EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND DANIELLE TELLEZ
THIS AGREEMENT is entered into this 16th day of January, 2024, between the City of Huntington Beach, a Charter City and California municipal corporation, ("City,") and Danielle Tellez, ("Tellez").
RECITALS
The City Manager may, appoint an Interim Director of Human Resources to assist the City, at such salaries or compensation as the Council may by ordinance or resolution prescribe; and
The City desires to temporarily employ the services of Tellez as an Interim Director of Human Resources of the City of Huntington Beach; and
It is the desire of the City to provide certain compensation, establish certain conditions of employment, and to set working conditions of Tellez; and It is the desire of the City to:
(1) Secure and retain the services of Tellez on a temporary basis as set forth herein, and to provide inducement for her to remain in such employment; and (2) To provide a means for terminating Tellez's service at such time as she may be unable fully to discharge her duties, the law requires, or when City may otherwise desire to terminate her employ; and
By entering this Agreement, Tellez desires to acceptemploymentas an Interim Director of Human Resources of the City.
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows:
SECTION 1. DUTIES. City agrees to employ Tellez as an Interim Director of Human Resources of the City to perform the functions and duties of that office including under City Manager's direction, generally providing department management and oversight as further set forth in the Class Specification of Director of Human Resources attached hereto as Exhibit "A," the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as Director of Human Resources as the City Manager shall from time to time assign. Tellez shall devote her full attention and effort to the office and perform the mentioned duties and functions in a professional manner. 23-12402/300432
SECTION 2. STATUS AND TERM.
(a) Tellez shall serve for a definite term for no longer than one year commencing January 17, 2024, and ending on the pay period end date immediately preceding the beginning of the pay period of the permanent appointment, or by not later than Janaury 16, 2025 (Temporary Basis), Notwithstanding the Term of Employment, Tellez shall serve at the pleasure of the City Manager and shall be considered an at-will employee of the City in the capacity of retired annuitant, in compliance with all requirements and limitations as listed in Government Code Sections 7522.56 and 2122(h), and any other relevant provisions of law, commencing upon execution of this agreement, and not to exceed a term of one(1) year. Tellez's total work hours from the effective date of this Agreement through January 16, 2025, shall not exceed nine hundred sixty (960) hours per fiscal year, unless mutually agreedto by the City Manager and Tellez. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Tellez at any time. (c) Tellez may resign at any time from her position with the City as provided herein. The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment. However, shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Tellez's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY. City agrees to pay Tellez for her services rendered pursuant to this Agreement at Non-Associated Range NA0269, at $108.03 per hour (hourly salary), of the City's classification and compensation plan or resolutions or ordinances from time- to-time enacted that govern such compensation for the position of Director of Human Resources.
SECTION 4. OTHER BENEFITS. Tellez shall receive no benefits other than her hourly salary.
SECTION 5. TERMINATION.
(a) The City Manager may terminate the employment of Tellez at any time without advance notice, without just cause, and without payment of severance. (b) In the event Tellez voluntarily resigns, Tellez shall give the City seven (7) calendar days written notice prior to the last workday, unless the City Manager and Tellez otherwise agree.
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(c) It is understood that after notice of termination in any form, Tellez and the City will cooperate to provide for an orderly transition, SECTION 6, FINANCIAL DISCLOSURE.
(a) Tellez shall follow all State laws including the Political Reform Act. In furtherance thereof, Tellez shall report to the City any ownership interest in real propelty within the County of Orange, excluding personal residence. Such reporting shall be made in writing by Tellez to the City within ten (10) calendar days of the execution of this Agreement and, further, within ten (10) calendar days of acquisition of that interest in real property. Additionally, Tellez shall report in writing to the City any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon receipt of notice by Tellez of the intended work or purchase.
(b) In addition, Tellez shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk.
SECTION 7. INDEMNIFICATION. City shall defend and indemnify Tellez in any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Tellez's duties as an employee or officer of City, other than an action brought by City against Tellez, or an action filed against City by Tellez. In addition, the City shall reimburse Tellez documented reasonable expenses forthe travel, lodging, meals, of Tellez should Tellez be subject to such, should an action be pending after termination of Tellez. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Tellez, and pay the amount of any settlement or judgment rendered on that action. Tellez shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action.
SECTION 8. GENERAL PROVISIONS.
(a) The text herein, including recitals, shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective upon execution of this agreement. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect.
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(d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed its behalf by City Council, and Tellez has signed and executed this Agreement, both in duplicate, the day and year first above written.
DANIELLE TELLEZ CITY MANAGER
APPROVED ASTO FORM:
ATTY ATTORNEY
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