TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Lisa Jenkins, Human Resources Director
Stephanie Swofford, Human Resources Manager
SUBJECT:Title
Consideration of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with Hanson Bridgett, LLP to Conduct Independent Investigations of Confidential Matters for $100,000; and Appropriate $50,000 from the General Fund (Human Resources Director Jenkins).
A) ADOPT RESOLUTION NO. 22-0127
B) APPROPRIATE FUNDS
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RECOMMENDATION:Body
Staff recommends that the City Council approve an amendment to the agreement with Hanson Bridgett, LLP (“Hanson Bridgett”) for $100,000 for a total not-to-exceed amount of $145,000 for employee and labor relations support, specifically to conduct independent investigations of confidential personnel matters.
FISCAL IMPLICATIONS:
While the total proposed contract amendment amount is $100,000, the funds will be utilized for services rendered on an as-needed basis in response to personnel investigation needs that arise. Based on the volume of administrative investigations currently in process and anticipated for the current fiscal year, an additional appropriation of $50,000 is requested from the unreserved General Fund balance to supplement the current budget available for administrative investigations.
BACKGROUND:
The City previously retained the services of Hanson Bridgett in order to conduct specialized confidential personnel investigations. The City’s current agreement with the firm was previously amended by the City Manager to extend the term through June 30, 2023. Staff is now proposing an additional amendment requiring City Council approval to increase funds in order to complete pending administrative investigations and to be used in the future on an as-needed basis.
DISCUSSION:
When complaints are made requiring investigation, the City is obligated to conduct prompt, thorough, and unbiased investigations. As such, it is helpful to have several firms available on retainer so the investigation can be referred out promptly for handling. The City previously retained the services of attorneys at Hanson Bridgett to conduct personnel investigations and entered into a contract under the City Manager’s authority. The investigations assigned to attorneys from Hanson Bridgett by the Human Resources Department are now expected to exceed the initial contract amount. Pursuant to Manhattan Beach Municipal Code (MBMC) Section 2.36.130, contracts for services of specially-trained and professional persons are exempt from bidding. However, if the amount equals or exceeds $50,000, such contracts can only be approved by the City Council. Due to the need to complete pending investigations and have the option to refer future related or unrelated matters to this firm, staff recommends that Council adopt the resolution approving the second amendment to the agreement increasing the maximum compensation by $100,000 to a new total not-to-exceed amount of $145,000. Additionally, staff recommends an appropriation of $50,000 from the unreserved General Fund balance to accommodate the volume of administrative investigations in process and anticipated for the current fiscal year.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form.
ATTACHMENTS:
1. Resolution No. 22-0127
2. Amendment No. 2 - Hanson Bridgett, LLP
3. Agreement and Amendment No. 1 - Hanson Bridgett, LLP