AGREEMENT FOR TEMPORARY EMPLOYMENT OF RETIRED ANNUITANT AS INTERIM DEPUTY DIRECTOR OF PUBLIC WORKS (Gov. Code § 21221(h)) This Employment Agreement ("Agreement") is made and entered into this ___ day of __________ 2026, by and between the City of Pacifica ("City"), a California municipal corporation, and Raymund Donguines, an individual (collectively, the "Parties"), on the following terms and conditions:
RECITALS
A. Government Code section 21221(h) of the Public Employees' Retirement Law permits the City Council, as the governing body of the City, to appoint a retiree of the California Public Employees’ Retirement System (“CalPERS”) to a vacant position requiring specialized skills during recruitment for a permanent appointment.
B. The position of Deputy Director of Public Works - Field Services and Engineering/City Engineer became vacant effective June 26, 2026.. The City is actively recruiting to fill the position on a permanent basis and has determined that an interim temporary appointment is necessary to ensure continuity of operations during the recruitment and selection process.
C. Raymund Donguines, having formerly served as a Civil Engineer and possessing over twentyfive (25) years of progressively responsible engineering and public works experience with local government agencies, has the qualifications, experience, expertise, and abilities necessary to perform the duties of the vacant position on an interim basis.
D. Raymund Donguines is a retired annuitant and person receiving a benefit from CalPERS within the meaning of Government Code §§ 7522.56 and 21221(h). Raymund Donguines 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 2025/2026 fiscal year, 2026/2027 fiscal year, or for any additional or subsequent fiscal year, and that his compensation is statutorily limited as provided in Government Code §§ 7522.56(d) and 21221(h). Raymund Donguines represents that he has not received unemployment compensation arising from prior employment with any CalPERS agency during the twelve-month period preceding the effective date of this Agreement, that his CalPERS retirement date became effective prior to the 180-day period preceding the effective date of this Agreement, that he has not received a retirement incentive upon retirement within the meaning of Government Code § 7522.56(g), that he has attained normal retirement age within the meaning of Government Code § 21220.5, and that he otherwise satisfies all requirements for retired annuitant employment.
E. Raymund Donguines desires to provide interim services to City under the terms of this Agreement and City desires to temporarily employ Raymund Donguines pursuant to Government Code section 21221(h) while recruitment for a permanent appointment is conducted, subject to the terms and conditions set forth herein.
OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:
1. Position and Duties
1.1 Position
Raymund Donguines accepts temporary employment with City as a retired annuitant to serve in the position of Interim Deputy Director of Public Works - Field Services and Engineering/City Engineer. Rayumd Donguines shall perform the duties and functions as set forth in class specification attached as Exhibit A. Raymund Donguines shall report directly to the Public Works Director or designee.
1.2 Term
Raymund Donguines shall commence the performance of his duties on July 13, 2026 ("Commencement Date"),and only after approval of the interim appointment by the City Council. This Agreement shall expire upon the first of the following to occur:
(i) July 12, 2027;
(ii) Appointment of a permanent employee to the position of Deputy Director of Public Works - Field Services and Engineering/City Engineer; or
(iii) Termination of the Agreement by either Raymund Donguines or City as provided in Section 4 [Termination] of this Agreement.
1.3 Retired Annuitant Interim Appointment
The Parties acknowledge that this appointment is intended to comply with Government Code section 21221(h) and is being made solely to fill a vacant position while recruitment for a permanent replacement is conducted. Nothing contained herein shall be construed as creating any right to permanent employment. The Parties have each had the opportunity to submit this Agreement to CalPERS to review and confirm that Raymond Donguines’s retirement status with CalPERS will not be jeopardized by the temporary employment as set forth in this Agreement. City shall not be responsible for any CalPERS-related losses, expenses, liabilities or impacts which Raymund Donguines may incur in connection with this Agreement.
1.4 At-Will
Raymund Donguines acknowledges that he is an at-will, temporary retired annuitant employee of the City who shall serve at the pleasure of the City at all times during the period of his service under this Agreement and that his employment may be terminated at any time and for any or no reason, with or without cause, as provided for in Section 4 [TERMINATION] of this Agreement or by operation of California or federal law. The terms of the City's personnel rules, policies, procedures, ordinances, resolutions, or Municipal Code (collectively, "Personnel Policies") shall not apply to Raymund Donguines to the extent such Personnel Policies conflict with this Agreement.
Nothing in this Agreement is intended to, or does, confer upon Raymund Donguines any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City to terminate his employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement.
Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Raymund Donguines, as provided in Section 1.2 [Term] or Section 4 [Termination].
Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Raymund Donguines to resign at any time from this employment as a retired annuitant with the City, subject only to the provisions set forth in Section 1.2 [Term] or Section 4 [Termination] of this Agreement.
This at-will Employment Agreement shall be expressly subject to the rights and obligations of the City and Raymund Donguines, as set forth in Section 1.2 [Term] and Section 4 [Termination] below.
1.5 Hours of Work
Raymund Donguines shall devote the time necessary to adequately provide services. The Parties anticipate that Raymund Donguines will work approximately twenty (20) hours per week during regular City business hours. Raymund Donguines shall have flexibility in setting his schedule provided he maintains reasonable availability to City management and staff and complies with applicable CalPERS requirements. Raymund Donguines shall not work in excess of forty (40) hours in any workweek without prior written authorization of the City Manager.
1.6 Other Activity
In accordance with Government Code section 1126, during the period of his employment, Raymund Donguines shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any business, commercial, or professional activity, whether or not for compensation, that is or may be competitive with the City, that may create a conflict of interest with the City, or that otherwise may interfere with the performance of his duties or the operations of the City.1.7 Reasonable Reimbursement of Expenses
In accordance with City policy and practice, Raymund Donguines may submit and receive reimbursement for necessary and reasonable expenses incurred in connection with employment under this Agreement.
2. Compensation
2.1 Rate of Pay
For all services performed by Raymund Donguines under this Agreement, City shall pay Raymund Donguines compensation at the rate of Eighty-Five Dollars and Eighty-One Cents ($85.81) per hour, to be paid according to the payroll schedule in place for City employees and subject to the limitations provided below.
2.2 Compliance with CalPERS Requirements
It is the intent of the Parties to compensate Raymund Donguines only to the extent permitted under Government Code section 21221(h) and corresponding CalPERS regulations and policy statements.
The rate of pay is based on performance of duties comparable to those performed by the position of Deputy Director of Public Works - Field Services and Engineering/City Engineer and is not less than the minimum nor greater than the maximum monthly base salary of that classification, divided by 173.33 to equal an hourly rate, as listed on the City's publicly available pay schedule.
2.2.1 Recording and Reporting of Hours Worked
Raymund Donguines shall comply with all applicable CalPERS regulations governing employment after retirement, including recording and reporting hours worked as required. City shall assist in any required reporting to CalPERS. Additionally, Raymund Donguines shall keep City continually apprised of any hours worked by him for other CalPERS Agencies during the term of this Agreement.
2.3 Benefits
2.3.1 No Benefits
Pursuant to Government Code section 21221(h) and related CalPERS regulations and policy statements, Raymund Donguines shall not receive any benefits commonly provided to regular City employees, including but not limited to health, dental, vision, life insurance, retirement contributions, employee assistance programs, or similar benefits.
3. Vacation and Leave
3.1 No Paid Leave
Raymund Donguines shall not be provided or accrue personal time off, vacation leave, sick leave, administrative leave, paid holidays, compensatory time, or similar paid leave benefits.
4. Termination
4.1 By City
This Agreement may be terminated by City for any reason and at any time, with or without cause, upon written notice to Raymund Donguines. City's sole obligation shall be payment of compensation earned through the effective date of termination.
4.2 By Raymund Donguines
This Agreement may be terminated by Raymund Donguines for any reason fourteen (14) days after written notice to City. City shall have the option, in its complete discretion, to make Raymund Donguines’s termination effective at any time prior to the termination date given by Raymund Donguines, provided City pays him all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day actually worked. It is understood and agreed that any notice of termination should be given as soon as practicable and in the best interest of City.
4.3 No Notice for Expiration
Nothing in this Section shall require advance notice for expiration of the Agreement pursuant to Section 1.2.
4.4 Termination Obligations
Raymund Donguines agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belong to the City and shall be returned promptly to the City upon termination of Raymund Donguines' employment. Raymund Donguines' obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.4.5 No Benefits Upon Termination
Raymund Donguines shall not be entitled to any benefits, severance pay or post-employment benefits upon termination.
5. Proprietary Information
“Proprietary Information” is all information and any idea 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. All Proprietary Information not generally known outside of City’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by City, Raymund Donguines 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, City shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. Raymund Donguines' obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.6. Conflict of Interest Raymund Donguines represents and warrants that he has no financial or other interest, direct or indirect, that would conflict in any manner or interfere in any way with performance of duties under this Agreement and agrees not to acquire such an interest during the term of this Agreement.
7. General Provisions
7.1 Recitals
The Recitals are incorporated into this Agreement as though fully set forth herein.
7.2 Vehicle Operation
Raymund Donguines shall operate any vehicle used in connection with employment in a safe and lawful manner and shall maintain a valid driver's license.
7.3 Notices
All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or email or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and/or at the last known address maintained in Raymund Donguines’s personnel file. Raymund Donguines 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 Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Attn: City Manager
Ray Donguines’s Address:
[Last updated address maintained in personnel file]
7.4 Indemnification
In accordance with Government Code sections 995 through 996.6 and other applicable law, City shall defend and indemnify Raymund Donguines against and for losses sustained by him arising out of any acts or omission occurring within the scope of his employment under this Agreement.
7.5 Integration
This Agreement is intended to be the final, complete, and exclusive statement of the terms of Raymund Donguines’s employment by City. 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 Raymund Donguines, 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 him and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
7.6 Amendments
This Agreement may only be amended by a written instrument signed by both Parties.
7.7 Waiver
Failure to exercise any right under this Agreement shall not constitute a waiver.
7.8 Assignment. Raymund Donguines shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Raymund Donguines, assign its rights and obligations hereunder.
7.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
7.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and any action in connection with or arising out of this Agreement or any dispute between the parties shall be commenced and maintained in the Superior Court of the State of California for the County of San Mateo or the United States District Court for the Northern District of California.
7.11 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 example 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 purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest, or assert that this Agreement was modified, cancelled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel.
7.12 Acknowledgment. Raymund Donguines acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and Raymund Donguines has signed and executed this Agreement, as of the date first indicated above.
CITY OF PACIFICA
By: _______________________________
Sean Charpentier, City Manager
Date: _____________________________
APPROVED AS TO FORM:
By: _______________________________
Michelle Kenyon, City Attorney
Date: _____________________________
RAYMUND DONGUINES
By: _______________________________
Date: _____________________________