Title
Human Resources Department recommending the Board consider the following:
1) Make findings in accordance with Ordinance 3.13.030(F) that a contract for workplace investigations and mediation 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;
2) Approve and authorize the Board Chair to sign Agreement 8691 with Municipal Resource Group, LLC, a firm that was identified through a County request for qualifications process, for a term of August 17, 2024 through August 16, 2027 and in an amount not to exceed $275,000; and
3) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 8691, excluding term extension and increases to the amount, contingent upon approval by County Counsel and Risk Management.
FUNDING: Countywide, General Fund and non-general fund.
Body
DISCUSSION / BACKGROUND
Human Resources receives complaints of alleged misconduct in the workplace, including discrimination, harassment, retaliation, and abusive conduct by County employees. Human Resources may conduct investigations of these complaints in accordance with County policy or rule, including Board Policy E-5 and Personnel Rule 309.4, or as it and affected department heads deem 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 contracted with MRG since 2014 for workplace investigation services.
MRG has the personnel and equipment necessary to provide workplace investigation services (which may include legal services if an attorney is chosen as the project’s principal investigator) in connection with labor and employment matters including, but not limited to, investigations, mediation, trainings, and services related to other various employment relations subjects. To ensure that Human Resources has a wide variety of vendors with different areas of specialty, this agreement is one of multiple agreements for as-needed professional services.
On March 25, 2024, as a result of RFQ #24-918-029, MRG was identified as a firm qualified for as-needed workplace investigation services. Human Resources recommends approval of this agreement in an amount not to exceed $275,000 and a term of August 17, 2024 through August 16, 2027.
ALTERNATIVES
The Board could choose not to approve this agreement 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
12/05/2023 Legistar file 23-1247 - The Board authorized the Chair to sign Amendment I to Agreement 5532 with MRG increasing the amount by $65,000 for a new amount not to exceed $275,000.
06/29/2021 Legistar file 21-0931 - The Board authorized the Chair to sign Agreement 5532 with MRG for a term of August 17, 2021 through August 16, 2024 and in an amount not to exceed $210,000.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement and Contracts, County Counsel, and Risk Management.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Human Resources is 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 also reimburse Human Resources for direct costs borne by complaints. 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. There is no change in Net County Cost, as funding for these as-needed services has been included in Human Resources' FY 2024-25 Budget. Future years costs will be budgeted appropriately.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain the Chair’s signature on 1 copy of Agreement 8691 and return to CAO Fiscal, attention Kelley Lawrie.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Joseph Carruesco, Director of Human Resources