Loading...
SR 04-11-2023 5I City Council Report City Council Meeting: April 11, 2023 Agenda Item: 5.I 1 of 6 To: Mayor and City Council From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Award Request for Proposal and enter into Agreement with Norman A. Traub & Associates and HRemedy, Inc. for Mediation and Investigation Services Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Award RFP #298B to Norman A. Traub & Associates, a California based company, for investigation services needs of the Human Resources Department. 3. Award RFP #298B to HRemedy, Inc., a California based company, for mediation services needs of the Human Resources Department. 4. Authorize the City Manager to negotiate and execute a professional services agreement with HRemedy, Inc. for a two-year pilot program in an amount not to exceed $75,000 for two years; and 5. Authorize the City Manager to negotiate and execute a professional services agreement with Norman A. Traub & Associates for a two-year pilot program in an amount not to exceed $150,000 for two years. Summary The Human Resources Department (HR) is responsible for conducting impartial investigations into employee and citizen complaints regarding employee misconduct, including complaints of harassment, discrimination, and retaliation. Periodically, there is a need to retain an outside investigator to conduct these impartial personnel investigations for various reasons, including the nature and complexity of the alleged conduct, the position of the accused, or the volume of HR’s existing workload. HR is also responsible for assisting City Departments with workplace morale and employee relations matters. Professional mediation provides an avenue to de-escalate disputes 5.I Packet Pg. 598 2 of 6 or complaints by providing employees with a confidential and non-adversarial forum to voice their concerns with the assistance of an external, professional facilitator to help reach voluntary resolutions. Staff recommends that Council authorize the City Manager to negotiate and execute separate two-year contracts for investigation services with Norman A. Traub & Associates and mediation services with HRemedy, Inc., respectively. As is current practice, the cost will continue to be covered by the departments utilizing the services with their existing budgets. Discussion The Human Resources Department provides investigation services for all City departments for allegations of employee misconduct, workplace violence, harassment, discrimination, and retaliation. The complexity and scope of each investigation depends upon the number of persons involved, the position or supervisory/managerial level of the person accused, and the severity of the allegations. Depending on staffing levels, workload, and the subject matter expertise required to adequately conduct the investigation, the Human Resources department may augment its capacity to deliver the service with an outside investigator. In 2020 Moss Adams, the City’s Internal Auditor, conducted an HR organizational assessment. One of the recommendations was to address delays in completing investigations in a timely fashion. The request to engage Norman A. Traub & Associates is responsive to the Moss Adams findings and would allow Human Resources to readily augment its capacity to conduct workplace investigations by engaging non-attorney professional investigators and overseeing their work to ensure timely progress occurs. On those occasions when an outside attorney-investigator is needed to conduct the investigation, HR coordinates with the City Attorney’s Office. Because the City Attorney’s Office is responsible for all legal work in the City, and consistent with past practice, the City Attorney’s Office supervises the work of such attorneys and all assignments and legal questions for outside counsel go through them. Human Resources will continue to utilize the City Attorney’s Office to retain an outside 5.I Packet Pg. 599 3 of 6 investigator when the investigator is an attorney and for more complex investigations including when the investigation involves higher level employees or officials, a conflict with HR staff conducting or overseeing the investigation, required subject matter expertise, anticipated litigation, or other significant exposure factors. Human Resources will coordinate and inform the City Attorney’s Office when they retain a non-attorney outside investigator to perform routine HR investigations. Over the last 2 years that we have been working on investigation service enhancements, we have had to involve CAO in retaining outside attorney investigators on approximately 6-8 occasions. Most investigations are routine HR investigations and should not require an attorney-level investigator. A professionally trained HR/employment investigator is sufficient and usually can be retained at a lower hourly rate and will streamline the process. The cost will continue to be covered by the departments utilizing the services with their existing budgets as is current practice. Additionally, Human Resources, through organizational culture enhancements, seeks to promote non-adversarial remedies for complaints or disagreements. Human Resources staff are not trained in mediation services yet recognize the benefits of such services to our staff. Therefore, the Human Resources Department seeks to retain HRemedy, Inc., to provide this new service to employees. Mediation services as a tool can help alleviate tensions between co-workers or supervisors, which ultimately has the potential to minimize formal complaints, formal investigations, avoid litigation, and provide for a more civil workplace. Mediation, while potentially resolving issues at the lowest level, also reinforces civility, communication, and consensus-building, which in turn enhances the City’s organizational culture. The cost will be covered by the departments utilizing the services with their existing budgets. HRemedy, Inc., and Norman A. Traub & Associates can service the wide array of needs of the City’s diverse workforce. Not only do they have the expertise sought, but also, they have a proven track record of providing timely services, which is critical in providing prompt and thorough resolutions to employee or citizen complaints. Each firm will provide a non-attorney solution to investigation and mediation matters which will enable HR staff to increase its capacity to deliver services and reduce cost. The City Attorney’s 5.I Packet Pg. 600 4 of 6 Office will still be utilized to engage an outside investigator for the more complex cases that either require an attorney-level investigator, or when there is a conflict with HR staff conducting or overseeing the investigation, or as otherwise explained above. HR continues to find alternative, lower cost, and healthier solutions to productively address the organization’s people problems. The recommended actions align with our mission to attract and retain the next generation of leaders, reinforce a civil and equitable workforce, and cultivate a culture of accountability, empowerment, and leadership. The two-year contracts with both Hremedy, Inc., and Norman A. Traub & Associates will be treated as a pilot program. As HR nears the end of the two-year contracts, they will evaluate the usage of these contracts to determine if there is a continued need for these types of services. Should it be determined that a need exists for either service, HR will return to City Council at that time for authorization to enter into additional three-year contracts with these firms. Vendor Selection Bidder Recommendation Best Qualified Person/Firm Norman A. Traub & Associates (Investigation Services) HRemedy, Inc. (Mediation Services) Evaluation Criteria The level of the firm’s previous projects of comparable complexity, scale and nature; proven expertise in the area of work required; evaluation of proposer’s work for previous clients receiving similar services; project work plan and timeliness; qualifications of the project team; cost control, cost effective work and services; quality of work based on samples; value add/breadth of service, industry best practices; quality of work and technical capabilities; Diversity, Equity and Inclusion experience. Municipal Code SMMC 2.24.190 RFPs Received Atkinson, Adelson, Loya, Ruud & Romo HRemedy, Inc. Norman A. Traub & Associates Reilly Workplace Investigations Renne Public Law Group Oppenheimer Investigations Group LLC RFP Data Date Posted Posted On Advertise In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 5.I Packet Pg. 601 5 of 6 03/23/2022 City's Online Bidding Site Santa Monica Daily Press 12 03/23/2022 Justification to Award Based on the evaluation criteria above and criteria in SMMC 2.24.190, staff recommends HRemedy, Inc. and Norman A. Traub & Associates as the best qualified firms for mediation and investigation services based on their extensive experience (the City has worked with Norman A. Traub previously) and work with public sector clients as well as a demonstrated breadth of service based on industry best practice. Norman A. Traub & Associates and HRemedy, Inc. received the highest rating from the City’s evaluators in the following categories: evaluation of proposer’s work for previous clients receiving similar services; project work plan and timeliness; qualifications of the project team; cost control, cost effective work and services; quality of work based on samples; value add/breadth of service, industry best practices; quality of work and technical capabilities; Diversity, Equity and Inclusion experience. Environmental Review The contracts for investigation and mediation services are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the General Fund to award a contract with Norman A. Traub & Associates and HRemedy Inc., for investigation and mediation services. Contract Request FY 2023-24 Budget Request Amount Department/CIP Account # Total Contract Amount $150,000 Various Department Accounts $150,000 Contract Request 5.I Packet Pg. 602 6 of 6 FY 2023-24 Budget Request Amount Department/CIP Account # Total Contract Amount $75,000 Various Department Accounts $75,000 Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council Attachments: A. 22-23 OAKS- HRemedy B. 22-23 OAKS- NATA 5.I Packet Pg. 603 5.I.a Packet Pg. 604 Attachment: 22-23 OAKS- HRemedy (5699 : Mediation and Investigation Services) 5.I.a Packet Pg. 605 Attachment: 22-23 OAKS- HRemedy (5699 : Mediation and Investigation Services) CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 5.I.b Packet Pg. 606 Attachment: 22-23 OAKS- NATA (5699 : Mediation and Investigation Services) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: Title: Signature: Date: Email: Phone: Permit # FOR CITY USE ONLY: Bid/PO/Contract # 5.I.b Packet Pg. 607 Attachment: 22-23 OAKS- NATA (5699 : Mediation and Investigation Services)