys and representatives, of each and every party, and each of them, past and present ("Releasees"), from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not it has been brought before any state or federal court or before any state or federal agency or other governmental entity, including, but not limited to, all of PLAINTIFF's claims arising from or related or attributable in whole or in part to PLAINTIFF's application for employment and employment relationship with DEFENDANT, whenever those claims may have occurred. PLAINTIFF understands and agrees that this Agreement extends to all disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to the above -referred matters and disputes. PLAINTIFF understands and expressly agrees that this Agreement also extends to any other matter, event, or claim occurring prior to the date of execution of this Agreement. PLAINTIFF understands and agrees that she is waiving any rights she has, may have had, or may have, to pursue any and all remedies available to her under any employment -related or other cause of action against Releasees, including, without limitation, any claims for discrimination, harassment and/or retaliation, claims under the California Fair Employment and Housing Act (California Government Code section 12900, et seq.), the California Family Rights Act (California Government Code section 12945.2), the Unruh and George Civil Rights Acts (California Civil Code section 51, et seq.), all provisions of the California Labor Code and any wage orders or similar directives or authorities issued by any federal or state authority having la 13394809.1 RE035-054 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 Age Discrimination in Employment Act (29 U.S.C. § 621, et seq.), the Equal Pay Act (29 U.S.C. § 206(d)), the Fair Labor Standards Act (29 U.S.C. § 201, et seq.), the Family and Medical Leave Act (29 U.S.C. § 2601, et seq.), the Employment Retirement Income Security Act of 1974 (29 U.S.C. § 1001, et seq.), Sections 1981-88 of Title 42 of the United States Code (42 U.S.C. § 1981, et seq.), the American with Disabilities Act (42 U.S.C. § 12101, et seq.), claims of retaliation or whistle -blowing (including but not limited to California Labor Code section 1102.5, et seq, and Government Code section 12653), claims for breach of any type of contract, including written, oral or implied and, including, but not limited to the Contract, breach of any covenant, promise or representation pertaining to PLAINTIFF's employment, whether expressed or implied, and all other claims arising in contract, tort or equity or under any other statute, whether federal, state or local up to the date of execution of this Agreement (collectively referred to as "Released Claims"). This Agreement does not limit PLAINTIFF's ability to bring an administrative charge with an administrative agency, but PLAINTIFF expressly waives and releases any right to recover any type of personal relief from the DEFENDANT, including monetary damages or reinstatement, in any administrative action or proceeding, whether state or federal, and whether brought by PLAINTIFF or on PLAINTIFF'S behalf by an administrative agency, related in any way to the matters released herein. Furthermore, nothing in this Agreement prohibits PLAINTIFF from reporting possible violations of law or regulation to any government agency or entity, including but not limited to the Equal Employment Opportunity Commission, the California Civil Rights Department, the Department of Labor and/or the Department of Justice, or malting other disclosures that are protected under the whistleblower provisions of law. PLAINTIFF does not need prior authorization of the DEFENDANT to make any such reports or disclosures and is not required to notify the DEFENDANT that she has made such reports or disclosures. C. Civil Code Section 1542 Waiver. PLAINTIFF hereby waives any and all rights that she may have pursuant to California Civil Code Section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT MOW 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. PLAINTIFF hereby expressly waives the provisions of California Civil Code Section 1542 and further expressly waives any right to invoke said provisions now or at any time in the future. PLAINTIFF recognizes and acknowledges that factors which have induced her to enter into this Agreement may turn out to be incorrect or to be different from what she had previously anticipated, and she hereby expressly assumes any and all of the risks thereof and further expressly assumes the risks of waiving the rights provided by California Civil Code Section 1542. 13394809.1 RE035-054 D. Release of All Claims Pursuant to Any MOU. PLAINTIFF hereby expressly waives any and all claims now and forever that she has or may have to rights or benefits pursuant to the Memorandum of Understanding ("MOU") between the City of Redlands and the Redlands Civilian Safety Employee Association, covering the years 2017 through 2023, the Memorandum of Understanding between the City of Redlands and the Redlands Civilian Safety Employee Association, covering the years 2023 through 2026, or any other MOUs between the City of Redlands and the Redlands Civilian Safety Employee Association. PLAINTIFF also hereby expressly waives all claims now and forever that she has or may have that are or would be pursued by the Redlands Civilian Safety Employee Association with the Public Employment Relations Board ("PERB"). Moreover, PLAINTIFF specifically acknowledges and agrees that she waives any and all voting rights she may believe she has or she may have regarding any current or future Redlands Civilian Safety Employee Association claims, issues, matters and/or PERB charges or matters. E. Age Discrimination in Employment Act Waiver and Release. The Age Discrimination in Employment Act of 1967 ("ADEA") 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 Act ("OWBPA"), 29 USC. §§ 626, et. seq. further 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, PLAINTIFF acknowledges that she is knowingly and voluntarily, for just compensation in addition to anything of value to which PLAINTIFF is already entitled, waiving and releasing any rights she may have under the ADEA and/or OWBPA. PLAINTIFF further acknowledges that she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that: 1. This waiver/release is written in a manner understood by PLAINTIFF. 2. PLAINTIFF is aware of and has been advised of her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA, or similar age discrimination laws. 3. PLAINTIFF is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement, and the waiver and release of any rights she may have under the ADEA, the OWBPA, or similar age discrimination laws, but she may, in the exercise of her own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days. 4. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the date this Agreement takes effect. 5. PLAINTIFF was advised and by this Agreement is advised in writing to that she should consult with an attorney prior to executing this Agreement. PLAINTIFF has had an opportunity to discuss this waiver and release with, and 4 13394809.1 RE035-054 to be advised regarding this Agreement, by an attorney of her choice, and does not need any additional time within which to review and consider this Agreement. 6. PLAINTIFF has seven (7) days following her execution of this Agreement to revoke the Agreement by submitting a written revocation addressed via email to Mark H. Meyerhoff of Liebert Cassidy Whitmore at mmeyerhoffc lewlegal.com. PLAINTIFF knowingly and voluntarily agrees to all of the terms set forth in this Agreement and knowingly and voluntarily intends to be bound by those terms. PLAINTIFF ACKNOWLEDGES BY HER SIGNATURE TO THIS AGREEMENT THAT SHE FULLY UNDERSTANDS HER RIGHT TO DISCUSS THIS WAIVER WITH LEGAL COUNSEL, AND HAS CAREFULLY READ AND FULLY UNDERSTANDS THE WAIVER, AND THAT SHE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS THAT SHE HAS 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. F. Effective Date. The Effective Date of this Agreement shall be the last date on which all of the following occurs: (1) all PARTIES have signed this Agreement; (2) this Agreement has been fully approved by DEFENDANT'S City Council as specified in Section III(A) below; and (3) the seven-day revocation period has expired without receipt of any revocation as set forth in Section I(E)(6) above. G. Representation of No Pending Claims. PLAINTIFF represents that, other than the claims described herein, she has not filed any lawsuits, complaints, appeals, claims, applications, or charges against the DEFENDANT or the Releasees with any state or federal court, or local, state or federal agency, or administrative or quasi -administrative tribunal or person, based on any events occurring on or prior to the date of execution of this Agreement. II. PAYMENT AND DISMISSAL The PARTIES agree that following full execution of this Agreement, the PARTIES shall perform the following acts: A. Immediately upon executing this Agreement, PLAINTIFF will withdraw in writing and cause to be dismissed with prejudice in its entirety the WRIT and any and all complaints, charges, or claims against DEFENDANT regardless of whether they are specifically referred to herein. B. PLAINTIFF and/or her counsel, Wagner Zemming Christensen LLP, shall sign and forward to DEFENDANT'S attorneys, Liebert Cassidy Whitmore, Mark H. Meyerhoff, 6033 W. Century Boulevard, 5th Floor, Los Angeles, CA 90045, a request for dismissal of the LAWSUIT 13394809.1 RE035-054 with prejudice. Liebert Cassidy Whitmore shall not file the dismissal until payment of the Settlement Proceeds occurs, as described below. The payment of Settlement Proceeds is contingent on Liebert Cassidy Whitmore's receipt of the request for dismissal with prejudice of the Lawsuit. C. DEFENDANT shall pay PLAINTIFF the total sum of four hundred seventy five thousand dollars ($475,000.00) (the "Settlement Proceeds"). The Settlement Proceeds shall be made payable in two checks as follows: (1) The first check shall be made payable to Geneva Holzer in the amount of $257,764.79, allocated to alleged non -wage damages and reported on IRS Form 1099; (2) The second check shall be made to Wagner Zemming Christensen LLP in the amount of $ 217,235.21 for PLAINIFF'S costs and attorney fees, with the amounts to be reported on Form 1099 as required by law. DEFENDANT shall transmit the settlement payment to PLAINTIFF's counsel within 15 days of the Effective Date of this Agreement, provided that: (1) PLAINTIFF or Wagner Zemming Christensen LLP have tendered the signed request for dismissal and (2) DEFENDANT has received completed W-9s forms for both PLAINTIFF and PLAINTIFF's counsel. D. PLAINTIFF will voluntarily resign from her employment, effective on the Effective Date of this Agreement. Simultaneously with PLAINTIFF'S' execution of this Agreement, she shall sign and return the Letter of Resignation attached hereto. Prior to the effective date of PLAINTIFF'S resignation, she will be placed on voluntary paid administrative leave, effective immediately unless PLAINTIFF executes the Agreement on or after May 21, 2026, in which case the paid administrative leave will be effective May 28, 2026. PLAINTIFF will remain on paid administrative leave until the Effective Date of this Agreement. During PLAINTIFF'S paid administrative leave, PLAINTIFF shall not return to the workplace. PLAINTIFF acknowledges and agrees that upon the Effective Date of this Agreement, PLAINTIFF'S resignation is deemed accepted by DEFENDANT, is irrevocable, and is not subject to being set aside by any judicial or administrative action, none of which shall be instituted by PLAINTIFF. DEFENDANT agrees that no adverse note or comment shall be placed in PLAINTIFF'S personnel file relating to PLAINTIFF'S resignation or any other matter without notification of PLAINTIFF and her counsel, other than the necessary documentation indicating that she resigned. DEFENDANT will not place any comments in her personnel file that indicate PLAINTIFF is ineligible for rehire. III. GENERAL PROVISIONS A. City Council Approval. The PARTIES understand and agree that this Agreement is contingent upon approval by the City of Redlands' City Council and will not become effective and enforceable unless and until the City Council approves the Agreement. B. No Representation of Tax Liabilities. No PARTY, including the attorneys for any PARTY, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. DEFENDANT does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. PLAINTIFF agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. PLAINTIFF agrees to indemnify and hold the EMPLOYER and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may C 13394809.1 RE035-054 be incurred as a result of any dispute over payment of the Settlement Proceeds arising between PLAINTIFF and PLAINTIFF'S attorneys. C. Materials Produced Pursuant to Protective Order. Pursuant to the agreed upon Stipulated Protective Order, DEFENDANT and PLAINTIFF shall destroy or return to the producing Party all copies of all documents designated "Confidential" that have been produced during the discovery process of the Lawsuit which are in their possession, custody, or control. The Parties and their attorneys will also recover any and all copies of these documents that they distributed to third parties and shall destroy or return those to the producing Party. D. Each Party to Bear Own Fees and Costs. Aside from what is specifically provided for in this Agreement, each PARTY shall bear their own costs, expenses and attorneys' fees incurred in connection with the proceedings and/or events resulting in and/or preceding this Agreement, or in connection with any other claims made or investigated by either PARTY against the other in any forum (civil, criminal, administrative or quasi -administrative), and each of the PARTIES hereto expressly waive any claim for recovery of any such costs, expenses or attorneys' fees from the other PARTY. Attorneys for all PARTIES to this Agreement do likewise expressly waive any claim for recovery of costs, expenses and/or attorney's fees from the opposing PARTY. Neither PARTY shall be deemed a "prevailing party" by virtue of executing this Agreement. E. No Prior Assignments. PLAINTIFF represents that she has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against DEFENDANT. F. Enforcement. This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California, without regard to any conflicts -of -laws principles that would require the laws of any other jurisdiction to apply. The PARTIES agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of San Bernardino, State of California. The PARTIES further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the PARTIES allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations. G. Covenant to Effectuate Agreement. Each PARTY hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the PARTIES to this Agreement. H. Covenant Not to Sue. To the extent permitted by applicable law, PLAINTIFF promises not to file any lawsuits in any court, or any demand for arbitration, against any of the Releasees as it relates to any Released Claims. I. Waiver of Terms of Agreement. No waiver by any PARTY of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the PARTY to be charged or held bound. It is further understood and agreed that if, at any time, a breach of any term of this Agreement is 7 13394809.1 RE035-054 asserted by any PARTY hereto, that PARTY shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including, but not limited to, damages. J. No Duress or Undue Influence. The PARTIES represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any PARTY, entering into this Agreement. K. Consultation with Counsel. The PARTIES affirm that, prior to execution of this Agreement, they have consulted with their respective legal counsel/representatives concerning the terms and conditions set forth herein, and that they understand the advice provided to them. L. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the PARTIES hereto regarding the subject matter of this Agreement. Any prior agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect. This Agreement may not be modified unless agreed to and signed by the PARTIES. M. Interpretation. This Agreement has been jointly negotiated and drafted by the PARTIES. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the PARTIES. Captions and headings of the sections and paragraphs of this Agreement are intended solely for convenience, and no provision of this Agreement is to be construed by reference to the caption or heading of any section or paragraph. N. Severability. In the event that any one or more provisions of this Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement but this Agreement shall in all other respects remain unmodified and continue in force and effect. O. No Precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to DEFENDANT under local, state or federal law, rule, policy or agreement or to establish a precedent in this or any other matter, now or in the future. Nothing in this Agreement affects any CITY policies, practices, rules, or terms of any applicable collective bargaining agreement or memorandum of understanding. P. Non -Disparagement. PARTIES agree not to disparage each other. "Disparage" as used herein shall mean any communication, oral or written, of false information or the communication of information with reckless disregard to its truth, or falsity. Nothing in this Agreement prevents PLAINTIFF from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that PLAINTIFF has reason to believe is unlawful. Q. Confidentiality and Disclosure of Terms. Except as disclosed herein, the Parties each agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily and publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any information related to the negotiations of this Agreement that DEFENDANT may be required to disclose pursuant to 8 13394809.1 RE035-054 the requirements of the Ralph M. Brown Act, Government Code section 54950, et seq., the California Public Records Act, Government Code section 7931.000, et seq., Redlands Municipal Code Chapter 2.60, or the provisions of any other law or regulation requiring disclosure of information by public entities. R. Execution of Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed. S. Acknowledgement of Full Understanding. PLAINTIFF acknowledges and agrees that PLAINTIFF has fully read, understands, and voluntarily enters into this Agreement. PLAINTIFF acknowledges and agrees that PLAINTIFF has had an opportunity to ask questions and consult with an attorney before signing this Agreement. PLAINTIFF further acknowledges that PLAINTIFF'S signature below is an agreement to release DEFENDANT and the Releasees from any and all claims that can be released as a matter of law. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE BY GENEVA HOLZER OF ALL KNOWN AND UNKNOWN CLAIMS AS SPECIFIED HEREIN. IN WITNESS WHEREOF, the Parties hereto have executed the Settlement Agreement and General Release. Dated: 5-hl 2 p By: PI mtiff, Genev Holzer Dated: p By: �'zo- � ),/ Defendant, City of Kedlands ATTEST: Je nne Donaldson, City 4�✓ By: Mario Saucedo Its: Mayor 13394809.1 RE035-054 LETTER OF RESIGNATION May 2 -1, 2026 Janice McConnell Assistant City Manager/Interim Human Resources Director CITY OF REDLANDS 35 Cajon St., Suite 200 Redlands, CA 92373 jmcconnell@cityofredlands.org Re: Resignation Ms. McConnell: Please accept this as my voluntary and irrevocable resignation from employment with the CITY OF REDLANDS effective on the Effective Date of this SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS as set forth in Section I.F. Very truly yours, GENEVA HOLZER 10 13394809.1 RE035-054