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7 EMPLOYMENT AGREEMENT
BETWEEN CITY OF PALO ALTO
AND
Matthew Raschke
THIS AGREEMENT is between the City of Palo Alto, a municipal corporation and chartered city ("City") and Matthew Raschke (“Raschke”) . It is effective on the latest date next to the signatures on the last page.
This Agreement is entered into on the basis of the following facts:
A. City, acting by and through its City Council, wishes to employ Raschke as a Retired Annuitant, subject to the terms and conditions set forth in this Agreement, Resolution Number 10147 the Palo Alto Municipal Code and the Charter of the City of Palo Alto (the "Charter").
B. Under the Public Employees’ Retirement Law and the California Public Employees’ Pension Reform Act of 2013, the City Council may appoint a CalPERS retiree to a Retired Annuitant position without reinstatement from retirement within 180 days of retirement if such appointment is necessary because the retired person has specialized skills needed in performing work of limited duration. The City requires the additional services of a retired annuitant to complete a special project and to perform work in excess of what regular staff are reasonably able to do.
C. Notwithstanding any provision of the City of Palo Alto Merit System Rules and Regulations, the Retired Annuitant serves on an at-will basis, with no expectation of continued employment, and with no right to pre-or post- separation due process or appeal.
D. Raschke desires to be employed by the City as a Retired Annuitant Extra Help Senior Engineer, subject to the terms and conditions in this Agreement, the Palo Alto Municipal Code, the Charter, the Palo Alto Merit System Rules and Regulations, and all other applicable laws, resolutions, and policies.
E. The City and Raschke wish to establish specific terms and conditions relating to compensation and benefits and related matters.
BASED UPON THE FOREGOING, THE CITY AND RASCHKE AGREE AS FOLLOWS:
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7 1.Employment. The City appoints Raschke as a Retired Annuitant for a term not to exceed 24 months to begin on March 25, 2024, or upon CalPERS approval, whichever is later. Except as otherwise provided herein, Raschke’s employment with the City shall be governed by the City Council adopted Compensation Plan for Limited Hourly Employees, as it currently exists and may be changed from time to time.
2.Duties of the Retired Annuitant. Raschke will perform the duties established for the Retired Annuitant Extra Help Senior Engineer by direction given by the Public Works Director, and as otherwise provided by law, resolution, or regulation. Raschke agrees to comply with all federal, state and local laws, ordinances, rules and regulations applicable to or associated with these duties.
2.1.No Conflict. Raschke will not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with or which interferes with the performance of their duties. Raschke acknowledges that they are subject to the various conflict of interest requirements found in the California Government Code and state and local policies and regulations.
2.2.Permission Required for Outside Activities. Raschke will not engage in any employment, activity, consulting service, or other enterprise, for compensation or not, without written permission of the City Council.
3.Salary. While performing the duties of Retired Annuitant, Raschke will receive a base salary within the range for Senior Engineers provided in the City Council-approved Compensation Plan for Management and Professional Personnel and Council Appointees, as it currently exists and may be changed from time to time. Raschke will receive an hourly base rate of one hundred seven dollars and twenty cents ($107.20) per hour, beginning on March 25, 2024, or upon CalPERS approval, whichever is later. This amount is subject to authorized or required deductions and withholding, prorated, and paid on the City's regular paydays. Raschke is a non-exempt employee under applicable wage and hour law.
4.Benefits and Allowances. Pursuant to California Government Code Section 21224, Raschke shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.
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7 5.Duration of Employment. Raschke understands and agrees that he has no constitutionally protected property or other interest in his employment as a Retired Annuitant.
Raschke waives any and all rights, if any, under the Merit System Rules and Regulations, including without limitation, the right to pre-or post-disciplinary due process. Raschke understands and agrees that he works at the will and pleasure of the City and that he may be terminated or asked to resign at any time, with or without cause. Raschke may terminate this agreement (terminating all employment) upon 30 days written notice.
6. Miscellaneous.
6.1.Notices. Notices given under this Agreement shall be in writing and shall be either: a) served personally; or b) sent by facsimile (provided a hard copy is mailed within one (1) business day); or c) delivered by first-class United States mail, certified, with postage prepaid and a return receipt requested; or d) sent by Federal Express, or some equivalent private mail delivery service. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United States mail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a party may change such party's address for notice by giving written notice to the other party in accordance with this subsection.
CITY: Attn: Human Resources
250 Hamilton Avenue, Palo Alto CA 94301
Phone (650) 329-2376
RASCHKE: Matthew Raschke
250 Hamilton Avenue, Palo Alto CA 94301
Phone (650) 329-2100
6.2.Entire Agreement/ Amendment. This Agreement constitutes the entire understanding and agreement between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached herto.
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7 6.3.Applicable Law and Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue of any action regarding this Agreement shall be in the proper court in Santa Clara County.
6.4.Severability. In the 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.
6.5.Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.
6.6.Representation by Counsel. Raschke and the City acknowledge that they each did, or had the opportunity to, consult with legal counsel of their respective choices with respect to the matters that are the subject of this Agreement prior to executing it.
6.7.Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection.
Raschke, Matthew Mayor
Approved as to Form:
City Attorney’s Office