iTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Jakkie Arellano, Management Analyst - Administrative Services
SUBJECT:
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Appropriation of Additional Funds and Amendment to the Agreement with Liebert Cassidy Whitmore
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RECOMMENDATION
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Amend the Fiscal Year 2024/25 Operating Budget to establish an appropriation of $125,000 for Legal Services;
Amend the Agreement with Liebert Cassidy Whitmore to increase the not-to-exceed amount for Fiscal Year 2024/25 from $300,000 to $425,000; and
Authorize the City Manager to execute the amendment.
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PRIOR ACTION/VOTE
On April 3, 2018, the City Council adopted Resolution No. 18-3887, approving a retroactive agreement with Liebert Cassidy Whitmore for Labor and Employment Legal Services (Vote: 5-0).
On August 4, 2020, the City Council authorized an agreement with Liebert Cassidy Whitmore for Labor and Employment Legal Services (Vote: 5-0).
On September 5, 2023, the City Council authorized a three-year agreement with Liebert Cassidy Whitmore from July 1, 2023, to June 30, 2026 (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
DISCUSSION
Since 2017, the City of Murrieta (City) has worked with Liebert Cassidy Whitmore (LCW), a labor and employment law firm, to advise and defend the City on various personnel and employment matters. While Aleshire & Wynder, LLP, serves as the City’s general legal counsel, the City also contracts with other law firms for specialized legal services or when defense counsel is appointed under the City’s employment practices liability coverage. With LCW, these services have included labor negotiations, litigation, wage and overtime analysis, and other employment practices. Most recently, LCW has provided significant legal services related to the Fair Labor Standards Act, police employment matters, representation at arbitration and administrative hearings, and oversight of employment investigations to avoid conflict with the roles and responsibilities of the City Attorney’s Office.
The current agreement with LCW was approved by the City Council on September 5, 2023. The term of the agreement is for three (3) years from July 1, 2023, to June 30, 2026, in an amount not to exceed $300,000 per fiscal year. For FY 2024/25, the cost for LCW legal services exceeded the $300,000 amount. Therefore, staff is requesting the City Council approve an amendment (Attachment 1) to the agreement; and appropriate an additional $125,000 to the Human Resources Legal Services Operating Budget account in order to pay for the services rendered. The not-to-exceed amount for the final year of the agreement will remain $300,000.
FISCAL IMPACT
Amend the FY 2024/25 Operating Budget and appropriate additional funds in the amount of $125,000 the Human Resources Legal Services Operating Budget account 1102200-60440.
ATTACHMENTS
1. Amendment to the Agreement with Liebert Cassidy Whitmore