HomeMy WebLinkAboutItem 28 - Amendments to Consultant Agreements for Council Aide Services City Manager’s Office
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Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 7, 2024
TOPIC: Amendments to Consultant Agreements for Council Aide Services
AGENDA TITLE
Approve Amendments to Consultant Agreements with Claudia Perez (Mayor Amezcua),
Andrew Linares (Councilmember Bacerra), and Valerie Magdaleno (Councilmember
Lopez) for Council Aide Services (General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute second amendments to consultant
agreements with Claudia Perez, Andrew Linares, and Valerie Magdaleno for Council
Aide Services, to increase the not-to-exceed amount of each agreement by $10,000,
for a total amount not to exceed $60,000 per agreement, and to extend the term of
the agreements to June 30, 2024. (Agreement Nos. A-2024-XXX, A-2024-XXX, A-
2024-XXX)
2. Provide input for future Council Aide Services agreements regarding not to exceed
amounts by selecting one of the following options:
a.Option 1: Invoicing not to exceed $5,000 per month per agreement, with
monthly invoicing of hourly rates, material, and other reimbursable items; or
b.Option 2: Invoicing not to exceed $60,000 per year per agreement, with
monthly invoicing of hourly rates, material, and other reimbursable items
GOVERNMENT CODE §84308 APPLIES: Yes
No
DISCUSSION
Starting in Fiscal Year 2022-23, the City Council allocated $420,000 annually to provide
Council Aide Services for each member of the council. Under this program, each
councilmember may direct the City Manager’s Office to engage one or more
independent contractors to provide services to that councilmember. These direct
services augment general City Council staff support provided by the City Manager’s
Office and include one or more of the following: (1) data collection and analysis,
program evaluation, and public policy; (2) community engagement; and (3) constituent
services. As directed by the City Council, the City Manager’s Office allocates $60,000
each Fiscal Year for these services for each of the seven members of the City Council,
totaling $420,000.
Amendments to Consultant Agreements for Council Aide Services
May 7, 2024
Page 2
4
2
5
3
Currently, there are seventeen (17) agreements to support elected officials. The
agreements have been executed by the City Manager in accordance with the City
Manager’s annual award authority of $50,000. Each agreement has been negotiated
and the term, maximum payment, hourly rates, and details have been different for each
agreement. The table below provides information concerning each of the agreements:
Aide/Assigned Date Term Amount Payment Terms
Original
Agreement
12-22-
22
Missing
Term
$32,500 Monthly Payments
$5,000
New Agreement 07-1-23 12-31-23 $30,000 Hourly Rate of
$55.00
Claudia Perez
(Amezcua)
1st Amendment 11-07-
23
04-30-24 $50,000 Hourly Rate of
$50.00
Original
Agreement
07-19-
23
12-31-23 $30,000 Hourly Rate of
$57.69
Andrew Linares
(Bacerra)
1st Amendment 11-07-
23
04-30-24 $50,000 Same Rate
Fatima Avalos
(Hernandez)
Original
Agreement
07-12-
23
06-30-24 $30,000 Hourly Rate of
$22.00
Terry Tucker
(Hernandez)
Original
Agreement
09-01-
23
06-30-24 $30,000 Hourly Rate of
$27.00
Original
Agreement
05-01-
23
06-30-23 $30,000 Hourly Rate of
$35.00
New Agreement 07-01-
23
12-31-23 $30,000 Hourly Rate of
$35.00
Valerie
Magdaleno
(Lopez)
1st Amendment 11-07-
23
04-30-24 $50,000 Hourly Rate of
$40.00
Elizabeth
Alvarado
(Lopez)
Original
Agreement
05-24-
22
06-30-23 $30,000 Hourly Rate of
$30.00
Frida Ramirez
(Penaloza)
Original
Agreement
10-19-
23
06-30-24 $40,000 Hourly Rate of
$38.00
Ricardo Cuica
(Penaloza)
Original
Agreement
11-17-
23
06-30-24 $20,000 Hourly Rate of
$59.00
Original
Agreement
10-05-
23
12-31-23 $5,000 Hourly Rate of
$30.00
Amanda Tran
(Phan)
1st Amendment 12-07-
23
12-10-24 $20,000 Same Rate
Original
Agreement
06-30-
22
12-22 $15,000 Hourly Rate $30.00
+ pay travel
Dustin Lam
(Phan)
1st Amendment 12-28-
22
12-31-24 No
Increase
Same Rate
Original
Agreement
08-30-
22
12-31-22 $15,000 Hourly Rate $30.00Lisbeth
Rosales
(Phan)1st Amendment 12-28-
22
12-31-24 No
Increase
Same Rate
Amendments to Consultant Agreements for Council Aide Services
May 7, 2024
Page 3
4
2
5
3
Elizabeth
Alvarado
(Vazquez)
Original
Agreement
07-12-
23
06-30-24 $30,000 Hourly Rate $30.00
Lynn Ygual
(Vazquez)
Original
Agreement
07-01-
23
06-30-24 $30,000 Hourly Rate of
$50.00
Yenni Diaz
(Vazquez)
Original
Agreement
11-01-
23
06-30-24 $25,000 Hourly Rate of
$35.00
In the past two years, City Manager’s Office staff has administered 22 agreements
including amendments. The administration of these agreements require invoice
processing, renewal of expired agreements, amendments of current agreements, and
the tracking of time, involving City Manager’s Office, City Attorney’s Office, and Finance
and Management Services staff time. Staff is proposing to streamline the agreement
process and seeks City Council input. Provided feedback will allow Staff to formulate
standardized policies and procedures for this program. Input requested includes the
maximum allowable invoicing at $5,000 per month or the option of $60,000 annually
with invoicing of hourly rates, material, and other reimbursable items.
A new administrative policy will be developed to ensure uniformity for new agreements
and will provide direction outlining City Council Aides approved parameters. These
parameters will include language that includes but is not limited to prohibiting political
campaigning, participation in City internal confidential meetings, limitations of hours
and use of City equipment and services, and appropriate invoicing and accounting for
the consultant services. Additionally, to streamline the agreement process, new
agreements will be standardized to end in alignment with the City’s fiscal year (June
30).
The approval of this item will allow the extension of the agreements referenced in the
exhibits to end with the fiscal year, June 30, 2024. The amendment will not exceed the
allotted $60,000 per City Councilmember. New agreements will be prepared for the
term of July 1, 2024 through June 30, 2025, and those agreements that exceed the
$50,000 City Manager authority will be brought to City Council for consideration and
approval.
FISCAL IMPACT
This item includes three proposed amendments that, if approved by the City Council,
will increase City Council aide consultancy services-related expenditures by $30,000
for the remainder of FY 2023-24. Funds in the amount of $30,000 are available for
expenditure in the City Council Service Enhancement – Contracted Vendor Personnel
Services account (no. 01104012-62302).
EXHIBIT(S)
1. Second Amendment to Agreement with Claudia Perez
2. Second Amendment to Agreement with Andrew Linares
3. Second Amendment to Agreement with Valerie Magdaleno
Amendments to Consultant Agreements for Council Aide Services
May 7, 2024
Page 4
4
2
5
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Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Alvaro Nuñez, Acting City Manager
SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH CLAUDIA PEREZ
TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR
MAYOR VALERIE AMEZCUA
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on May 1,
2024, by and between Claudia Perez (“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 parties entered into Agreement No. N-2023-187 (“Agreement”) dated July 1, 2023, to
provide legislative support services for Mayor Valerie Amezcua.
B. On November 7, 2023, the parties entered into a First Amendment to the Agreement (#N-
2023-187-01) to extend the term of the Agreement until April 30, 2024, revise the
Consultant’s hourly rates, and increase the total “not-to-exceed” amount to the available
compensation. The Agreement is current and in effect.
C. The parties now wish to further amend the Agreement to increase the total “not to exceed”
amount available under the Agreement and to extend the term of the Agreement. No other
changes are contemplated by this Second Amendment.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to read as follows: City agrees to pay, and
Consultant agrees to accept as total payment for Consultant’s services for City, the amounts
listed in sections 2.b. through 2.f. of this Agreement. The total sum to be expended during
the term of this Agreement shall not exceed $60,000.00.
2. Section 3, Term, is amended to read as follows: This Agreement shall commence on July
1, 2023 and terminate on June 30, 2024, unless terminated earlier in accordance with
Section 15, below.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement,
as amended, shall remain in full force and effect.
[signatures on following page]
SIGNATURE PAGE FOR SECOND AMENDMENT TO CONSULTANT AGREEMENT
WITH CLAUDIA PEREZ TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR
MAYOR VALERIE AMEZCUA
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement
on the date and year first written above.
Jennifer L. Hall Alvaro Nunez
City Clerk Acting City Manager
APPROVED AS TO FORM CONSULTANT
Claudia Perez
Jonathan T. Martinez
Assistant City Attorney
City Attorney
SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH ANDREW
LINARES TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR
COUNCILMEMBER PHIL BACERRA
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on May 1,
2024, by and between Andrew Linares (“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 parties entered into Agreement No. N-2023-195 (“Agreement”) dated July 1, 2023, to
provide legislative support services for Councilmember Phil Bacerra.
B. On November 7, 2023, the parties entered into a First Amendment to the Agreement (#N-
2023-195-01) to extend the term of the Agreement until April 30, 2024, and increase the
total “not-to-exceed” amount to the available compensation. The Agreement is current and
in effect.
C. The parties now wish to further amend the Agreement to increase the total “not to exceed”
amount available under the Agreement and to extend the term of the Agreement. No other
changes are contemplated by this Second Amendment.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to read as follows: City agrees to pay, and
Consultant agrees to accept as total payment for Consultant’s services for City, the amounts
listed in sections 2.b. through 2.f. of this Agreement. The total sum to be expended during
the term of this Agreement shall not exceed $60,000.00.
2. Section 3, Term, is amended to read as follows: This Agreement shall commence on July
1, 2023 and terminate on June 30, 2024, unless terminated earlier in accordance with
Section 15, below.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement,
as amended, shall remain in full force and effect.
[signatures on following page]
SIGNATURE PAGE FOR SECOND AMENDMENT TO CONSULTANT AGREEMENT
WITH ANDREW LINARES TO PROVIDE LEGISLATIVE SUPPORT SERVICES FOR
COUNCILMEMBER PHIL BACERRA
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement
on the date and year first written above.
Jennifer L. Hall Alvaro Nunez
City Clerk Acting City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
Jonathan T. Martinez Andrew Linares
Assistant City Attorney
SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH VALERIE
MAGDALENO TO PROVIDE LEGISLATIVE SUPPORT SERVICES
FOR COUNCILMEMBER JESSIE LOPEZ
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on May 1,
2024, by and between Valerie Magdaleno (“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 parties entered into Agreement No. N-2023-165 (“Agreement”) dated July 1, 2023, to
provide legislative support services for Councilmember Jessie Lopez (then Mayor Pro Tem
Jessie Lopez).
B. On November 7, 2023, the parties entered into a First Amendment to the Agreement (#N-
2023-165-01) to extend the term of the Agreement until April 30, 2024, revise the
Consultant’s hourly rates, and increase the total “not-to-exceed” amount to the available
compensation. The Agreement is current and in effect.
C. The parties now wish to further amend the Agreement to increase the total “not to exceed”
amount available under the Agreement and to extend the term of the Agreement. No other
changes are contemplated by this Second Amendment.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to read as follows: City agrees to pay, and
Consultant agrees to accept as total payment for Consultant’s services for City, the amounts
listed in sections 2.b. through 2.f. of this Agreement. The total sum to be expended during
the term of this Agreement shall not exceed $60,000.00.
2. Section 3, Term, is amended to read as follows: This Agreement shall commence on July
1, 2023 and terminate on June 30, 2024, unless terminated earlier in accordance with
Section 15, below.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement,
as amended, shall remain in full force and effect.
[signatures on following page]
City Attorney
SIGNATURE PAGE FOR SECOND AMENDMENT TO CONSULTANT AGREEMENT
WITH VALERIE MAGDALENO TO PROVIDE LEGISLATIVE SUPPORT SERVICES
FOR COUNCILMEMBER JESSIE LOPEZ
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement
on the date and year first written above.
Jennifer L. Hall Alvaro Nunez
City Clerk Acting City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
Valerie Magdaleno
Jonathan T. Martinez
Assistant City Attorney