Title
Human Resources Department recommending the Board:
1) Make findings in accordance with County Ordinance 3.13.030(F) that contracting out 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 the continued use of services with Aleshire & Wynder from Request for Proposal 22-918-018 that was awarded in February 2022;
3) Approve and authorize the Purchasing Agent to sign Agreement 8167 with Aleshire & Wynder, LLP to provide professional legal services for the Civil Service Commission for a three-year term, incorporating rate increases with a not-to-exceed amount of $225,000; and
4) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 8167, excluding term extensions and increases to the not-to-exceed amount, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
On February 4, 2022, Aleshire & Wynder, LLP was awarded Request for Proposal (RFP) 22-918-018 to provide professional legal services. Agreement 6435 was fully executed on March 21, 2022, for Aleshire & Wynder, LLP to provide professional legal services on an as-needed basis for the purpose of providing legal advice to the Civil Service Commission (CSC) for the Human Resources Department with a not-to-exceed amount of $75,000 for the period of March 21, 2022, through March 20, 2023.
On December 29, 2022, Amendment I to Agreement 6435 was fully executed to extend the term by one year, through March 20, 2024.
On April 11, 2023, with Legistar item 23-0451, the Board authorized the Purchasing Agent to sign Amendment II to Agreement 6435 to increase the not-to-exceed amount by $75,000, making the new not-to-exceed amount $150,000, with no change to the rates.
Aleshire & Wynder, LLP and the Human Resources Department have agreed that the information provided in the original proposal submitted with RFP 22-918-018 is still valid and no significant changes have been made to the scope of work reflected in the original RFP. The rates provided by Aleshire & Wynder, LLP for the renewal agreement have increased compared to the rates submitted with RFP 22-918-018. The Partner rate has increased by 5%, the Associate rate has increased by 6%, the Paralegal rate has increased by 11%, and the Document Clerk rate has increased by 29%. These rates for the renewal agreement are considered to be within-reason by the Human Resources Department and Procurement and Contracts Division.
The proposed Agreement 8167 will allow for Aleshire & Wynder, LLP to continue providing professional legal services for the Civil Service Commission for a three-year term, with a not-to-exceed in the amount of $225,000.
ALTERNATIVES
The Board could choose not to approve renewal Agreement 8167, however, this alternative would result in Human Resources having to find a new provider for professional legal services to advise the Civil Service Commission.
PRIOR BOARD ACTION
04/11/2023 Legistar item 23-0451
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement & Contracts and County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Funding for the Agreement is included in the Human Resources Budget for Fiscal Year 2023-24 and will be included in future year budgets as needed. Any department specific services will be charged back to that County department through internal charges.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Good Governance
CONTACT
Joseph Carruesco, Director of Human Resources