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Jonasson, Tim / Employment Agreement 16This AMENDED AND RESTATED AT WILL EMPLOYMENT AGREEMENT (the "Amended Agreement") is made and entered into this 7th day of March, 2016 (the "Effective Date"), by and between the City of La Quinta, a public body (the "City" or "Employer"), and Timothy R. Jonasson, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City has employed Employee as the Public Works Director/City Engineer as defined by the Amended and Restated at Will Employment Agreement entered into on the 18th day of April, 2012; and WHEREAS, it is the desire of the City to comply with the statuary requirements of AB 1344 and to update the Amended and Restated at Will Employment Agreement through this Amended Agreement, which will replace the Amended and Restated at Will Employment Agreement; and WHEREAS, the City has reorganized City functions and established a position of Design and Development Director/City Engineer; and WHEREAS, Employee desires to accept the position of Design and Development Director/City Engineer and the changes required by statute and this Amended Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ Employee as the Design and Development Director/City Engineer to perform the functions and duties specified in the City of La Quinta CLASS SPECIFICATION — Director assigned to Design and 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 commenced services as Public Works Director/City Engineer on July 5, 2002, which shall also be deemed the original hire date of Employee. B. Nothing in this Amended 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 tosummary Page 1 of 7 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 Amended Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from hispositionwith Employer, subject only to the provisions set forth in Section 4, paragraph E, of this Amended 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 interestwith the duties of the Design and Development Director/City Engineer and the interests of the City. Section3. Administrative Leave With Pay. Employer may place Employee on Administrative Leave With Pay at any time while employed under this Amended 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 Section53243.4, 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 Amended Agreement, Employee agrees thatCityManager 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 suchconducthas 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 Page 2 of 7 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 Amended 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 Amended 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 Amended Agreement, then Employee shall give Employer at least thirty (30) days advance written notice, unless the parties agree otherwise, and Employee shall not be entitled to any severance pay. Section5. 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. Under this Amended and Restated At Will Employment Agreement, Employer agrees to pay Employee for his services rendered pursuant thereto an annualsalaryof $178,356.14 payable in equal installments at the some time as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.B. hereinafter, or as adjustments are made to the Salary Schedule for all City employees. Page 3 of 7 B. An annual performance and salary evaluation shall be conducted twelve (12) months following the date of the initial hire, and each year thereafter, and the Employee and the City Manager shall establish, review and update Performance - Based Metrics, as presented in Exhibit "A" of this Agreement. These Performance Based Metrics shall be reviewed at least every 120 days and updated annually. All performance and salary evaluations shall be conducted in accordance with the City's Personnel Policies and Procedures. Employee is eligible for an exceptional performance award if an overall exceeds expectations is achieved in a single year. Additionally, if overall performance exceeds expectations for two consecutive years then the Employee's base salary will be increased up to 5%within the pay structure. 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 9, below. Section 8. Automobile. Employee shall provide his own automobile for use in conducting City business. City shall provide a $300/month automobile allowance as well as gas and maintenance reimbursement pursuant to the City approved policy. Section 9. 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 and Development Director/City Engineer pursuant to the Personnel Rules. Employee shall receive eighty (80) hours of Administrative Leave per year in accordance with the Personnel Rules. Section 10. 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. Section 11. 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 termsandconditions are not inconsistent_ with or in conflict with the provisions of this Amended 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 Page 4 of 7 to the benefits specifically set forth herein for the benefit of Employee. Section 12. 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 13. Notices. Notices pursuant to this Amended 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: TIMOTHY R. JONASSON 79755 Declaration Court 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 _14..General -Provisions. A. This Amended Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B. This Amended 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 Amended Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Amended Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. This Amended 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. E. Upon the execution of this Amended Agreement by the City and Page 5 of 7 Employee, the Amended and Restated at Will Employment Agreement entered into on the 18th day of April, 2012 shall be' of no further force and effect and shall be replaced in its entirety by this Amended Agreement. IN WITNESS WHEREOF, the City of La Quinta has caused this Amended Agreement to be dated, signed and executed in its behalf by its City Manager, and duty attested by its City Clerk, and the Employee has dated, signed and executed this Amended Agreement, both in duplicate, to become effective as of the Effective Date. EMPLOYER: CITY OF LA QUINTA B � sty - Ity 4 'M6( ae r Date: City Clerk Date: &- ;-2--. 3 RZOOM 2�� Lead the Design and Development Department, rather than doing project work yourself. o Within 90 days 1. Create a cohesive Design and Development Management team. 2. Give responsibility and authority to the Managers, as they are ready for it. 3 Mentor Maria Casillas to establish and evenly distribute the administrative tasks for the Design and Development Department. oWithin 180 days 1. Mentor Managers to develop their skills, including writing staff reports and giving council presentations. 2. Work with the Design and Development Management Team to define the Key Process Indicators (KPIs) and metrics of the entire design and development process. 3. Create a succession plan for the Design and Development Department. • Ensure that the capital improvement projects (CIP) are completed on -time and on/under budget. o Within 90 days 1. Ensure the additional CIP staff member is hired and on -boarded. 2. The CIP Manager works out the process with Finance to track project budgets by phase to keep a pulse on CIP project expenditures to budget. o Within 120 days 1. CIP Manager is running CIP program with little assistance from the Design and Development Director. 2. CIP Manager is working steadily with Finance on CIP budget and expenditures to the Finance Director's satisfaction. Continue developing and improving Leadership Skills as identified in The Leadership Circle Profile. 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 a new performance and development plan for the next 120 days. Page 7of7 AMENDMENT NO. 1 TO AMENDED AND RESTATED AT WILL EMPLOYMENT AGREEMENT This Amendment No. 1 to Amended and Restated At Will Employment Agreement ("Amendment No. 1) is made and entered into this 6th day of January 2017, by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Timothy R. Jonasson, an individual ("Employee"). RECITALS WHEREAS, the City has employed Employee as the Design and Development Director as defined by the Amended and Restated At Will Employment Agreement ("Agreement") entered into on the 7th day of March, 2016, attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Section 6B states that if Employee's overall performance exceeds expectations for two consecutive years then the Employee's base salary will be increased by 5%. It is the mutual desire of the City and Employee to amend Section 6 [Salary] of the Agreement effective July 1, 2016. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: AMENDMENT 1. Paragraph A of Section 6 [Salary] of the Agreement is hereby amended to read as follows: A. Under this Amendment No. 1, effective July 1, 2016, Employer agrees to pay Employee for his services rendered pursuant thereto an annual salary of $187,273.95 payable in equal installments at the some time as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.B. in the Agreement, or as adjustments are made to the Salary Schedule for all City employees. 2. All terms and conditions of the Agreement that are not expressly modified by this Amendment No. 1 shall remain in full force and effect and, in the event of any inconsistencies between this Amendment No. 1 and the terms of the Agreement, the terms set forth in this Amendment No. 1 shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. IN WITNESS WHEREOF, the City and Employee have executed this Amendment No. 1 to the Amended and Restated At Will Employment Agreement on the respective dates set forth below. EMPLOYER: CITY OF LA QUINTA a California municipal corporation Digitally signed by Frank J. Spevacek DN: serial Number=g8z17znOv50w4d3x, c=US, st= California, )=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2017.01.19 10:55:04-08'00' Dated: Frank J. Spevacek, City Manager ATTEST: Digitally signed y Susan Maysels DIN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quinta.org, c=US Date: 2017.01.19 11:21:55-08'00' Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney EMPLOYEE: Digitally signed by Timothy R Jonasson DN: cn=Timothy R Jonasson, o City La Quinta, ou=Design and Development, email=tlonasson@la-quinta.org, c=US Date: 2017.01.06 07:19:32-08'00' Dated: Timothy R. Jonasson Design & Development Director/City Engineer EXHIBIT A Amended and Restated At Will Employment Agreement entered into on the 7th day of March, 2016, attached hereto and incorporated herein by reference. This AMENDED AND RESTATED AT WILL EMPLOYMENT AGREEMENT (the "Amended Agreement") is made and entered into this 7th day of March, 2016 (the "Effective Date"), by and between the City of La Quinta, a public body (the "City" or "Employer"), and Timothy R. Jonasson, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City has employed Employee as the Public Works Director/City Engineer as defined by the Amended and Restated at Will Employment Agreement entered into on the 18th day of April, 2012; and WHEREAS, it is the desire of the City to comply with the statuary requirements of AB 1344 and to update the Amended and Restated at Will Employment Agreement through this Amended Agreement, which will replace the Amended and Restated at Will Employment Agreement; and WHEREAS, the City has reorganized City functions and established a position of Design and Development Director/City Engineer; and WHEREAS, Employee desires to accept the position of Design and Development Director/City Engineer and the changes required by statute and this Amended Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ Employee as the Design and Development Director/City Engineer to perform the functions and duties specified in the City of La Quinta CLASS SPECIFICATION — Director assigned to Design and 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 commenced services as Public Works Director/City Engineer on July 5, 2002, which shall also be deemed the original hire date of Employee. B. Nothing in this Amended 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 tosummary Page 1 of 7 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 Amended 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 Amended 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 Design and Development Director/City Engineer 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 Amended 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 Amended Agreement, Employee agrees thatCityManager will furnish notice of termination at leastthirty (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 suchconducthas 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 Page 2 of 7 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 Amended 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 Amended 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 Amended Agreement, then Employee shall give Employer at least thirty (30) days advance written notice, unless the parties agree otherwise, and Employee shall not be entitled to any severance pay. Section5. 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 some basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. A. Under this Amended and Restated At Will Employment Agreement, Employer agrees to pay Employee for his services rendered pursuant thereto an annualsalaryof $178,356.14 payable in equal installments at the some time as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.B. hereinafter, or as adjustments are made to the Salary Schedule for all City employees. Page 3 of 7 B. An annual performance and salary evaluation shall be conducted twelve (12) months following the date of the initial hire, and each year thereafter, and the Employee and the City Manager shall establish, review and update Performance - Based Metrics, as presented in Exhibit "A" of this Agreement. These Performance Based Metrics shall be reviewed at least every 120 days and updated annually. All performance and salary evaluations shall be conducted in accordance with the City's Personnel Policies and Procedures. Employee is eligible for an exceptional performance award if an overall exceeds expectations is achieved in a single year. Additionally, if overall performance exceeds expectations for two consecutive years then the Employee's base salary will be increased up to 5%within the pay structure. 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 9, below. Section 8. Automobile. Employee shall provide his own automobile for use in conducting City business. City shall provide a $300/month automobile allowance as well as gas and maintenance reimbursement pursuant to the City approved policy. Section 9. 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 and Development Director/City Engineer pursuant to the Personnel Rules. Employee shall receive eighty (80) hours of Administrative Leave per year in accordance with the Personnel Rules. Section 10. 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. Section11. 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 termsandconditions are not inconsistent_ with or in conflict with the provisions of this Amended 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 Page 4 of 7 to the benefits specifically set forth herein for the benefit of Employee. Section 12. 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 13. Notices. Notices pursuant to this Amended 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: TIMOTHY R. JONASSON 79755 Declaration Court 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 _14..General -Provisions. A. This Amended Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B. This Amended 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 Amended Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Amended Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. This Amended 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. E. Upon the execution of this Amended Agreement by the City and Page 5 of 7 Employee, the Amended and Restated at Will Employment Agreement entered into on the 18th day of April, 2012 shall be' of no further force and effect and shall be replaced in its entirety by this Amended Agreement. IN WITNESS WHEREOF, the City of La Quinta has caused this Amended Agreement to be dated, signed and executed in its behalf by its City Manager, and duty attested by its City Clerk, and the Employee has dated, signed and executed this Amended Agreement, both in duplicate, to become effective as of the Effective Date. 3 RZOOM Exhibit "A" I Lead the Design and Development Department, rather than doing project work yourself. o Within 90 days 1. Create a cohesive Design and Development Management team. 2. Give responsibility and authority to the Managers, as they are ready for it. 3 Mentor Maria Casillas to establish and evenly distribute the administrative tasks for the Design and Development Department. oWithin 180 days 1. Mentor Managers to develop their skills, including writing staff reports and giving council presentations. 2. Work with the Design and Development Management Team to define the Key Process Indicators (KPIs) and metrics of the entire design and development process. 3. Create a succession plan for the Design and Development Department. • Ensure that the capital improvement projects (CIP) are completed on -time and on/under budget. o Within 90 days 1. Ensure the additional CIP staff member is hired and on -boarded. 2. The CIP Manager works out the process with Finance to track project budgets by phase to keep a pulse on CIP project expenditures to budget. o Within 120 days 1. CIP Manager is running CIP program with little assistance from the Design and Development Director. 2. CIP Manager is working steadily with Finance on CIP budget and expenditures to the Finance Director's satisfaction. Continue developing and improving Leadership Skills as identified in The Leadership Circle Profile. 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 a new performance and development plan for the next 120 days. Page of 7 AMENDMENT NO.1 TO AMENDED AND RESTATED AT WILL EMPLOYMENT AGREEMENT This Amendment No. 1 to Amended and Restated At Will Employment Agreement ("Amendment No. 1) is made and entered into this 6th day of January 2017, by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Timothy R. Jonasson, an individual ("Employee"). RECITALS WHEREAS, the City has employed Employee as the Design and Development Director as defined by the Amended and Restated At Will Employment Agreement ("Agreement") entered into on the 7th day of March, 2016, attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Section 6B states that if Employee's overall performance exceeds expectations for two consecutive years then the Employee's base salary will be increased by 5%. It is the mutual desire of the City and Employee to amend Section 6 [Salary] of the Agreement effective July 1, 2016. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: AMENDMENT 1. Paragraph A of Section 6 [Salary] of the Agreement is hereby amended to read as follows:. A. Under this Amendment No. 1, effective July 1, 2016, Employer agrees to pay Employee for his services rendered pursuant thereto an annual salary of $187,273.95 payable in equal installments at the same time as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.6. in the Agreement, or as adjustments are made to the Salary Schedule for all City employees. 2. All terms and conditions of the Agreement that are not expressly modified by this Amendment No. 1 shall remain in full force and effect and, in the event of any inconsistencies between this Amendment No. 1 and the terms of the Agreement, the terms set forth in this Amendment No. 1 shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. IN WITNESS WHEREOF, the City and Employee have executed this Amendment No. 1 to the Amended and Restated At Will Employment Agreement on the respective dates set forth below. EMPLOYER: CITY OF LA QUINTA a California municipal corporation Digitally signed by Frank J. Spevacek DN: serialNumber=g8z17zn0v50w4d3x, c=US, st=California, I=La Quinta, o=Frank J.Spevacek,cn=FrankJ.Spevaeek Date: 2017.01.19 10:55:04-08'00' Dated: Frank J. Spevacek, City Manager ATTEST: Digitally signed by Susan Maysels Dh7: C eoffice,Susan Maysels, s City of La Quinta, ou=Cferk's ©�e, email=smaysels@fa-quinta.org, C=US Date: 2017,01.19 11:21:55-08'00' Susan Maysels, City Clerk APPROVED AS TO FORM: GLI. iiai. 7R' _7s.n� William H. Ihrke, City Attorney EMPLOYEE: Digitally signed by Timothy RJonasson DN: cn=Tlmothy R Jonasson, o=City of La Quinta, ou=Design and Development emall=tjonasson@la-qulnta,org, c=US Date: 2017.41.11E 07; 19:32-08'00' Timothy R. Jonasson Design & Development Director/City Engineer Dated: EXHIBIT A Amended and Restated At Will Employment Agreement entered into on the 7th day of March, 2016, attached hereto and incorporated herein by reference. AMENDMENT NO. 2 TO AMENDED AND RESTATED AT WILL EMPLOYMENT AGREEMENT This Amendment No. 2 to Amended and Restated At Will Employment Agreement ("Amendment No. 2") is made and entered into this day of 2017, by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Timothy R. Jonasson, an individual ("Employee"). RECITALS WHEREAS, the City has employed Employee as the Design and Development Director as defined in the Amended and Restated At Will Employment Agreement ("Agreement") entered into on the 7th day of March, 2016, attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, the City entered into Amendment No. 1 to Amended and Restated At Will Employment Agreement on the 6th day of January, 2017, attached hereto and incorporated herein by reference as Exhibit B; and WHEREAS, Section 2A of the Agreement states that employee commenced services as Public Works Director/City Engineer on July 5, 2002, which shall be deemed the original hire date of Employee. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: AMENDMENT 1. Section 2. Term, Paragraph of the Agreement is hereby amended to read as follows: A. Employee commenced services as Public Works Director/City Engineer on July 22, 2002, which shall be deemed the original hire date of Employee. 2. All terms and conditions of the Agreement that are not expressly modified by this Amendment No. 2 shall remain in full force and effect and, in the event of any inconsistencies between this Amendment No. 2 and the terms of the Agreement, the terms set forth in this Amendment No. 2 shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. IN WITNESS WHEREOF, the City and Employee have executed this Amendment No. 2 to the Amended and Restated At Will Employment Agreement on the respective dates set forth below. EMPLOYER: CITY OF LA QUINTA a California municipal corporation Digitally signed by Frank J. Spevacek DN: seria1Number=g8z17zn0v50w4d3x, c=US, st=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2017.03.14 09:09:54-07'00' Dated: Frank J. Spevacek, City Manager ATTEST: Digitally signed y Susan Maysels DN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quinta.org, c=US Date: 2017.03.14 09:17:53-07'00' Susan Maysels, City Clerk APPROVED AS TO FORM: &-11 —1—W . 1 �/'-- William H. Ihrke, City Attorney EMPLOYEE: Digitally signed by Timothy R Jonasson ��•DN: cn=Timothy R Jonasson, o=City La Quinta, ou=Design and Development,, 1 EXHIBIT A Amended and Restated At Will Employment Agreement entered into on the 7th day of March, 2016, attached hereto and incorporated herein by reference. EXHIBIT B Amendment No. 1 to the Amended and Restated At Will Employment Agreement entered into on the 6th day of January, 2017, attached hereto and incorporated herein by reference.