EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF UNION CITY AND JACQUELYN ACOSTA
This Employment Agreement (this “Agreement”) is entered into this Twenty-Eighth Day of January 2026, by and between the City of Union City (“City”) and JACQUELYN ACOSTA (“ACOSTA” or “Annuitant”) collectively referred to as “Parties.”
RECITALS
WHEREAS, on December 29, 2025, Annuitant retired from the City; and WHEREAS, Annuitant has previously served as the Finance Director; and WHEREAS, Annuitant, by virtue of having previously served as a Finance Director employed by the City for 4.5 years, possesses specialized skills needed to perform certain work that the City’s Finance Department must complete in a timely manner. These include the following tasks and projects:
• Audit 401(a) benefits.
• Review and reconcile CALGOVEBA (California Government Voluntary Employee Beneficiary Association), a health benefits trust for California public sector employees.
• Update the Finance Director on the upcoming Dispatch Agreement renewal with the City of Fremont.
• Prepare detailed instructions for Finance staff outlining tasks and timelines for the new Union Landing Property Business Improvement District transition of services. • Assist in completing retirement benefit analysis.
• Work with Finance staff to review Cannabis Community Benefit calculations. • Evaluate grant and other fund sources and propose recommendations to support long-term operations.
• Compile the FY2025–26 vehicle replacement list based on discussions with Public Works.
• Provide information needed to complete the Underground Storage Tank annual certifications.
• Other time-critical finance projects and analysis; and WHEREAS, the City desires to employ the Annuitant as an extra help annuitant for the Finance Director within Finance Department, pursuant to Government Code Section 21224; and
WHEREAS, the California Public Employees Retirement System (“CalPERS”) regulations allow a benefit recipient to work up to 960 hours per fiscal year pursuant to Government Code Section 21224; and
WHEREAS, it is necessary for the City to retain the services of Annuitant, following retirement, as an extra help retired annuitant to assist with financial analysis and the transfer of information; and
WHEREAS, Annuitant desires to accept a part-time and temporary employment contract under the terms and conditions set forth below; and WHEREAS, the City desires by this Agreement to set forth the terms and conditions of Annuitant’s duties and services as an extra help retired annuitant for a limited term as set forth in this Agreement.
AGREEMENT
The Parties hereby agree as follows:
1. SCOPE OF SERVICE. Annuitant shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. Annuitant shall comply with the City’s rules and regulations and she shall obey the laws of the State of California and the United States of America as they apply to the performance of his duties.
2. TERM. The term of this Agreement shall begin on January 28, 2026 and end no later than June 30, 2026. Further, as agreed upon by Parties, Annuitant hereby certifies and understands that she shall not work more than 40 hours per week, nor shall the City be financially responsible for paying Annuitant for work performed in excess of 40 hours per week.
3. EFFECTIVE DATE. This Agreement shall become effective after:
i. This Agreement is approved and executed by Annuitant; and ii. This Agreement is approved and executed by the City Manager.
4. RETIRED ANNUITANT STATUS. It is intended that at all times Annuitant’s postretirement employment shall be in compliance with all laws governing employment of CalPERS retired annuitants, including without limitation Government Code Sections 7522.56 & 21224. Annuitant hereby certifies that she understands that she is solely responsible for monitoring her hours worked and ensuring that she does not work more than 960 hours in a fiscal year (including work performed prior to execution of this agreement and work performed for other employers participating in CalPERS).
5. SERVICES TO BE PERFORMED BY ANNUITANT. Annuitant shall perform the duties of Extra Help for the Finance Director role in the Finance Department or as directed by the City Manager and in accordance with all applicable requirements of federal, state and local laws.
6. COMPENSATION. City shall pay Annuitant for her services hereunder as an extra help annuitant and Annuitant shall accept, as full and complete compensation for said services, the sum of $124.37 per hour. Annuitant shall receive no other payment, benefit, or remuneration other than his hourly wage for her services.
There shall be no deductions from his wages for health insurance (including medical, dental, vision care, life, disability), or payment of overtime, or accrual of vacation leave, or any other similar benefits of whatever kind or nature.
7. INDEMNIFICATION. City agrees, in the event Annuitant is named as a defendant in a civil action arising from or as a result of her performance of duties as Extra Help for the Finance Department to provide Annuitant such indemnification benefits as are required to be provided to an employee of the City under the laws of the State of California, including, but not limited to, the provisions of Government Code Sections 825 et seq. and 995 et seq. This provision shall not apply with respect to any intentional tort or crime committed by Annuitant, or any actions outside the performance of her job duties pursuant to this Agreement.
8. UNEMPLOYMENT INSURANCE. Annuitant hereby certifies that she has not received any unemployment insurance payments in the past 12 months.
9. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding unless in writing and signed by both Parties.
10. GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California and leave for any action concerning the terms of this Agreement shall be in the Superior Court of the County of Alameda.
11. SEVERABILITY. Should any part, term or provision of this Agreement be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and shall in no way be invalidated, impaired or affected thereby.
12. ASSIGNMENT. The Parties agree that the expertise and experience of Annuitant are material considerations for this Agreement. Annuitant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Annuitant’s obligations hereunder.
13. TERMINATION. Annuitant understands that she is an at-will employee and that employment may be terminated by Annuitant or City at any time, for any reason, or for no reason at all. The City’s right of termination shall be in addition to other remedies available under law to the City.
14. WAIVER. Waiver by City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by City of the performance of any work or services by Annuitant shall not be deemed a waiver of any term or condition of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
City of Union City
DATED: ____________________ By: _____________________________ Joan Malloy
City Manager
Approved as to Form:_____________________________
Kristopher J. Kokotaylo
City Attorney
Annuitant
DATED: ____________________ By: _____________________________
JACQUELYN ACOSTA