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 8704 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) Approve and authorize the Chair to execute Amendment I to competitively procured Agreement 8704 with Duggan McHugh Law Corporation to increase the amount by $124,198 for a new amount of $200,000 and extend the term for an additional three years through June 13, 2029; and
3) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 8704, 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 into 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.
On March 25, 2024, as a result of RFQ #24-918-029, Duggan McHugh Law Corporation was identified as a firm qualified for as-needed workplace investigation services. Human Resources recommends approval of Agreement 8704 Amendment I with Duggan McHugh Law Corporation, increasing the amount by $124,198 for a new amount of $200,000 and extending the term for an additional three years through June 13, 2029. The reason for this recommendation is that the contracts funds are almost exhausted and Human Resources would like to continue using this vendor for investigations. Human Resources requires a variety of investigation vendors in order to comply with state and federal legal requirements with respect to responding to workplace complaints in a timely and prompt manner. Human Resources has utilized this vendor on multiple occasions and as such knows the quality of their work product.
ALTERNATIVES
The Board could choose not to approve Amendment I to Agreement 8704 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, these alternatives are not recommended.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement 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 within the confines of their allocated resources. Departments for 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 their approved 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 8704 and return one copy of the Amendment to Paula Starr in CAO Central Fiscal.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Joseph Carruesco, Director of Human Resources