DATE: January 23, 2024
TO: Board of Supervisors
SUBMITTED BY: Hollis Magill, Director of Human Resources
SUBJECT: First Amendment to Agreement A-20-057 - an Agreement for Specialized Legal Services
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute First Amendment to Agreement A-20-057, which is an Agreement for Specialized Legal Services with Liebert Cassidy Whitmore, effective upon execution, with no change to the term of February 4, 2020, through the final optional year, ending February 3, 2025, and increasing the maximum by $150,000, to a total of $250,000.
REPORT
There is no additional Net County Cost associated with the recommended action, which will increase the maximum amount payable to Liebert Cassidy Whitmore (LCW) from $100,000 to $250,000. The objective of these additional funds is to continue the County’s ability to obtain subject matter expertise and training on various labor and personnel matters outside the expected availability or expertise of the County Counsel and Human Resources Department.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended action, the Department of Human Resources and County Counsel would be unable to access specialized legal services necessary for the County to respond to changes in laws and regulations, address legal issues arising from employee-employer relations, and provide training related to new labor law.
FISCAL IMPACT:
There is no increase in Net County Cost (NCC) associated with the recommended action. Actual costs will be based on services performed and total compensation payable will not exceed $250,000 for the full five (5) year term of the agreement. County departments will continue to be charged only for their allocation of actual costs incurred. Sufficient appropriations and revenues for the recommended action are included in the Human Resources Org 1010 FY 2023-24 Adopted budget and will also be included in the FY 2024-25 budget request.
DISCUSSION:
There has been a significant amount of legislation during the past few years impacting labor and personnel matters affecting public sector employers and employees. LCW has been instrumental in assisting County management with smooth implementation of these new laws, as well as assessing their impact on County practices and policies.
Additionally, LCW has provided training for County employees covering a wide variety of labor, investigation, and workforce issues. This service is critical to the County’s ability for staff to effectively navigate the labor laws affecting the employer-employee relationship.
The Agreement was initially approved by the Board on February 2020, with an initial 3-year term, ending on February 3, 2023. Subsequent satisfactory performance led to the Director Human Resources approving the use of the two optional 1-year extensions, with a final termination date of February 3, 2025. Utilization of the agreement has recently exhausted the funding initially provided in the Agreement and the County has matters outstanding which require the allocation of additional funds. If your Board does not approve the recommended amendment, then the Human Resources Department will be limited in its ability to provide relevant and effective training for County employees.
REFERENCE MATERIAL:
BAI #31, February 4, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - First Amendment to Agreement A-20-057
CAO ANALYST:
Salvador Espino