HomeMy WebLinkAboutItem 21 - Approve Template and General Hourly Parameters for City Council Aide AgreementsCity Attorney's Office
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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: City Council Aide Agreements
AGENDA TITLE
Approve Template and General Hourly Parameters for City Council Aide Agreements
RECOMMENDED ACTION
Approve template and general hourly parameters for City Council Aide Agreements;
Authorize the City Attorney to revise the template agreement as necessary.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
In the past two years, the City Manager's Office staff has administered 22 agreements
for City Council Aide services. The administration of these agreements require invoice
processing and general administrative duties regarding oversight of the program. Staff
has proposed to streamline the agreement process and therefore sought City Council
input at the May 7, 2024 City Council meeting.
The City Council considered and provided direction to staff regarding the City Council
Aides agreements. A majority of the City Council agreed that there should be a
standard template with general hourly parameters dependent upon experience and/or
education. A majority of the Council also agreed that City Council Aides should not
have an official position with a political campaign of a candidate for Santa Ana City
Council or Mayor.
Staff was asked to return in one month with a template agreement and general hourly
parameters for the City Council to consider.
FISCAL IMPACT
City Council Aide Agreements
June 4, 2024
Page 2
None. Funds for the City Council Aides program are budgeted and available in the
following account for the current fiscal year:
Fiscal
Year
Accounting
Unit -Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24
01104012-62302
General Fund
City Council Service
$420,000
Enhancement —
Contracted Vendor
Personnel Services
account
EXHIBIT(S)
1. Template Agreement
2. General Hourly Parameters
Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nunez, Acting City Manager
COUNCIL AIDE PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into on this day of , 20_ by and between
, ("Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City").
RECITALS
A. The City desires to obtain the services of a Consultant to provide administrative, constituent, and
legislative support for a member of the Santa Ana City Council.
B. Consultant represents that Consultant is qualified to perform these services.
C. In undertaking the performance of this Agreement, Consultant represents that Consultant is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Consultant shall perform during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and
adequately provide administrative, constituent, and legislative support services for [Mayor
or Councilmember [insert name] ("Councilmember") as provided in this Agreement
and in the Scope of Services as described in subsection b below.
b. At the direction of Councilmember, Consultant shall perform a variety of administrative,
constituent, and legislative functions and tasks, including but not limited to, conducting
complex administrative studies, researching and responding to constituents' inquiries, drafting
written communications involving strategy, policies, and/ or procedures, coordinating assigned
project activities, and serving as a liaison, where necessary.
As may be required for services performed while at City Hall, the City may provide access to
the Councilmember's office space — consistent with City procedures — should Consultant
require limited access to perform services required by the Councilmember. Consultant shall
maintain a business location separate from City and Consultant understands that such access
to office space is not required by the City but provided to the Consultant on an as -needed basis
and should only be used when City Hall is open to the public or while the Councilmember is
present.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City,
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the hourly pay rate of for services rendered pursuant to this Agreement.
Consultant agrees and understands that no changes to this pay rate shall be made during the
term of this Agreement. The total sum to be expended under this Agreement shall not exceed
b. Consultant agrees and understands that the not -to -exceed amount, provided above, includes
reimbursement for all out-of-pocket expenses, including but not limited to, mileage, copying
costs, and mail services authorized at the sole direction of the Councilmember in connection with
the performance of duties under this Agreement. The City shall not make any separate payments
for any of the above expenses.
c. Consultant shall submit monthly invoices to City for work performed during the billing period.
Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Monthly invoices shall be
in substantially the form attached hereto as Exhibit "A."
3. TERM
This Agreement shall commence on [enter a Start Date or "the date first written above"] for a
number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable
by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with
Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Consultant
shall pay all salaries and wages, benefits, employer's social security taxes, unemployment insurance, and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. POLITICAL CAMPAIGN ACTIVITIES
Consultant is prohibited from the following political campaign activities while this Agreement is
in place:
a) Acting as campaign treasurer/manager or having any other official campaign
position for any candidate for Santa Ana City Council or Mayor;
b) Campaigning for any candidate for Santa Ana City Council or Mayor at the same
time as Consultant is performing work for the City pursuant to this Agreement;
c) Using City equipment, supplies or resources to campaign for any candidate for
Santa Ana City Council or Mayor;
d) Accepting any campaign contributions on behalf of any candidate for Santa Ana
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City Council of Mayor;
e) Campaigning while wearing any attire or logo that identifies you as a Consultant
for the City of Santa Ana;
f) Campaigning while using any City room, building, or location that has not been
specifically designated for political speech; and/or
g) Receiving any payment or reimbursement from a campaign candidate or their
campaign account.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE (Subject to revision per Risk Management review)
Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder and the results of that work by the Consultant, his or her agents, representatives,
employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an "occurrence" basis, including products and completed operations, property damage,
bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury
or disease.
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4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's
profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the
City requires and shall be entitled to the broader coverage and/or higher limits maintained by the
consultant.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the Consultant's
insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG
20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance
coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees,
and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with
notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant
may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees
to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision
applies regardless of whether or not the City has received a waiver of subrogation endorsement from the
insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Consultant
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named
insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best's rating of no less than ANII, unless otherwise acceptable to the City.
Claims Made Policies
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If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of
contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with
a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the
applicable policy language effecting coverage required by this clause. All certificates and endorsements
are to be received and approved by the City before work commences. However, failure to obtain the
required documents prior to the work beginning shall not waive the Contractor's obligation to provide
them. The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
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trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
a. Consultant represents that neither it nor any of its officers, partners or employees has a financial
interest, as defined in Section 87103 of the Government Code, in the subject matter of this
Agreement other than the right to receive payment from City for services rendered.
b. Consultant agrees that it shall not make, participate in making, or in any way attempt to use its
position as consultant to influence any decision of City in which Consultant knows, or has
reason to know, that any of its officers, partners or employees has a financial interest as defined
in Section 87103 of the Government Code.
c. Consultant warrants that neither Consultant nor any of its officers, partners or employees, has
any financial interest in any real property, building or structure within 2,500 feet of the location
of any project or assignment to which this Agreement may apply in the City of Santa Ana.
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Consultant agrees to disclose to City any financial interest in such property as may be acquired
by its officers, partners or employees during the term of this Agreement.
d. In accordance with the City's Conflict of Interest Code, if determined by the City Manager to
be a designated position, Consultant shall file a Statement of Economic Interests (Form 700)
with the Fair Political Practices Commission.
13. NON-EXCLUSIVE
Consultant understands and agrees that this is a non-exclusive Agreement and City may enter into
other agreements with other consultants and may use any of the contractors with whom City has contracts
and, therefore, the City cannot estimate nor guarantee the volume or amount of work to be received by
Contractor under this Agreement.
14. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in any services provided under this Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which is not embodied herein.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Consultants retained by City.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
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In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, Consultant may be required to deliver to the City all work
product(s) completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
18. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
19. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City:
Clerk of the City Council
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City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein, if any, and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
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Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Un
Alvaro Nunez
Acting City Manager
CONSULTANT
Assistant City Attorney Tax ID#
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Street Address Invoice #:
City, ST Zip Code
Phone
Bill To:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Agreement #:
Date:
Hourly Rate:
$30.00
Total Billable Hours:
11.25
Amount Due:
$337.50
Date Start Time
5/13/2024 7:30 AM
5/14/2024 2:00 PM
5/15/2024 5:00 PM
Time Out
5:30 PM
2:15 PM
6:00 PM
Description of Work
Performed
Office Hours for CMBR
Took phone call from
resident
Billable Hours
10.00
0.25
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
City Council Aide Program
General Hourlv Parameters
Rate
Description of Services
Experience/Education
Less than $20
Secretarial or clerical work; set up/take
down booths/ manage booth at events
$20 - $30
Secretarial/clerical work; editing;
High School
community engagement
diploma/GED or trade
school certificate;
equivalent experience
$30 - $40
Digital/social media content; editing;
College Degree or
research; policy analysis
equivalent experience
$40 - $50
Legislative policy work; policy analysis;
Master's Degree,
research
equivalent experience
$50 - $60
Legislative policy work; policy analysis;
JD, MBA, equivalent
research
experience