Title
Human Resources Department recommending the Board consider the following:
1) Make findings that it is appropriate to engage an independent contractor to provide professional employment investigation legal services and other specialized personnel services, as Agreement 7017 is necessary to protect against a conflict of interest or to ensure independent and unbiased findings where there is a need for an outside perspective and where work must be completed in limited timeframes in accordance with County ordinance code 3.13.030(F);
2) Make findings in accordance with Procurement Policy C-17, Section 3.4(5) exempting the services from competitive bidding requirements to extend an existing contract and avoid the interruption of County business;
3) Approve and authorize the Chair to execute Amendment I to Agreement 7017 with Kramer Workplace Investigations to increase the amount by $68,365 for a new amount of $150,000 and increase the term for an additional three months to June 30, 2026; and
4) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 7017, excluding term extensions and increases to the amount, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund with partial recovery from the Countywide Cost Allocation Plan.
Body
DISCUSSION / BACKGROUND
Human Resources receives complaints of alleged misconduct in the workplace, including discrimination, harassment, and retaliation by County employees. Pursuant to Section 309.3 of the County Personnel Rules, Code of Ethics, Commitment to County Public Service, and Respectful Workplace, Human Resources may conduct investigations of these complaints as it deems necessary. The department has contracted with outside vendors when special skills and qualifications are involved in the performance of the work, when it is necessary to protect against a conflict of interest and obtain an outside perspective to make independent and unbiased findings, or when it is otherwise necessary to ensure a prompt and thorough investigation and resolution of the complaints filed. The nature of the work involves temporary, occasional, and urgent services.
The County has existing contracts with several vendors to provide these services and has contracted with Kramer Workplace Investigations since 2017. Amendment I will allow the department to continue to utilize Kramer Workplace Investigations to provide investigative services for a matter currently underway by increasing the amount and extending the term of the contract to June 30, 2026.
It is recommended to exempt the competitive bidding process per Procurement Policy C-17, Section 3.4(5) so that the attorneys can complete an existing matter currently underway. The conditions from Section 3.4(5)(a) exists, which is that the extension is necessary to avoid the interruption of County business. The vendor agrees to continue to furnish the services at the same contract price and under the same terms and conditions as the original agreement.
ALTERNATIVES
The Board could choose not to approve Amendment I to Agreement 7017 and instead allocate additional personnel and funding for the hiring and development of additional workplace investigators and mediators. Given the sporadic nature of complaints, however, and the need for sufficient availability of external investigators and mediators when subject matter expertise, conflicts of interest, or potential litigation issues arise, this alternative is not recommended.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurements and Contracts, County Counsel, and Risk Management
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Human Resources is typically reimbursed for costs associated with investigations from the department in which the complaint is filed. This results in the agreement being funded from a variety of departments from within their allocated resources. Departments from which multiple complaints are filed, or for which complaints are more extensive or complex, will be financially impacted more than others given the increased cost to investigate and resolve such complaints. For all other specialized personnel services rendered under this agreement, as requested by or for Human Resources, funding for this agreement is available in the Human Resources budget. Should Human Resources or another department identify that investigation costs cannot be absorbed within the Fiscal Year 2025-26 budget, the department will notify the CAO and Board consistent with Policy B-1.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain Board Chair signature on Amendment I to Agreement 7017 and return one copy of the Agreement to Paula Starr in CAO Central Fiscal.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Joseph Carruesco, Director of Human Resources