2018 Castro, Danny - D&D DirectorAT WILL EMPLOYMENT AGREEMENT
This AT WILL EMPLOYMENT AGREEMENT ("Agreement") is made and entered
into this 30 day of July, 2018 (the "Effective Date"), by and between the City of
La Quinta, a public body (the "City" or "Employer"), -and Delfin P. Castro, Jr., an
individual (the "Employee"), both of whom understand as follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of Employee as the Design &
Development Director as defined by the job description referenced herein; and
WHEREAS, it is the desire of the City to establish certain conditions of
employment and to set working conditions of Employee; and
WHEREAS, Employee desires to accept employment as the Design &
Development Director of City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1. Duties.
Employer hereby agrees to employ said Employee as Design & Development
Director of said City to perform the functions and duties specified in the City of La
Quinta CLASS SPECIFICATION - Director assigned to Design & Development and as
provided by state or federal law, and to perform other legally permissible and proper
duties and functions as the City Manager shall from time to time assign.
Section 2. Term.
A. Employee shall commence services as Design & Development Director on
July 30, 2018, which shall also be deemed the effective date of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the City Manager acting for the City to terminate the services of Employee
at any time, with or without cause subject only to the provisions set forth in Section 4,
paragraphs A and B, of this Agreement. Employee is an "AT WILL" employee serving
at the pleasure of the City Manager and subject to summary dismissal without any
right of pre- or post -termination hearing, or any other form of due process, including
any Skelly hearing.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the Employee to resign at any time from his position with Employer,
subject only to the provisions set forth in Section 4, paragraph E, of this Agreement.
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D. Employee, with prior written approval of the City Manager, may
undertake outside professional activities for compensation, including consulting,
teaching, speaking and writing provided they do not interfere with Employee's normal
duties and are done only during vacation or other unpaid time of Employee and are
not done with any existing vendors or contractors of the City. Under no circumstances
shall such outside activities create a conflict of interest with the duties of the Design &
Development Director and the interests of the City.
Section 3. Administrative Leave With Pov.
Employer may place Employee on Administrative Leave With Pay at any time
while employed under this Agreement. Employee shall be entitled to full pay and
benefits during this time. However, if the purpose of placing Employee on
Administrative Leave With Pay is to conduct an investigation into potential
wrongdoing, and after that investigation, Employee is convicted of a crime involving
abuse of his office or position, then pursuant to Government Code Section 53243,
Employee shall be required to fully reimburse Employer for any salary or benefits
received while on Administrative Leave With Pay. "Abuse of office or position" shall be
as defined in Government Code Section 53243.4, as may be amended.
Section 4. Discipline, Termination and Severance Pay.
A. In the event Employee is terminated by the City Manager during such
time that Employee is willing and able to perform his duties under this Agreement,
Employee agrees that City Manager will furnish notice of termination at least thirty
(30) days prior to the effective date of termination and Employer agrees to pay
Employee a lump sum cash payment equal to six (6) month's base salary. Pursuant to
Government Code Section 53243.2, if Employee is later convicted of a crime involving
abuse of office or position, then any severance paid under this Section 4.A shall be
returned by Employee to Employer.
B. Employee may be terminated at any time for willful misconduct or abuse
of his office or position. The determination of what constitutes willful misconduct
shall be within the sole discretion of the City Manager; provided that it shall relate to
the welfare of the City. Willful misconduct includes conduct directly related to
conduct in office and the duties in office. It includes the refusal to follow the lawful
directions of the City Manager. It also includes conduct not directly related to the
performance of the official duties of the office when such conduct has a direct and
harmful effect on the welfare or reputation of the City. Evidence of such direct and
harmful effects includes, but is not limited to, conviction of a felony or a crime of
moral turpitude. Abuse of office or position shall be as defined in Government Code
Section 53243.4, as may be amended. In the event that Employee is terminated for
willful misconduct or abuse of office or position, Employer shall have no obligation to
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pay, and shall be prohibited from paying, the severance sum designated in Section 4.A
above, or any severance sum at all.
C. Nothing in this Agreement shall prohibit Employer from imposing
discipline less than termination upon Employee, including written reprimands,
suspensions, or reductions in pay. Employee shall not be entitled to any due process
as a result of the implementation of discipline less than termination, and imposing
lesser discipline does not in any way change Employee's At -Will status.
D. In the event: (1) Employer, at any time while Employee is employed
under this Agreement, reduces the salary or other financial benefits of Employee
(other than a suspension of five (5) working days or less or a temporary reduction in
salary of thirty (30) days or less) in a greater percentage than an applicable across-
the-board reduction of all employees of Employer; or (2) Employer refuses, following
written notice, to comply with any other provision benefiting Employee herein; or (3)
Employee resigns following a formal suggestion by the City Manager that he resign,
then Employee may elect to be "terminated" as of that time, and shall be entitled to
the severance provisions of Section 4.A above.
E. If Employee voluntarily resigns his position while employed under this
Agreement, then Employee shall give Employer at least thirty (30) day advance
written notice, unless the parties agree otherwise, and Employee shall not be entitled
to any severance pay.
Section 5. Disability.
If Employee is permanently disabled or is otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity or health for a period of
six successive weeks beyond any accrued sick leave or for the legal duration of the
Family & Medical Leave Act (whichever is greatest), Employer shall have the option to
terminate this Agreement. Termination pursuant to this Section would not subject the
City to payment of severance benefits as specified under Section 4 above. However,
Employee shall be compensated for any accrued vacation, sick leave, holidays,
administrative leave and other accrued benefits on the same basis as any other
employee of the City pursuant to the Personnel Rules.
Section 6. Salary.
A. Employer agrees to pay Employee for his services rendered pursuant
thereto at Step 6 of DBM Salary Rating E82 ($156,560.26 annually), as noted in the
Fiscal Year 2018/19 salary schedule payable in equal installments at the same time as
other employees of the Employer are paid. Salary may be adjusted in accordance with
Section 6.B. hereinafter (if not at top step), or as adjustments are made to the Salary
Schedule for all City employees.
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B. A probationary performance and salary evaluation shall be conducted six
(6) months following the date of the initial hire based, in part, on Employee's
successful crafting and implementation the Performance -Based Metrics outlined on
Exhibit A of this Agreement.
An annual performance and salary evaluation shall be conducted during the annual
evaluation period for all employees each year thereafter. All performance and salary
evaluations shall be conducted in accordance with the City's Personnel Rules. During
the annual performance and salary evaluation, the City Manager and the Employee
shall develop performance -based compensation metrics upon which the Employee's
performance and compensation adjustments shall be based.
Section 7. Hours of Work.
It is recognized that Employee must devote time outside the normal office
hours to business of the Employer. Administrative leave shall be as provided in the
City Personnel Rules and Section 8, below.
Section 8. Vacation. Sick Leave and Administrative Leave.
Employee shall accrue, and have credited to his personal account, vacation and
sick leave as provided for the Design & Development Director pursuant to the
Personnel Rules. Employee shall receive eighty (80) hours of Administrative Leave per
year in accordance with the Personnel Rules.
Section 9. Other Benefits.
Employee shall be provided with the same health, dental, vision, life insurance
and retirement benefits as other general employees of the City. Employee may also
receive an annual physical examination at City expense.
Employee shall be reimbursed up to $3,000 for moving expenses upon delivery
of receipts.
Section 10. Other Terms and Conditions of Emnlovment.
A. The City Manager, in consultation with Employee, shall fix any such other
terms and conditions of employment, as it may determine from time to time, relating
to the performance of Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, the City's
Municipal Code or any applicable state or federal law.
B. All regulations and rules of the Employer relating to vacation and sick
leave, retirement and pension system contributions, holidays and other fringe benefits
and working conditions as they now exist or hereafter may be amended, shall also
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apply to Employee as they would to other full-time employees of Employer, in addition
to the benefits specifically set forth herein for the benefit of Employee.
Section 11. Sole Riahts.
The severance rights provided in Section 4.A shall constitute the sole and only
entitlement of Employee in the event of termination, other than for willful misconduct
or abuse of power or office, and Employee expressly waives any and all other rights
except as provided herein.
Section 12. Notices.
Notices pursuant to this Agreement shall be given by: (1) email with verification
of delivery; (2) facsimile transmission with confirmation; (3) personal delivery: (4)
overnight delivery service with conformation; or (5) deposit in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
EMPLOYEE: Delfin P. Castro, Jr.
503 Acorn Way
Palm Springs, CA 92262
Notice shall be deemed given as of the date of personal, overnight delivery,
email, or facsimile service or as of the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
Section 13. General Provisions.
A. This Agreement shall constitute the entire agreement between the
parties. No prior oral or written communications are incorporated herein.
B. This Agreement shall be binding upon and inure to the benefit of the
heirs at law and executors of Employee.
C. If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in
full force and effect.
D. This Agreement may be signed in counterparts with signature pages
transmitted by email, facsimile, personal delivery or overnight delivery, all of which
will be treated as originals.
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IN WITNESS,WHEREOF, the City of La Quinta has caused this Agreement to be
dated, signed and executed in its behalf by its City Manager, and duly attested by its
City Clerk, and the Employee has dated, signed and executed this Agreement, both in
duplicate, to become effective as of the Effective Date.
ATTEST:
SIGNED IN COUNTERPARj*
Monika Radevd, Acting City Clerk
Date:
APPROVED AS TO FORM:.
William H. Ihrke, City Attorney
Date:
EMPLOYER:
CITY OF LA QUINTA
By-.
SIGNED IN COUNTERPART
Frank J. Spevacek, City Manager
Date:
EMPLOYEE:
Delfin P. Castro, Jr.
Date: TUnc, --L&r &01
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IN WITNESS,WHEREOF, the City of La Quinta has caused this Agreement to be
dated, signed and executed in its behalf by its City Manager, and duly attested by its
City Clerk, and the Employee has dated, signed and executed this Agreement, both in
duplicate, to become effective as of the Effective Date.
ATTEST:
Monika Radeva, Acting City Clerk
Date: ��Lt 301 29 �
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
William H. Ihrke, City Attorney
Date:
EMPLOYER:
CITY OF LA QUINTA -
g
n eva k, t'%6ager
Datea�
EMPLOYEE:
Delfin P. Castro, Jr.
Date: TV A e— '2-60, ZO 1
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Exhibit "A"
Performance -Based Metrics
Evaluate the Department processes and personnel.
o Within 90 days
1. Evaluate personnel and processes, and provide the City Manager with
your analysis and recommendations.
2. Further on -board the Building Official and launch the
resident/contractor/developer outreach/engagement/data gathering
initiative regarding the building plan check and inspection processes.
3. Review the administrative staffs' roles, responsibilities and offer
perspectives/recommendations.
4. Review and discuss the Department Manager's 90-day plans.
o Within 180 days
1. Implement the recommendations generated from the personnel and
process review.
2. Work with the Design and Development Management Team to refine
the Key Process Indicators (KPIs) and metrics of the entire design and
development process.
3. Identify better ways to integrate Trakit and related automated
systems with Department processes.
Review and provide recommendations on the Capital Improvement Projects (CIP)
development/design and implementation processes.
o Within 90 days
1. Ensure that the additional engineering staff member is hired and on -
boarded or working with the City Engineer, provide recommendations
to engage other design and project development services.
2. Work with the City Engineer to evaluate the CIP and engineering
inspection process and provide the City Manager with
recommendations.
3. Familiarize yourself with the CIP planning, budgeting and engineer's
estimating process and provide the City Manager with
recommendations.
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o Within 120 days
1. Implement the recommendations to the CIP planning, budgeting and
estimating processes.
2. Implement recommendations to the CIP and engineering inspection
processes.
P Engage in the Highway 111 Corridor, Village Make and SilverRock Events Space
Processes.
o Within 90 days
1. Understand the scope, status and implementation activities.
2. Provide the City Manager with observations/recommendations.
3. Identify your role/responsibilities in each of these activities and
embed.
Refine your leadership style and skills.
o Within 90 days - Work with Cindy Henson to define your Leadership
Development Plan
o Within 120 days - Show progress on your Leadership Development Plan.
At 120 days define and present to the City Manager a new performance and
development plan for the next 120 days.
or : O