TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Michelle Tamez, Human Resources Analyst
SUBJECT: Agreement for Professional Legal Services Between the City of
Murrieta and Liebert Cassidy Whitmore
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RECOMMENDATION
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1) Authorize a three-year Agreement with Liebert Cassidy Whitmore for Professional Legal
Services in the amount not to exceed $300,000 per year; and
2) Authorize the City Manager to execute the agreement; with the option to extend for up
to two, additional one-year periods.
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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).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
In 2017, the City of Murrieta (City) entered into an agreement with Liebert Cassidy Whitmore (LCW), a preeminent labor and employment law firm, to advise on various issues related to employment matters. While the firm Aleshire & Wynder serves as the City’s general counsel, from time to time, the City contracts with other law firms for specialized legal services. With LCW, these services have included labor negotiations, employment-related litigation, wage and overtime analysis, and other employment practices. Most recently, LCW has provided significant legal counsel in regard to the Fair Labor Standard Act (FLSA), Police employment matters, and employment investigation services.
The most recent agreement with LCW was approved by City Council with a defined end date of June 30, 2022. The City exercised its option to renew the agreement last year for an additional one-year term through June 30, 2023. With the authorization of the City Council, the City Manager will execute a new three-year agreement with LCW, with the option to execute two one-year extensions. Under the terms of the agreement, the City will be billed only when services are requested and delivered, not to exceed $300,000 per year. There is no retainer fee associated with the agreement. Since 2020, the average amount of billed services has been $150,259 per year.
FISCAL IMPACT
Funding for this agreement is budgeted for $300,000 in FY 2023/24 and FY 2024/25 in account #1102200-60440 to pay for Legal Consultant Services. Budget appropriation for subsequent years of the agreement will go through the normal budget adoption process.
ATTACHMENTS
1) Agreement with Liebert Cassidy Whitmore