TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Susan B. Altman, Deputy County Counsel
SUBJECT: Amendment No. 1 to Agreement No. 230123B with Oppenheimer Investigations Group, LLP
RECOMMENDATION
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Approve and authorize Amendment No. 1 to Agreement No. 230123B with Oppenheimer Investigations Group, LLP, extending the term of the agreement an additional three years through June 30, 2028, updating the rate sheet without increasing the contract amount per fiscal year, and amending the indemnification provisions. (No Fiscal Impact)
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BACKGROUND
On August 23, 2022, the Board approved an agreement with Oppenheimer Investigations Group, LLP, (“OIG, LLP”) for OIG, LLP, to provide specialized investigative services to Napa County at the direction of County Counsel. OIG, LLP’s, specialized services include investigating allegations of misconduct, harassment, discrimination, and retaliation. Pursuant to the Agreement, as amended, the rate sheet for Oppenheimer Investigations Group, LLP, is to be superseded by the 2025 rate sheet attached to the Amendment as Exhibit “B-1”.
The agreement with Oppenheimer Investigations Group, LLP, is a critical service provided to Napa County as it ensures a third party can carry out sensitive investigations independently.
The proposed contract Amendment No. 1 to Agreement 230123B with Oppenheimer Investigations Group, LLP will continue this vital service, while revising the rate sheet to reflect current pay figures without increasing the not to exceed contract amount of $150,000 per fiscal year per the original Agreement No. 230123B. Additionally, the indemnification provisions are being adjusted to indemnify OIG for any additional work arising out of the requested services.
Requested Actions:
Approve and authorize the Chair to sign Amendment No. 1 to Agreement No. 230123B with Oppenheimer Investigations Group, LLP with a not to exceed amount of $150,000 per fiscal year.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Without the benefit of this agreement, all investigations into employee misconduct, discrimination or harassment would have to be performed in-house, which would reduce staff’s availability for other services and could potentially create conflicts of interest. |
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Future fiscal impact: |
Funds will be appropriated in future fiscal years, as needed. |
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Consequences if not approved: |
If the amendment is not approved, the County will no longer have the benefit of these services. |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA guidelines) and therefore CEQA is not applicable.