2021 Villalpando, Gilbert - Employment Agrmt Director 2021MEMORANDUM taQu�&a
CALIFORNIA
DATE: August 4, 2021 - - - — —
TO: Jon McMillen, City Manager
FROM: Carla Triplett, Human Resources Analyst
RE: Employment Agreement - Gilbert Villalpando
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
n
1-1
H
Authority to execute this agreement is based upon:
Approved by City Council on 08/03/2021
City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method {one must apply): N/A
Bid ❑ RFP ❑ RFQ ❑ 3 written informal bids
Sole Source ❑ Select Source ❑ Cooperative Procurement
Reauestina department shall check and attach the items below as aDorovriate:
101-1002-fi0101 fi0 %and 241-9101-50101 40% IPer Budget
✓ Agreement payment will be charged to Account No.:
✓❑ Agreement term: Start Date 08/16/2021 End Date N/A
❑ Amount of Agreement, Amendment, Change Order, etc,: $
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Date:
❑ Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
❑ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
❑, Business License No. Expires:
❑_ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AT WILL EMPLOYMENT AGREEMENT
This AT WILL EMPLOYMENT AGREEMENT ("Agreement") is made and
entered into this 16 day of August, 2021 (the "Effective Date"), by and
between the City of La Quinta, a public body (the "City" or "Employer"), and
Gilbert Villalpando, an individual (the "Employee"), both of whom understand
as follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of Employee as the
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 Director.
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 Director of said
City to perform the functions and duties specified in the City of La Quinta
CLASS SPECIFICATION - Director assigned to Business Unit and Housing
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 Director on August 16,
2021, 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.
Page 1 of 9
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.
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 Director (Business Unit & Housing
Development) and the interests of the City.
Section 3. Administrative Leave with Pay.
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
Page 2 of 9
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 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
Page 3 of 9
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 3 of DBM Salary Rating E82 ($143,887.60 annually),
as noted in the Fiscal Year 2021/22 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.
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. Ail
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 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.
Page 4of9
Section 10. Other Terms and Conditions of Employment.
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 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 Rights.
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: Gilbert Villalpando
78-495 Calle Tampico
La Quinta, CA 92253
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.
Page 5 of 9
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.
Page 6 of 9
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:
--y
Monika Radeva, City Cle
Date: 8 "1 aJ04
APPROVED AS TO FORM.
William H. Ihrke, City Attorney
Date
EMPLOYER:
CITY OF LA QUINTA
By: vr•
cMillen, City Manager
Date: e84 Z&Z-
EMPLOYEE:
Gilbert Villalpando
Date: 'c) A /2—o z,
Page 7 of 9
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 analysis and recommendations.
2. On -board the new management specialist and management
analyst. '
3. Review the marketing staffs' roles, responsibilities and offer
perspectives/recommendation on finding efficiencies and
improve workflow within the department.
4. Review and discuss the 90-day plans for Marketing Manager
and Business Analyst.
o Within 180 days
1. Implement the recommendations generated from the
personnel and process review.
2. Work with staff to refine the Key Process Indicators (KPIs) and
metrics of economic development projects, marketing, IT,
affordable housing, and legislation.
3. Train staff in improved project management techniques and
contract negotiations.
Review and provide recommendations on affordable housing development,
economic development, and marketing implementation processes.
o Within 90 days
1. Review City owned property and insure compliance with
surplus lands act.
2. Work with the Marketing Manager to revamp, implement and
prioritize a marketing schedule for the promotion of city-wide
projects/ programs for fiscal year.
3. Create a schedule prioritizing all business outreach and future
affordable housing projects for the fiscal year.
o Within 180 days
1. Implement new program software to capture business and
marketing analytics for council and city manager's review.
Review and update the economic development strategic plan and IT disaster
recovery plan.
Page 8 of 9
o Within 90 days
1. Understand the scope, status and implementation of projects
and processes and their role in the city's economic
development.
2. Provide the City Manager with observations/recommendations.
3. Identify staffs' role/responsibilities in each of these activities.
Page 9 of 9