CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 1 of 7
CITY OF
HUNTINGTON PARK
City Council
Regular Meeting
Agenda
Tuesday, May 7, 2024
6:00 p.m.
City Hall Council Chambers
6550 Miles Avenue, Huntington Park, CA 90255
Karina Macias
Mayor
Arturo Flores Eduardo “Eddie” Martinez
Vice Mayor Council Member
Jonathan Sanabria Esmeralda Castillo
Council Member Council Member
All agenda items and reports are available for review in the City Clerk’s Office and www.hpca.gov. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk located at 6550 Miles Avenue, Huntington Park, California 90255 during regular business hours, 7:00 a.m. to 5:30 p.m., Monday – Thursday, and at the City Hall Council Chambers during themeeting.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 6550 Miles Avenue, Huntington Park, California or by telephone at (323) 584-6230.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
PLEASE SILENCE ALL CELL PHONES AND OTHER ELECTRONIC
EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.
PLEASE NOTE--The numerical order of items on this agenda is for convenience of reference.
CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 2 of 7
Items may be taken out of order upon request of the Mayor or Members of the City Council.
Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. • The conduct of City Council meetings is governed by the portion of the California Government Code commonly known as the "Brown Act" and by the Huntington Park City Council Meeting Rules of Procedure.
• The City Council meeting is for conducting the City's business, and members of the audience must obey the rules of decorum set forth by law. This means that each speaker will be permitted to speak for three minutes to address items that are listed on the City Council agenda or topics which are within the jurisdictional authority of the City.
• No profanity, personal attacks, booing, cheering, applauding or other conduct disruptive to the meeting will be permitted. Any person not adhering to the Rules of Procedure or conduct authorized by the Brown Act may be asked to leave the Council Chambers.
• All comments directed to the City Council or to any member of the City Council must be directed to the Mayor (or Chairperson if Mayor is absent).
We ask that you please respect the business nature of this meeting and the order required for the proceedings conducted in the Council Chambers.
PUBLIC COMMENT
For both open and closed session, each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items.
All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
ADDITIONS/DELETIONS TO AGENDA
Items of business may be added to the agenda upon a motion adopted by a minimum twothirds vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon the request of staff or Council.
IMPORTANT NOTICE
The City of Huntington Park shows replays of City Council Meetings on Local Access Channel 3 and over the Internet at www.hpca.gov. NOTE: Your attendance at thispublic meeting may result in the recording and broadcast of your image and/or voice.
CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 3 of 7
CALL TO ORDER
ROLL CALL
Mayor Karina Macias
Vice Mayor Arturo Flores
Council Member Eduardo “Eddie” Martinez
Council Member Jonathan Sanabria
Council Member Esmeralda Castillo
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. RECOGNITION OF HUNTINGTON PARK HIGH SCHOOL DEBATE TEAM
2. PROCLAMTION FOR OLDER AMERICANS’ MONTH
3. RECOGNITION OF LOCAL EDUCATOR(S) AND VOLUNTEERS
PUBLIC COMMENT
Pursuant to Government Code Section 54954.3(a) Members of the public will have an opportunity to address the City Council on items listed on this agenda. For items on this agenda each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another.
STAFF RESPONSE
RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(1)
Los Angeles Superior Court Case No. 20STCPO3947
Construction Industry Force Account Council v. City of Huntington Park
2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency designated representatives: Ricardo Reyes
Employee organization: Huntington Park POA
CLOSED SESSION ANNOUNCEMENT
CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 4 of 7
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action.
CITY CLERK
1. CITY COUNCIL MEETING MINUTES
RECOMMENDED THAT CITY COUNCIL:
Approve Minute(s) of the following City Council Meeting(s):
1. Special City Council Meeting held April 18, 2024
FINANCE
2. CHECK REGISTERS
RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrant(s) dated May 7, 2024
CITY MANAGER
3. SECOND READING OF THE CITY OF HUNTINGTON PARK ORDINANCE AMENDING SECTIONS 2-1.102 AND 2-1.103 OF ARTICLE 1, CHAPTER 1 OF TITLE 2 OF THE HUNTINGTON PARK MUNICIPAL CODE INCREASING THE
SALARY OF MEMBERS OF THE CITY COUNCIL PURSUANT TO AND
CONSISTENT WITH SENATE BILL 329
RECOMMENDED THAT CITY COUNCIL:
1. Waive full reading and adopt Ordinance by title Ordinance (Attachment 1) amending Sections 2-1.102 and 2-1.103 of the Huntington Park Municipal Code to increase the salary of members of the City Council pursuant to Senate Bill 329.
END OF CONSENT CALENDAR
REGULAR AGENDA
COMMUNITY DEVELOPMENT
4. CONSIDERATION AND APPROVAL FOR RESIDENT CASE FILE WITH THE
OWNER-OCCUPIED REHABILITATION PROGRAM FUNDED WITH THE
CALHOME GRANT IN THE NOT-TO-EXCEED AMOUNT OF $87,365.00.
RECOMMENDED THAT CITY COUNCIL:
CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 5 of 7
1. Authorize the City Manager to approve payment.
5. CONSIDERATION AND APPROVAL TO THE FOURTH AMENDMENT WITH PACIFICA SERVICES, INC. TO PROVIDE LABOR COMPLIANCE SERVICES FOR
A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROJECT IN FISCAL YEAR 2023-2024
RECOMMENDED THAT CITY COUNCIL:
1. Pursuant to Huntington Park Municipal Code section 2-5.19 Formal service contract procedure (b):Exception. When the City Manager or City Council authorizes the hiring of services for which standard specifications cannot be drawn because of: (4) When subjective criteria are necessary to evaluate the proposals; Persons designated by the City Manager shall negotiate for the authorized service. Proposals shall be submitted whenever practicable from at least three (3) firms, except in those cases where a service firm has established such a successful past history of work with the City that it is clearly in the public interest not to negotiate with any other source. The contract for professional services should be awarded to the entity that will provide the best possible service to the City for the best value; and
2. Execute Pacifica Services, Inc.’s Fourth Amendment (Attachment 1) for labor compliance services associated with a Community Development Block Grant (CDBG) funded project in Fiscal Year 2023-2024 for a not-to-exceed amount of $14,935.00 from Account Number FY 239-5030-463-32.40 (Unallocated CDBG Administrative 2023); and
3. Authorize the City Manager to execute the Fourth Amendment.
FINANCE
6. FISCAL YEAR 2024 BUDGET STATUS REPORT AS OF MARCH 31, 2024 RECOMMENDED THAT CITY COUNCIL:
1. Receive and file the FY 2024 Q3 Budget Status report as of March 31, 2024; and
2. Adopt a resolution approving appropriations and inter-departmental budget transfers; and
3. Authorize the Director of Finance in conjunction with the City Manager to align the department budgets with department expenditures through budget transfers.
7. CONSIDERATION AND APPROVAL OF PROFESSIONAL SERVICE
AGREEMENT BETWEEN THE CITY OF HUNTINGTON PARK AND ROBERT
HALF RECRUITERS & EMPLOYMENT AGENCY
RECOMMENDED THAT CITY COUNCIL:
1. Approve the Resolution authorizing an agreement with Robert Half Recruiters & Employment Agency to provide additional staff; and
CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 6 of 7
2. Authorize the City Manager to execute the professional service agreement.
8. CONSIDERATION AND APPROVAL TO CHANGE FUNDING SOURCE FROM THE WATER FUND TO AMERICAN RESCUE PLAN ACT (ARPA) FOR CIP 2021- 04 WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
RECOMMENDED THAT CITY COUNCIL:
1. Approve the change of funding source for CIP 2021-04 Well No. 16 from the Water Fund, Fund No. 681, to the American Rescue Plan Act (ARPA) Fund, Fund No. 113; and
2. Authorize the City Manager and the Finance Director to execute the change in funding source.
CITY CLERK
9. CITY COUNCIL COMMITTEE REORGANIZATION
RECOMMENDED THAT CITY COUNCIL:
1. Consider committee re-assignment to fill committee vacancies left due two newly elected City Council Members; and
2. Consider committee re-assignment or re-affirm current appointments; and
3. Add and/or delete any other temporary subcommittees, as appropriate.
10. COUNCIL APPOINTMENTS TO VARIOUS COMMISSIONS
RECOMMENDED THAT CITY COUNCIL:
1. Make appointments to Commissions consistent with provisions set forth in Resolution No. 2015-19.
END OF REGULAR AGENDA
CITY COUNCIL MEETING AGENDA
May 7, 2024 Page 7 of 7
DEPARTMENTAL REPORTS
WRITTEN COMMUNICATIONS
COUNCIL COMMUNICATIONS
Council Member Esmeralda Castillo
Council Member Jonathan Sanabria
Council Member Eduardo “Eddie” Martinez
Vice Mayor Arturo Flores
Mayor Karina Macias
ADJOURNMENT
The City of Huntington Park City Council will adjourn the meeting to a Regular Meeting on Tuesday, May 21, 2024 at 6:00 P.M.
I, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall and made available at www.hpca.gov not less than 72 hours prior to the meeting. Dated this 4th day of May 2024.
Eduardo Sarmiento, City Clerk
CITY OF HUNTINGTON PARK
FINANCE DEPARTMENT
City Council Agenda Report
May 7, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
FISCAL YEAR 2024 BUDGET STATUS REPORT AS OF MARCH 31, 2024 QUARTER THREE (Q3) OF FISICAL YEAR 2024 (FY 2024) BUDGET STATUS REPORT PRESENTS THE BUDGET VS. ACTUAL REVENUES AND
EXPENDITURES, BUDGET TRANSFERS BETWEEN DEPARTMENTS, PREVIOUSLY
APPROVED BUDGET APPROPRIATIONS AND NEW REQUESTS, AND PURCHASE ORDER ROLLOVERS FROM FISCAL YEAR 2023 (FY 2023).
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Receive and file the FY 2024 Q3 Budget Status report as of March 31, 2024; and
2. Adopt a resolution approving appropriations and inter-departmental budget transfers; and
3. Authorize the Director of Finance in conjunction with the City Manager to align the department budgets with department expenditures through budget transfers.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The FY 2024 budget was originally adopted at a special meeting on June 30, 2023, with the request by the City Manager’s office to provide quarterly updates. As we move through the Fiscal Year adjustments will be needed to align budgets with expenditures, and the adjustments will be brought forward to the City Council for review and approval.
The Q3 FY 2024 revenues and expenditures are consistent with the Budget adopted by the City Council on June 30, 2023. The City Manager’s Office has proposed a quarterly budget reporting to ensure economic trends are quickly addressed with the right budget policy. There will be a Quarterly Budget Status Report presented to City Council every three months as follows:
ITEM 7
CITY OF HUNTINGTON PARK
Finance Department
City Council Agenda Report
May 7, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL OF PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF HUNTINGTON PARK AND ROBERT HALF RECRUITERS & EMPLOYMENT AGENCY
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve the Resolution authorizing an agreement with Robert Half Recruiters & Employment Agency to provide additional staff; and
2. Authorize the City Manager to execute the professional service agreement.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The current job market conditions has presented challenges to all organizations, including the City of Huntington Park, to procure experienced staff to fill open positions throughout the City. The Finance Department, in particular, has open two important positions, the Finance Manager and Accounts Payable positions, that need to be filled with qualified staff to ensure our financial operations meet the expectations of the City Council and residents.
Robert Half Recruiters & Employment Agency has provided high quality accounting and finance assistance to surrounding cities, i.e. City of Bell, City of Bell Gardens and the City of South Gate. Robert Half has the ability, due to their clout in the recruiting industry to attract highly qualified individuals for open positions in Finance, Human Resources and other office staff.
The agreements presented for consideration pertain to all Finance, Human Resources, and general office staff that Robert Half is engaged to recruit. Robert Half provides services for temporary or permanent placement, the temporary employee can be converted into a permanent employee at the City’s discretion. Conversion rates range from 5% to 35% depending on the number of hours that have been previously worked at the City.
CONSIDERATION AND APPROVAL ACCOUNTING/FINANCE SERVICES
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HUNTINGTON
PARK AND ROBERT HALF RECRUITERS & EMPLOYMENT AGENCY
May 7, 2024
At this time, staff recommends approving the Professional Services Agreement to allow departments to augment staffing needs as necessary to meet the demands of each department.
FISCAL IMPACT/FINANCING
There is no additional fiscal impact to the operational budget. There is sufficient funding in the Fiscal Year 2023-2024 Operating Budget that was approved by the City Council on June 30, 2023.
CONCLUSION
Upon City Council approval, the City Manager will execute the First Amendment to the Professional Services Agreement.
Respectfully submitted,
RICARDO REYES
City Manager
JEFF JONES, MBA
Director of Finance
ATTACHMENT(S)
A. Robert Half Contract Staffing Agreement
B. Robert Half Management Resources Agreement
/otcustagr01/
© Robert Half Inc., 2024. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/F/D/V
RH Customer Agreement
This RH Customer Agreement (the “Agreement”) governs transactions by which you retain the services of Robert Half Inc., doing business through its finance & accounting and administrative & customer support practice groups (“RH”), to assist City of Huntington Park (“you’ or “your”) in meeting its contract talent solutions needs.
Part 1 - General
1.1 Definitions
“Professional” means the Professional assigned to you by RH. "Branch" means the RH branch located at the address identified under the Robert Half Inc. signature line of this Agreement. “Services” means the provision of services by the Professional to you.
1.2 Agreement Structure
Additional terms for the Services are included in Exhibit A, attached to this Agreement. RH also provides additional terms for Services in documents called "job arrangement letters” which are also part of this Agreement. All transactions under this Agreement will have a job arrangement letter, which will be sent to you when RH provides Services to you. In order to initiate Services, you will provide RH with notice (e.g., via telephone, e-mail, facsimile or mail) describing the Services you need in reasonable detail. RH will promptly reply to such request and indicate whether RH will or will not provide the requested Services.
If RH elects to provide the requested Services, RH will send you a job arrangement letter.
If there is a conflict among the terms in the various documents, those of this Agreement prevail over those of a job arrangement letter.
You accept the terms in a job arrangement letter by your approval of the Professional’s weekly timesheet or electronic time record.
Services become subject to this Agreement when RH accepts your order by 1) sending you a job arrangement letter, or 2) providing the Services.
1.3 Charges and Payment
Amounts are due and payable as RH specifies in Exhibit A, including the fees payable for directly hiring Professionals and the fees payable if a Professional works overtime, e.g., in excess of 40 hours per week. You agree to pay accordingly, including any late payment fee.
1.4 Changes to the Agreement Terms
For a change to be valid, both parties must sign it. Additional or different terms in any written communication from you (such as a purchase order) are void.
1.5 Limitation of Liability
Circumstances may arise where, because of a default on RH’s part or other liability, you are entitled to recover damages from RH.
Regardless of the basis on which you are entitled to claim damages from RH (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), RH’s liability, if any, will (in the aggregate for all claims, causes of action or damages) be limited to any actual direct damages up to an amount equal to the fees actually paid to RH for the Services that are the subject of the claim. It is understood that you are responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls (including information technology, proprietary information, creative designs and trade secret safeguards) for your company and RH shall not be responsible for any losses, liabilities or claims arising from the lack of such controls or procedures.
Items for Which RH is Not Liable
Under no circumstances is RH liable for any special, incidental, exemplary, indirect, or consequential damages (including, but not limited to, lost business, profits, revenue, goodwill, or anticipated savings), even if informed of the possibility.
1.6 General Principles of Our Relationship
a. Each party will maintain workers' compensation insurance and commercial liability insurance. b. RH will be responsible, to the extent applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for the Professionals. c. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
1.7 Agreement Term
This Agreement will continue for a period of one year after the last date listed below, unless terminated earlier. Either party may terminate this Agreement on thirty days’ written notice to the other.
Either party may terminate this Agreement if the other does not comply with any of its terms, provided the one who is not complying is given written notice and reasonable time to comply.
ATTACHMENT “A”
/otcustagr01/
© Robert Half Inc., 2024. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/F/D/V
Any terms of this Agreement which by their nature extend beyond the Agreement termination remain in effect until fulfilled, including the payment obligations set forth in Section 1.3 above, and apply to each party’s respective successors and assignees.
Warranties
EXCEPT AS SET FORTH IN EXHIBIT A, RH MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
Part 2 - Services
2.1 Pre-Assignment Screening
If you require RH to perform background checks or other placement screenings of Professionals, you agree to notify RH prior to the start of services under this Agreement. RH will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement. If you request a copy of the results of any checks conducted on RH's Professionals, you agree to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes.
2.2 Scope of Assignment
You shall supervise Professionals providing services to you. You shall not permit or require Professionals (i) to perform services outside of the scope of his or her assignment; (ii) to sign contracts or statements (including SEC documents); (iii) to make any management decisions; or (iv) to use computers or other electronic devices, software, services, tools, e-mail accounts or network equipment owned or licensed by the Professional.
2.3 Cash Handling and Other Financial Transactions and Activities Since RH is not a professional accounting firm, you agree that you will not permit or require a Professional (a) to render an opinion on behalf of RH or on your behalf regarding financial statements; (b) to sign the name of RH on any document; or (c) to sign their own names on financial statements or tax returns. If you permit or allow a Professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or other related activities, you accept sole responsibility for all claims, demands and liability that may arise from permitting these activities. You represent and warrant that to the extent you permit or allow a Professional to engage in the activities described in this paragraph, you will not permit or allow the Professional to handle more than (i) $1,000 per day if you are a non-profit entity, or (ii) $25,000 per day if you are a for-profit entity.
2.4 Workplace Safety
You agree that you have full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to your business, and (ii) ensuring that safety plans exist for, and safety related training is provided to, Professionals working on your premises. To ensure the safety of potentially vulnerable individuals on your premises, you agree not to permit any Professional to have unsupervised or unmonitored contact with (1) minors or (2) adults who are under your care, custody or supervision because of mental health impairments. If any assignment under this Agreement is for work to be performed under a government contract or subcontract, you will notify RH immediately (1) of any obligations in the government contract or subcontract relating to wages, and (2) if RH is legally required to initiate E-Verify verification procedures for any Professionals. RH reserves the right to re-assign any Professionals.
2.5 Operation of Vehicles and Equipment
We do not authorize Professionals to operate machinery (other than office machines) or vehicles. If you wish to permit Professionals to drive for business purposes, you accept sole responsibility for all liability, damages, injuries or other claims that may arise or be incurred as a result of such driving. If you require any Professional to drive a vehicle owned by you or by a your employee, you agree to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstances will you permit a Professional to: (i) make bank deposits; (ii) carry cash in excess of $100, negotiable instruments or other valuables while driving; or (iii) have passengers in the vehicle. It is agreed that you accept full responsibility for, and that we do not maintain insurance to cover any injury, damage, or loss that may result from your failure to comply with the foregoing.
2.6 Remote Work
You may request that a Professional provide services to you remotely (i.e., from a location other than your or your customer’s premises) using a laptop and/or other computer or telecommunications equipment provided by you or RH (collectively, the “Equipment”). In such case, you acknowledge and agree that RH shall have no control over, and you shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment or related devices, network accessibility and availability, software, services, tools and e-mail accounts (collectively, “Computer Systems”) used by the Professional, and (ii) the security or integrity of, and for backing up, the data and other information stored therein or transmitted thereby. Moreover, you must not permit a Professional to save or store any of your files or other data on the Computer Systems provided by RH (including, but not limited to, any virtual desktop infrastructure solution). You agree that RH shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. /otcustagr01/
© Robert Half Inc., 2024. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/F/D/V
2.7 Claims
RH will not be responsible for any claim related to the engagement, including, but not limited to, any Services performed during such engagement, unless you have reported such claim in writing to RH within ninety (90) days after termination of the applicable assignment.
2.8 Confidentiality
The Professionals will execute any confidentiality agreement that you may require. You agree to be responsible for obtaining the Professional's signature. You agree to hold in confidence the identity of any Professional and the Professional's resume, social security number and other legally protected personal information, and you agree to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.
This Agreement is only applicable to, and the only Robert Half branch and practice group obligated under this Agreement are, the finance & accounting and administrative & customer support practice groups of the Branch. This Agreement and its job arrangement letter(s) are the complete agreement regarding these transactions, and replace any prior oral or written communications between the Branch and you regarding these transactions.
By signing below, both parties agree to the terms of this Agreement. Once signed, 1) any reproduction of this Agreement or job arrangement letter made by reliable means (for example, photocopy or facsimile) is considered an original and 2) all Services ordered under this Agreement are subject to it.
Agreed to: Agreed to:
City of Huntington Park Robert Half Inc.
/customersign/ /rhsign/
By__________________________________________ By_________________________________________ Authorized signature Authorized signature
Name (type or print): Ricardo Reyes Name (type or print): Gretchen Feighner Date: /clientdate/
Customer address: 6550 Miles Ave., Huntington Park, CA 90255 Date: /rhdate/April 18, 2024
Branch address: 300 North Continental Blvd. Suite 415, El Segundo, CA 90245
After signing, please return a copy of this Agreement to the RH "Branch address" shown above.
Exhibit A
Professionals are assigned to you under the following additional terms:
1. Guarantee - RH guarantees your satisfaction with the Services of the Professional by extending to you a one-day (8 hour) guarantee period. If, for any reason, you are dissatisfied with the Professional, RH will not charge for the first eight hours worked, provided that you allow RH to replace the Professional. Unless you contact RH before the end of the first eight-hour guarantee period, you agree that the Professional is satisfactory.
2. Bill Rates and Time Sheet - Hourly rates for all assignments will be agreed on a case-by-case basis. Professionals will present a time sheet or an electronic time record to you or your representative for approval and signature at the end of each week. RH will bill you weekly for the total hours worked; RH’s invoices are due upon receipt, including applicable sales and service taxes all of which are payable by you. In the event that you fail to pay the invoices when due, you agree to pay all of RH’s costs of collection, including reasonable attorneys' fees, whether or not legal action is initiated. Additionally, RH may, at its option, charge interest on any overdue amounts at a rate of the lesser of 1½% per month or the highest rate allowed by applicable law from the date the amount first became due. RH may charge you a technology fee for the provision of equipment or technology if you request that a Professional use equipment or technology provided by us. RH may also increase its rates to reflect increases in our own costs of doing business, including costs associated with higher wages for workers and/or related tax, benefits or other costs. RH will provide written or verbal notice of technology fees and/or increase in its rates. Any increase in RH rates will be prospective, starting as of the effective date RH specifies in the notice. /otcustagr01/
© Robert Half Inc., 2024. All rights reserved. Robert Half Inc. is an Equal Opportunity Employer M/F/D/V
3. Overtime - If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate.
4. Hiring the Person Referred to You - After you evaluate the performance and potential of a Professional on the job, you may wish to employ this person directly. In such event, you agree to pay a conversion fee. The conversion fee is payable if you hire a Professional, regardless of the employment classification, on either a full-time, temporary (including temporary assignments through another agency) or consulting basis within twelve months after the last day of the assignment. You also agree to pay a conversion fee if a Professional is hired by (i) a subsidiary or other related company or business as a result of your referral of the Professional to that company or (ii) one of your customers as a result of the Professional providing services to that customer.
The conversion fee will be owed and invoiced upon your hiring of the Professional, and payment is due upon receipt of the invoice. The same calculation will be used if you convert the Professional on a parttime basis using the fulltime equivalent salary.
The conversion fee will equal a percentage of the Professional's aggregate annual compensation, including bonuses:
Hours Billed and Paid Conversion Rate
Up to 160 hours 25%
161 to 320 hours 20 %
321 to 640 hours 15%
More than 641 hours 5 %
April 29, 2024
Personal & Confidential
JEFF JONES
CITY OF HUNTINGTON PARK
6550 MILES AVE.
HUNTINGTON PARK, CA 90255
Dear Jeff,
Thank you for partnering with Robert Half. Emily Smith is scheduled to start with City of Huntington Park as an Accounting Manager on 04-29-2024. As agreed, we will invoice your firm at the rate of $120.00 per hour. Overtime will be billed at 1.50 times such rate. Please find the enclosed General Conditions of Assignment and Terms of Payment for your review.
Our professional will submit a time report for verification and approval at the end of each week. Your approval thereby will indicate you have read and agree to the enclosed General Conditions of Assignment and Terms of Payment.
Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to working with you.
Sincerely,
Robert Half
10960 Wilshire Blvd
Suite 900
Los Angeles, CA 90024
(888) 400-7474
Job Order Number: 00320-0012954737
© Robert Half Inc. 2024. All rights reserved. An Equal Opportunity Employer M/F/Disability/Veterans.
ATTACHMENT "B"
GENERAL CONDITIONS OF ASSIGNMENT
Thank you for your confidence in Robert Half. The following General Conditions of Assignment and the enclosed Terms of Payment apply to this assignment.
Scope of
Assignment
Our professional is only authorized to perform work within the scope of the assignment. It is your responsibility to provide appropriate direction, guidance or oversight to our professional for satisfactory performance on your assignment.
You will not permit our professional to use computers or other electronic devices, software, services, tools, e-mail accounts or network equipment owned or licensed by our professional.
Since Robert Half is not a professional accounting firm, it is expressly understood that our professionals are not authorized to render an opinion on behalf of Robert Half or on your behalf on financial statements, nor are our professionals authorized to sign the name of Robert Half on any document or to sign their own names on financial statements or tax returns.
Client's
Responsibility
You shall not permit or require our professional to make any management decisions on your behalf.
It is understood that you are responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls (including information technology, proprietary information, creative designs and trade secret safeguards) for your company and we shall not be responsible for any losses, liabilities or claims arising from the lack of such controls or procedures. Please notify us immediately if you require Robert Half to perform background checks or other placement screenings of our professional. We will conduct such checks or screenings for you only if they are described in a signed, written amendment to these General Conditions of Assignment.
Cash Handling and Other Financial Transactions and Activities: If you permit or allow our professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or other related activities, you accept sole responsibility for all claims, demands and liability that may arise from permitting these activities. You represent and warrant that to the extent you permit or allow our professional to engage in the activities described in this paragraph, you will not permit or allow our professional to handle more than (i) $1,000 per day if you are a non-profit entity, or (ii) $25,000 per day if you are a for-profit entity.
Workplace Safety: It is understood that you have full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to your business, and (ii) ensuring that safety plans exist for, and safety related training is provided to, our professional working on your premises. To ensure the safety of potentially vulnerable individuals on your premises, you agree not to permit our professional to have unsupervised or unmonitored contact with (1) minors and (2) adults who are under your care, custody or supervision because of mental health impairments.
Government Contracts: If this assignment is for work to be performed under a government contract or subcontract, you will notify us immediately (1) of any obligations in the government contract or subcontract relating to wages, and (2) if we are legally required to initiate E-Verify verification procedures for our professional.
Operation of Vehicles and Equipment: It is understood that we will not authorize our professional to operate machinery (other than office machines) or vehicles. If you wish to permit our professional to drive for business purposes, you accept sole responsibility for all liability, damages, injuries or other claims that may arise or be incurred as a result of driving. If you require our professional to drive a vehicle owned by you or an employee of your company, you agree to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstances will you permit our professional to: make bank deposits; carry cash in excess of $100, negotiable instruments or other valuables while driving; or have passengers in the vehicle. It is agreed that you accept full responsibility for, and that we do not maintain insurance to cover any injury, damage, or loss that may result from your failure to comply with the foregoing.
Claims: It is understood that you are responsible for reporting any claim to us in writing during or within ninety (90) days after the assignment. Under no circumstance will Robert Half be responsible for any claim related to the assignment, including but not limited to work performed by our professional, unless you have reported such claim in writing to us within ninety (90) days after termination of the assignment.
Remote Work You may request that our professional provide services to you remotely (i.e., from a location other than your or your customer’s premises) using a laptop and/or other computer or telecommunications equipment provided by you or Robert Half (collectively, the “Equipment”). In such case, you acknowledge and agree that Robert Half shall have no control over, and you shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment or related devices, network accessibility and availability, software, services, tools and e-mail accounts (collectively, “Computer Systems”) used by our professional, and (ii) the security, integrity and backing up, of the data and other information stored therein or transmitted thereby. Moreover, you must not permit our professional to save or store any of your files or other data on the Computer Systems provided by us (including, but not limited to, any virtual desktop infrastructure solution). You agree that we shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. - CONTINUED ON REVERSE -
10960 Wilshire Blvd, Suite 900, Los Angeles, CA 90024
Confidentiality Our professional will agree to execute any confidentiality agreement you may require. You are responsible for obtaining our professional's signature.
You agree to hold in confidence the social security number and other legally protected personal information of our professional and to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.
Limitation
on
Liability
We make no express or implied warranty, including, but not limited to, any warranty of quality, performance, merchantability or fitness for any purpose with respect to any services performed or any goods provided, including, but not limited to, financial or accounting services performed, or software developed, for you. Under no circumstances are we liable for any special, incidental, exemplary, indirect damages, lost profits or consequential damages (including, but not limited to, lost business, revenue, goodwill, or anticipated savings), even if informed of the possibility. Our liability, if any, will (in the aggregate for all claims, causes of action or damages) be limited to any actual direct damages up to an amount equal to the fees actually paid by you to us for the services that are the subject of the claim, regardless of the basis on which you are entitled to claim damages from us (including, but not limited to, fundamental breach, negligence, misrepresentation, or other contract or tort claim).
Insurance In addition to workers' compensation insurance for our professional, we also maintain commercial liability insurance.
No Contrary
Agreements
These General Conditions of Assignment contain the complete and final agreement on the topics they address, and they supersede any prior agreements or understandings on these topics. Our professionals do not have authority either to verbally modify these General Conditions of Assignment or to assume additional responsibilities other than those set forth in these General Conditions of Assignment.
Job Order: 00320-0012954737 Date: 04-29-2024
10960 Wilshire Blvd, Suite 900, Los Angeles, CA 90024
TERMS OF PAYMENT
Thank you for your confidence in Robert Half. Our professional for this assignment of Accounting Manager is Emily Smith. The assignment will start on 04-29-2024. As agreed or otherwise communicated, we will invoice your firm at the rate of $120.00 per hour. Should you wish to use our professional for other assignments, please let us know. The hourly billing rate may then change to reflect the experience necessary for the assignment. Call Robert Half for any changes in the assignment. We request a minimum thirty (30) days' notice prior to ending any assignment.
The following Terms of Payment apply to this assignment:
Guarantee Robert Half guarantees your satisfaction with our professional's services by extending to you a two-day (16 hours) guarantee period. If, for any reason, you are dissatisfied with our professional, Robert Half will not charge for the first sixteen hours of work by the professional, provided that Robert Half is allowed to replace the professional. Unless you contact us before the end of the first sixteen hours guarantee period, you agree that our professional is satisfactory.
Time Report Our professional will submit a time report for verification and approval at the end of each week. Your approval thereby indicates your acknowledgement of the General Conditions of Assignment and these Terms of Payment. Our compensation to our professional is on a weekly basis, and you will be billed weekly for the total hours of work by the professional, including time spent completing, revising, and/or resubmitting a time report during business hours, and we ask that you respect those guidelines. Because Robert Half invoices reflect payroll we have already paid, our invoices are due upon receipt. Applicable sales and service taxes shall be added to these invoices. In the event that you fail to pay the invoice when due, you agree to pay all of our costs of collection, including reasonable attorneys' fees, whether or not legal action is initiated. Additionally, we may, at our option, charge interest on any overdue amounts at a rate of the lesser of 1 1/2% per month or the highest rate allowed by applicable law from the date the amount first became due.
Overtime Overtime will be billed at 1.50 times the normal billing rate. Overtime applies when hours of work by the professional exceed 40 hours per week (and in California exceed more than 8 hours in a day and as other state laws may require). If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate.
Hiring the
Person Referred
to You
After you evaluate the performance and potential of our professional, you may wish to employ this person directly. Our professionals represent our pool of skilled professionals and in the event you wish them converted to your employ or another employer to whom you refer them, you agree to pay a conversion fee. The conversion fee is payable if you hire our professional, regardless of the employment classification, on either a full-time, temporary (including temporary assignments through another agency) or consulting basis within twelve months after the last day of the assignment. You also agree to pay a conversion fee if our professional is hired by (i) a subsidiary or other related company or business as a result of your referral of our professional to that company or (ii) one of your customers as a result of our professional providing services to that customer.
The conversion fee will equal 35% of the professional's aggregate annual compensation, including bonuses.
The conversion fee will be owed and invoiced upon your hiring of our professional, and payment is due upon receipt of this invoice. The same calculation will be used if you convert our professional on a part-time basis using the full-time equivalent salary.
Employment
Taxes and
Withholdings
Robert Half will handle, to the extent applicable, any workers' compensation insurance, federal, state and local withholding taxes and unemployment taxes, as well as social security, state disability insurance or other payroll charges.
General
Conditions
Robert Half may charge you a technology fee for the provision of equipment or technology, if you request that our professional use equipment or technology provided by us. Robert Half may also increase our rates provided under the Terms of Payment to reflect increases in our own costs of doing business, including costs associated with higher wages for workers and/or related tax, benefit and other costs. We will provide written or verbal notice of the technology fees and/or increase in our rates. Any increase in our rates will be prospective, starting as of the effective date Robert Half specifies.
A copy of the General Conditions of Assignment has been provided to you. We reserve the right to replace our professional.
Job Order: 00320-0012954737 Date: 04-29-2024
10960 Wilshire Blvd, Suite 900, Los Angeles, CA 90024